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Home My WebLink About03-17-2021 Full AgendaIMPORTANT COVID-19 NOTICE In an effort to protect public health and prevent the spread of COVID-19 and to enable appropriate social distancing , the Mayor and City Council meeting is not open f or public attendance at this time. All meeting s will be held via tele-conf erence. To view the live meeting: Select the link to view the live-stream on the City’s website: http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=3010 or Spectrum & Frontier customers may view the broadcast on Channel 3. You may also view the archived video on the City’s website the day after the meeting. To provide public comments: Email your written comment to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting; or Call (909)384-5208 and leave a recorded comment not to exceed three (3) minutes by 4:00 p.m. the day of the scheduled meeting. The subject line of your email should include the meeting date, w hether your comment is for the Special Meeting, Closed Session, or Open Session, and w hether it is for public comment or for a specific agenda item. Example: 03/17/2021 – Open Session - Agenda Item No. 5 To provide public comments for a Public Hearing: Send an email to publiccomments@sbcity.org by 4:00 p.m. the day of the scheduled meeting. Include your name, telephone number, and the agenda item number. At the time of the requested agenda item, the City Clerk will call the commenter. Each person will be allowed to speak f or up to three-minutes. W ritten comments will be provided to the Mayor and City Council prior to the meeting and will be posted online f or public review, but will not be read aloud. Voicemail comments will be played aloud during the appropriate public comment portion of the meeting. Please note that written & recorded comments received after the deadline will not be included in the record until the next regular meeting. Recorded comments received past the deadline will not be played during the meeting. T o view PowerPoint presentations, written comments, or any revised documents for this meeting date select the link below: http://edocs.sbcity.org/WebLink/Browse.aspx?id=4107899&dbid=0&repo=SB Or visit the City Clerk’s page: From the City’s homepage www.sbcity.org select the Government category-> City Clerkon the Navigation menu select Search for Records Online-> Council Agendas->Current Year 2021->Meeting Date 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, MARCH 17, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION VIA ZOOM • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, 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 Ben Reynoso COUNCIL MEMBER, W ARD 5 Kimberly Calvin COUNCIL MEMBER, W ARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item. o 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 acce ssed online by going to www.sbcity.org. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/12/2021 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Mayor Pro-Tem, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Ben Reynoso    Council Member, Ward 6 Kimberly Calvin    Council Member, Ward 7 Damon L Alexander    Mayor John Valdivia    City Manager Robert D. Field    City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    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): a. M.H., a minor by and through his guardian ad litem, Nakitta Young v. City of San Bernardino, et al., United States District Court Case No.5:20-cv-00242 JGB (KKx) (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATION FROM CONGRESSMAN AGUILAR 1. Presentation from Congressman Aguilar - City-Specific Funding Details from the American Rescue Plan CITY MANAGER UPDATE Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/12/2021 APPOINTMENTS 2. General Plan Advisory Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Reuben J. Arceo to the General Plan Advisory Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 3. General Plan Advisory Committee Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Daniel E. Peeden to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 4. Arts and Historical Preservation Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Lucy J. Sunga to the Arts and Historical Preservation Commission representing Ward 6 with the term ending December 2024. Ms. Sunga will replace Rick Moss with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 5. Elected Official Compensation Advisory Board (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Guillory to the Elected Official Compensation Advisory Board representing Ward 6 with the term ending December 2024. Mr. Guillory will replace Charlene M. Dixon with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6. Planning Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Dolores Armstead to the Planning Commission representing Ward 6. Ms. Armstead will replace Anthony Jones with the term ending December 2024. Council Staff has verified that ap pointee is a registered voter within the City. 7. Public Safety and Human Relations Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Treasure Ortiz to the Public Safety and Human Relations Commission representing Ward 6. Ms. Ortiz will replace Walter A. Jarman with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/12/2021 PRESENTATIONS 8. Proclamation for Red Cross Month PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA STAFF REPORTS 9. Ad Hoc and Standing City Council Sub-Committee Review (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report and provide staff direction regarding the establishment, purpose and scope of City Council sub-committees. 10. Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All Wards) Recommendation Adopt Resolution No. 2021-56 of the Mayor and City Council of the City of San Bernardino, California, acting in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino , authorizing the issuance of its refunding bonds; approving a form of indenture, a form of bond purchase agreement, a form of irrevocable refunding instructions, and a form of continuing disclosure agreement; making certain determinations relating thereto; and authorizing certain other action in connection therewith. PUBLIC HEARINGS 11. Final Environmental Impact Report, General Plan Amendment 20 -02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 – the Landing by San Manuel (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2021-57 of the Mayor and City Council of the City of San Bernardino, California, certifying the Final Environmental Impact Report (State Clearinghouse No. 2020100067), adopting the Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20 -02 changing the General Plan Land Use Designation from Public/Quasi Public to Specific Plan of a parcel (APN: 0136-371-33) containing approximately 12.89 acres (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1557 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -03 and Specific Plan Amendment 20-01 changing the Zoning District Classification from Public Facilities (PF) to Specific Plan - Alliance California (SP-AC) Third Street Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/12/2021 Land Use District of a parcel (APN: 0136-371-33) containing approximately 12.89 acres, consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 3); 3) Adopt Resolution No. 2021-58 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D20-02 allowing the consolidation of four (4) parcels containing a total of approximately 52.97 acres and the development of an industrial warehouse containing approximately 1,153,644 square feet on a project site located on the south side of East 3 rd Street, between North Victoria Avenue and North Central Avenue (APN: 0136 - 371-18, 33, 36 and 37), consistent with a certified Final Environmental Imp act Report (State Clearinghouse No. 2020100067) (Attachment 5); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on April 7, 2021. 12. Substantial Amendment to FY 2020-2021 Action Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing, and 1. Adopt a Substantial Amendment to the FY 2020-2021 Action Plan; 2. Direct the Finance Director to amend the Fiscal Year 2020-2021 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 3. Direct the Finance Director to establish a new fund and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 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 2020-2021 Action Plan. 13. Street Vacation of Portion of 4Th Street (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Conduct a Public Hearing, per Street and Highway Code 8322 -8325, to consider comments on the proposed street vacation; and 2. Adopt Resolution 2021-59 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4 th Street and rescinding and repealing Resolution No. 2020-216 Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/12/2021 CONSENT CALENDAR 14. Resolution of the Mayor and City Council of the City of San Bernardino, California, Authorizing the City Manager to Execute the Third Amendment to the Legal Service Agreement with Carpenter, Rothans & Dumont, LLP Recommendation Adopted Resolution No. 2021-60, approving third amendment to the agreement with Carpenter Rothans & Dumont, LLP 15. Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following meetings: 1) May 21, 2020, Special Meeting 2) September 16, 2021, Special Meeting; and 3) March 3, 2021, Regular Meeting 16. April, October, December 2020 and January, February 2021 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 January, February, and March 2021. 17. Harris Building Parking Option Extension (Ward 1) Recommendation Adopt Resolution No. 2021-61 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redeve lopment Agency, approving the extension to the reciprocal easement agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking. 18. Code Amendment - Downtown Advisory Committee Final Reading (Wards 1 & 3) Recommendation Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to Section 2.17.040 related to Appointment-Registered voters requirement- Compensation-Oath, with the amendments identified by the Mayor and City Council motion to approve the ordinance. 19. General Plan Webpage (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file this report on the la unching of the City’s General Plan webpage - FutureSB2050.com. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/12/2021 20. Local Early Action Planning Grant Program Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-62 authorizing the City Manager to submit an application for the Local Government Planning Support Grant Program. 21. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernar dino, California approve the commercial and payroll disbursements for February and March 2021. 22. Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services (All Wards) Recommendation Adopt Resolution No. 2021-63 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute tow service agreements with various tow service carriers and reaffirming tow carrier requirements. 23. Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5, 6) Recommendation Adopt Resolution No. 2021-64 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Pacific Play Systems, Inc. in the amount of $879,950 for the construction of Playground Equipment Replacement-Phase 3 (CIP PR21-001) (“Project”); and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $1,012,270 for the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. 24. Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6) Recommendation Adopt Resolution No. 2021-65 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Martinez Concrete, Inc. in the amount of $412,550 to provide Citywide annual concrete repairs; and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $483,032 for Citywide Annual Concrete Repairs Project (CIP SS-D); and Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/12/2021 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 25. Final Reading and Adoption of Ordinance MC-1554 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adoption of Ordinance MC-1554 amending Ordinance 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, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capita l replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services). 26. Final Reading and Adoption of Ordinance MC-1556 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct final reading and adoption of Ordinance MC-1556 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance a nd 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). ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 27. Restricted Truck Routes- Council Member Alexander ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED ADJOURNMENT The Mayor and City Council will adjourn to a special meeting that will be held on Wednesday, March 31, 2021 via tele-conference. Open Session will begin at 5:30 p.m. Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/12/2021 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the March 17, 2021 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, March 12, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda March 17, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/12/2021 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Coun cil Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is exte nded by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Counc il and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Page 1 Closed Session City of San Bernardino Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. M.H., a minor by and through his guardian ad litem, Nakitta Young v. City of San Bernardino, et al., United States District Court Case No.5:20 -cv-00242 JGB (KKx) (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two cases Packet Pg. 12 Page 1 Presentation City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Presentation from Congressman Aguilar - City-Specific Funding Details from the American Rescue Plan 1 Packet Pg. 13 Page 1 Appointment City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Theodore Sanchez, Council Member, Ward 1 Subject: General Plan Advisory Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Reuben J. Arceo to the General Plan Advisory Committee representing Ward 1 with the term ending December 2022. C ouncil Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Discussion The General Plan Advisory Committee (GPAC) is an ad visory committee established by the Mayor and City Council to assist with the update the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primar y communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of seventeen (17) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021 -02, the Mayor shall appoint three (3) members and each City Council member shall nominate two (2) members. In accordance with the City Charter an d the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns 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 City. 2 Packet Pg. 14 7168 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Reuben J. Arceo to the General Plan Advisory Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. Reuben J. Arceo Ward: 1 Synopsis of Previous Council Action: January 20, 2021 -Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. 2 Packet Pg. 15 2.a Packet Pg. 16 Attachment: Attachment 1 - MCC.Commission Application - Reuben J. Arceo (7168 : General Plan Advisory Committee Appointment (Ward 1)) 2.a Packet Pg. 17 Attachment: Attachment 1 - MCC.Commission Application - Reuben J. Arceo (7168 : General Plan Advisory Committee Appointment (Ward 1)) 2.a Packet Pg. 18 Attachment: Attachment 1 - MCC.Commission Application - Reuben J. Arceo (7168 : General Plan Advisory Committee Appointment (Ward 1)) Page 1 Appointment City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Kimberly Calvin, Council Member, Ward 6 Subject: General Plan Advisory Committee Appointment (Ward 6 ) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Daniel E. Peeden to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. C ouncil Staff has verified that appointee is a registered voter within the City. Background The General Plan Advisory Committee was established by Resolution No. 2021 -02 on January 20, 2021. Discussion The General Plan Advisory Committee (GPAC) is an ad visory committee established by the Mayor and City Council to assist with the update the City's comprehensive General Plan. The General Plan Advisory Committee serves as an important component of the public participation program providing one of the primar y communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. Meetings of the GPAC will be open and public in accordance with the Brown Act. The General Plan Advisory Committee is comprised of seventeen (17) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021 -02, the Mayor shall appoint three (3) members and each City Council member shall nominate two (2) members. In accordance with the City Charter an d the City's Municipal Code, appointees must be residents of the City of San Bernardino. Appointees should be able to clearly articulate the community perspective and/or the area of the City in which they live. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns 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 City. 3 Packet Pg. 19 7169 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Daniel E. Peeden to the General Plan Advisory Committee representing Ward 6 with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. Daniel E. Peeden Ward: 6 Synopsis of Previous Council Action: January 20, 2021 - Resolution No. 2021-02 establishing the General Plan Advisory Committee was adopted. 3 Packet Pg. 20 3.a Packet Pg. 21 Attachment: Attachment 1 - MCC.Commission application - Daniel E. Peeden (7169 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 22 Attachment: Attachment 1 - MCC.Commission application - Daniel E. Peeden (7169 : General Plan Advisory Committee Appointment (Ward 6)) 3.a Packet Pg. 23 Attachment: Attachment 1 - MCC.Commission application - Daniel E. Peeden (7169 : General Plan Advisory Committee Appointment (Ward 6)) Page 1 Appointment City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Kimberly Calvin, Council Member, Ward 6 Subject: Arts and Historical Preservation Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Lucy J. Sunga to the Arts and Historical Preservation Commission representing Ward 6 with the term en ding December 2024. Ms. Sunga will replace Rick Moss with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The Arts and Historical Preservation Commission was established by Resolu tion No. 2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi-media arts, cultural and architectural heritage or other areas which relate to the mission and purpose of the commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Goal Number 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 City. 4 Packet Pg. 24 7171 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Lucy J. Sunga to the Arts and Historical Preservation Commission representing Ward 6 with the term endi ng December 2024. Ms. Sunga will replace Rick Moss with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Ms. Lucy J. Sunga Ward: 6 4 Packet Pg. 25 4.a Packet Pg. 26 Attachment: Attachment 1 - MCC.Commission Application - Lucy J. Sunga (7171 : Arts and Historical Preservation Commission Appointment 4.a Packet Pg. 27 Attachment: Attachment 1 - MCC.Commission Application - Lucy J. Sunga (7171 : Arts and Historical Preservation Commission Appointment 4.a Packet Pg. 28 Attachment: Attachment 1 - MCC.Commission Application - Lucy J. Sunga (7171 : Arts and Historical Preservation Commission Appointment 4.a Packet Pg. 29 Attachment: Attachment 1 - MCC.Commission Application - Lucy J. Sunga (7171 : Arts and Historical Preservation Commission Appointment 4.a Packet Pg. 30 Attachment: Attachment 1 - MCC.Commission Application - Lucy J. Sunga (7171 : Arts and Historical Preservation Commission Appointment Page 1 Appointment City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Kimberly Calvin, Council Member, Ward 6 Subject: Elected Official Compensation Advisory Board (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Michael J. Guillory to the Elected Official Compensation Advisory Board representing Ward 6 with the term ending December 2024. Mr. Guillory will replace Charlene M. Dixon with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background Section 305 of the City Charter provides that the Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. Thereafter, the Mayor and City Council adopted San Bernardino Municipal Code Chapter 2.19 which establishes the Elected Official Compensation Advisory Commission and provides that the Commission shall consist of nine members who shall serve at the pleasure of the Mayor and City Council. Pursuant to the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Goal Number 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 City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, 5 Packet Pg. 31 7172 Page 2 California, approve the appointment of Mr. Michael J. Guillory to the Elected Official Compensation Advisory Board representing Ward 6 with the term ending December 2024. Mr. Guillory will replace Charlene M. Dixon with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Mr. Michael J. Guillory Ward: 6 5 Packet Pg. 32 5.a Packet Pg. 33 Attachment: Attachment 1 - MCC.Commission Application - Michael J. Guillory (7172 : Elected Official Compensation Advisory Board (Ward 6)) 5.a Packet Pg. 34 Attachment: Attachment 1 - MCC.Commission Application - Michael J. Guillory (7172 : Elected Official Compensation Advisory Board (Ward 6)) 5.a Packet Pg. 35 Attachment: Attachment 1 - MCC.Commission Application - Michael J. Guillory (7172 : Elected Official Compensation Advisory Board (Ward 6)) Page 1 Appointment City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Kimberly Calvin, Council Member, Ward 6 Subject: Planning Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Dolores Armstead to the Planning Commission representing Ward 6. Ms. Armstead will replace Anthony Jones with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The Planning Commission was established under Municipal Code Chapter 2.22, Ordinance No. MC-1473, and is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Mu nicipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Goal Number 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 City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Dolores Armstead to the Planning Commission representing Ward 6. Ms. Armstead will replace Anthony Jones with th e term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. 6 Packet Pg. 36 7173 Page 2 Attachments Attachment 1 Commission Application - Ms. Dolores Armstead Ward: 6 6 Packet Pg. 37 6.a Packet Pg. 38 Attachment: Attachment 1 - MCC.Commission Application - Dolores Armstead (7173 : Planning Commission Appointment (Ward 6)) 6.a Packet Pg. 39 Attachment: Attachment 1 - MCC.Commission Application - Dolores Armstead (7173 : Planning Commission Appointment (Ward 6)) 6.a Packet Pg. 40 Attachment: Attachment 1 - MCC.Commission Application - Dolores Armstead (7173 : Planning Commission Appointment (Ward 6)) Page 1 Appointment City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Kimberly Calvin, Council Member, Ward 6 Subject: Public Safety and Human Relations Commission Appointment (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Treasure Ortiz to the Public Safety and Human Relations Commission representing Ward 6. Ms. Ortiz will replace Walter A. Jarman with the term ending December 2024. Council Staff has verified that appointee is a registered voter within the City. Background The Public Safety and Human Relations Commission was established by Resolution No. 2018-46, on February 21, 2018 and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traff ic engineering). The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the te rm of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Goal Number 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 City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Treasure Ortiz to the Public Safety and Human Relations Commission representing Ward 6. Ms. Ortiz will replace Walter A. Jarman with the term ending December 2024. Council Staff has verified that appointee 7 Packet Pg. 41 7174 Page 2 is a registered voter within the City. Attachments Attachment 1 Commission Application - Ms. Treasure Ortiz Ward: 6 7 Packet Pg. 42 7.a Packet Pg. 43 Attachment: Attachment 1 - MCC.Commission Application - Treasure Ortiz (7174 : Public Safety and Human Relations Commission 7.a Packet Pg. 44 Attachment: Attachment 1 - MCC.Commission Application - Treasure Ortiz (7174 : Public Safety and Human Relations Commission 7.a Packet Pg. 45 Attachment: Attachment 1 - MCC.Commission Application - Treasure Ortiz (7174 : Public Safety and Human Relations Commission Page 1 Presentation City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: Proclamation for Red Cross Month 8 Packet Pg. 46 8.aPacket Pg. 47Attachment: Attachment 1 - 03-17-2021 MCC - MARCH 2021 AMERICAN RED CROSS MONTH (7191 : Page 1 Staff Report City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Rebekah Kramer, Assistant City Manager Subject: Ad Hoc and Standing City Council Sub-Committee Review (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report and provide staff direction regarding the establishment, purpose and scope of City Council sub-committees. Background Article III, Section 303 (d) of the City Charter assigns responsibility to the Mayor for the appointment of members and officers of City Council Committees while Article VI, Section 601 states that except as provided elsewhere in the Charter the rule s and regulations pertaining to the conduct of committee business is to be set by the Mayor and entire Council. This is reinforced in Chapter 2.76 of the City’s Municipal Code which stipulates that the scope and function of any Council sub -committee is to be established by the Mayor and City Council. City Council committees are made up wholly of less than a majority of the City Council members and can be standing or temporary in nature. As stipulated in Chapter 2.76 of the City’s Municipal Code, council sub-committees can study, research and make recommendations to the Mayor and City Council concerning any matter referred to the committee by the Mayor and City Council. It is important to note that any policy decisions or direction to staff must be provided by the City Council as a whole at a regular or special Council meeting. At present, the City Council has three standing and one ad hoc (temporary) committee including the following: Legislative Review Committee (standing) Hometown Military Banner Committee (standing) Community Development Block Grant (CDBG) Committee (standing) Ad Hoc Financing District Advisory Committee (temporary - expires September 30, 2021) Standing Committees are more permanent in nature and address on -going areas of interest to the City Council and are subject to the Brown Act. Ad Hoc Committees are 9 Packet Pg. 48 7158 Page 2 temporary in nature and focus on a specific topic. Ad Hoc Committees typically last less than a year and are disbanded upon completion of the committee’s work. On occasion the Mayor and members of the City Council may meet informally in small working groups or committees made up of less than a majority of the legislative body to learn more about an issue or topic. However staff time and City resources are not dedicated to committee meetings that have not been formally established by the Mayor and City Council. When the Mayor or members of the City Council meet informally in this manner, they must be careful to avoid discussing the same topic with other Council members in order to avoid inadvertently conducting a serial meeting in violation of the Brown Act. In 2018 (Resolution No. 2018-017) the City Council took action to dissolve all of the Council sub-committees with the exception of the CDBG and Hometown Military Ba nner Committees. The Legislative Review Committee (LRC) was re-established in June 2019 with the adoption of Resolution No. 2019 -153. Additionally, an Ad Hoc Finance District Committee was established on February 17, 2021 with the adoption of Resolution No. 2021-26. This committee is temporary in nature and will be dissolved following the Committee’s report to the Mayor and City Council which is set to take place by September 30, 2021. Discussion Given the resources required to support a council sub-committee including, but not limited to a significant amount of staff time, it is important that the City Council carefully consider what council committees are needed based upon the benefit they will provide in helping the Mayor and City Council as a whole make policy decisions. It is estimated that a single committee meeting takes 10 or more hours of staff time to support including the preparation of the agenda packet, meeting facilitation , and preparation of meeting minutes. This time allocation increases considerably for items that require a significant amount of analysis and involve staff in multiple departments/divisions. Council committees are best used when there is an interest or need in having an in - depth review of an issue or topic. As an alternative, consideration can be given to holding special meetings/workshops with the Mayor and entire membership of the City Council in place of referring items to a council sub-committee for review and recommendation. While the City Council reaffirmed their interest in continuing the Hometown Military Banner and the CDBG City Council Sub -Committees in 2018, the scope and function of these two long standing committees has not been clearly defined. In order to ensure that the roles and responsibilities are clear there is a need establish guidelines outlining the purpose and composition of these committees by Resolution. The adopted Resolution will formally establish that these are City Council sub -committees as defined under Chapter 2.76 of the Municipal Code and are not informal committees able to include members outside of the City Council. Alternately the Mayor and City Council may want to consider dissolving one or both of these committees. CDBG Committee 9 Packet Pg. 49 7158 Page 3 The Community Development Block Grant (CDBG) program provides annual grants from the U.S. Department of Housing and Urban Development (HUD) on a formula basis to states, cities, and counties. This funding is designated to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons. The City generally receives between $3.1 and $3.4 million in CDBG funding annually. The City’s plan for allocating these funds is presented as part of the annual action plan that must be approved by the City Council after holding two public hearings held at a Council meeting. The presentation of the CBDG action plan to the CDBG Committee is an added study session outlining City staff’s recommended use of the funds allocated to the City. It is important to note that CDBG funding comprises only a portion of the City’s HUD funding which also includes the Emergency Solutions Grant (ESG) and the HOME investment Partnership Program (HOME). Given that the adoption of the City’s action plan is an annual process that requires the review and approval of the City Council as whole following two public hearings, the City Council may want to consider dissolving this committee and bring the action plan directly to the City Council rather than starting this review with a City Council sub - committee meeting. This would ensure that the entire Council is reviewing the proposed spending plan at the same time while also reducing the use of staff time and continuing to provide for public participation in the review of the allocation of the City’s CDBG funding. Hometown Military Banner Committee The Hometown Military Banner Committee was established by minute motion in August 2011 to review and provide a recommendati on to the Mayor and City Council regarding the establishment of a military banner program. The Committee now serves to review the military banner program participation requirements, funding needs and make recommendations the Mayor and City Council regarding support and presentation of military banners as applications are received. At present, this program is supported by application fees and donations and no general fund resources have been dedicated to support the program. In order to support this program moving forward the Mayor and City Council may want to consider directing staff to prepare a program plan including staffing costs to address the current and future needs of the program and options that can be considered. If, after review and consideration, the Mayor and City Council want to retain the CDBG and Hometown Military Banner Committees staff will prepare Resolutions clearly defining the role and function of each of these committees for adoption by the Mayor and City Council at a future Council meeting. 2020-2025 Key Strategic Targets and Goals The review and consideration of the need for and purpose of each of the City Council sub-committees aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. 9 Packet Pg. 50 7158 Page 4 Fiscal Impact Beyond the allocation of staff time, there is no fiscal impact associated with the evaluation of the purpose and scope of Council sub-committees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive a report and provide staff direction regarding the establishment, purpose and scope of City Council sub-committees. Attachments Attachment 1 City Charter Attachment 2 San Bernardino Municipal Code Chapter 2.76 Attachment 3 Resolution No. 2019-153 establishing the Legislative Review Committee Attachment 4 Resolution No. 2021-26 establishing the Ad Hoc Financing District Advisory Committee Attachment 5 Resolution No. 2018-17 dissolving all of the City Council Sub-Committees with the exception of the CDBG and Hometown Military Banner Sub-Committees Ward: All Synopsis of previous Council Actions: January 17, 2018 The Mayor and City Council adopted Resolution No. 2018-17 dissolving all of the City Council Sub-Committees with the Exception of the CDBG and the Hometown Military Banner Sub - Committees July 11, 2019 The Mayor and City Council adopted Resolution 2019-153 establishing the Legislative Review Council-Sub Committee February 17, 2021 The Mayor and City Council adopted Resolution No. 2021-26 establishing the Ad Hoc Financing District Advisory Committee 9 Packet Pg. 51 City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 9.a Packet Pg. 52 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries ....................................................................................... 1 Section 101. Powers of the City ............................................................................................. 1 Section 102. Interpretation of Powers .................................................................................... 1 Section 103. Rights and Succession ...................................................................................... 1 Section 104. Intergovernmental Relations .............................................................................. 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government ......................................................................................... 2 ARTICLE III: CITY COUNCIL AND MAYOR 2 Section 300. General Powers and Duties ............................................................................... 2 Section 301. Composition, Eligibility, and Terms .................................................................... 2 Section 302. Powers and Duties of the Council ...................................................................... 3 Section 303. Powers and Duties of the Mayor ........................................................................ 3 Section 304. Manners of Action ............................................................................................. 4 Section 305. Compensation; Expenses .................................................................................. 4 Section 306. Prohibitions ....................................................................................................... 4 Section 307. Vacancies; Filling of Vacancies ......................................................................... 5 Section 308. Judge of Qualifications ...................................................................................... 5 Section 309. Council Organization, Meetings and Rules of Order ........................................... 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5 Section 401. Powers and Duties ............................................................................................ 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions ............................................................................................ 7 Section 502. Direction by City Manager ................................................................................. 7 Section 503. Continuation of Departments ............................................................................. 7 9.a Packet Pg. 53 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 2 Section 504. City Attorney ...................................................................................................... 7 Section 505. City Clerk .......................................................................................................... 7 Section 506. Departmental Administrators; Appointive Powers .............................................. 8 Section 507. Services ............................................................................................................ 8 Section 508. Personnel System ............................................................................................. 8 Section 509. Official Bonds. ................................................................................................... 8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions ............................................................................................ 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules .......................... 9 Section 602. Library ............................................................................................................... 9 Section 603. Water and Wastewater ...................................................................................... 9 Section 604. Personnel Commission .....................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year .......................................................................................................10 Section 701. Submission of Budget and Budget Message .....................................................10 Section 702. Budget and Capital Improvement Program .......................................................10 Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11 Section 704. Independent Audit ............................................................................................11 Article VIII: ELECTIONS 11 Section 800. City Elections ...................................................................................................11 Section 801. Elective Officers; Terms....................................................................................11 Section 802. Number of Wards .............................................................................................12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall .........................................................12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments .....................................................................................12 Section 1001. Periodic Review of Charter .............................................................................12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability .....................................................................................................12 9.a Packet Pg. 54 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 9.a Packet Pg. 55 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 9.a Packet Pg. 56 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 3 Section 302. Powers and Duties of the Council The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member. Section 303. Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and 9.a Packet Pg. 57 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 4 (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely 9.a Packet Pg. 58 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 5 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 9.a Packet Pg. 59 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 6 establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 9.a Packet Pg. 60 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 7 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 9.a Packet Pg. 61 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 8 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 9.a Packet Pg. 62 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page 9 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 9.a Packet Pg. 63 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan 9.a Packet Pg. 64 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Section 800. City Elections Article VIII: ELECTIONS Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward 9.a Packet Pg. 65 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) San Bernardino Charter Page by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Section 1100. Severability ARTICLE XI: SEVERABILITY If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. 9.a Packet Pg. 66 Attachment: Attachment 1 - CHARTER_Adopted 11-8-2016_ML2 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) 9.b Packet Pg. 67 Attachment: Attachment 2 - SBMC Chapter 2.76 Council Committees (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All 9.b Packet Pg. 68 Attachment: Attachment 2 - SBMC Chapter 2.76 Council Committees (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All 9.c Packet Pg. 69 Attachment: Attachment 3 - 2019-153 LRC (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) 9.c Packet Pg. 70 Attachment: Attachment 3 - 2019-153 LRC (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) 9.c Packet Pg. 71 Attachment: Attachment 3 - 2019-153 LRC (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) 9.d Packet Pg. 72 Attachment: Attachment 4 - 2021-26 Ad Hoc Financing District Advisory Committee (7158 : Ad Hoc and Standing City Council Sub-Committee 9.d Packet Pg. 73 Attachment: Attachment 4 - 2021-26 Ad Hoc Financing District Advisory Committee (7158 : Ad Hoc and Standing City Council Sub-Committee 9.d Packet Pg. 74 Attachment: Attachment 4 - 2021-26 Ad Hoc Financing District Advisory Committee (7158 : Ad Hoc and Standing City Council Sub-Committee 1 2 3 4 5 6 7 I' I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-17 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DISSOLVING ALL CITY COUNCIL SUB -COMMITTEES WITH THE EXCEPTION OF THE CDBG SUB -COMMITTEE AND THE HOMETOWN MILITARY BANNER SUB -COMMITTEE WHEREAS, the People of the City of San Bernardino adopted a new Charter at the November 8, 2016 municipal election; and WHEREAS, the new Charter was filed with the California Secretary of State on January 31, 2017 and became effective on that date; and WHEREAS, existing provisions of the City's Municipal Code are inconsistent with the new Charter and require revision; and WHEREAS, at the November 3, 2017 Strategic Planning Meeting, the Mayor and City Council discussed the dissolution of Council Sub -Committees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The following Council Sub -Committees are hereby dissolved: Education Bridge Committee; Grants Committee; Legal Committee; Legislative Review Committee; Personnel Committee; Quality of Life Committee; Real Estate Committee; and Ways and Means Committee. SECTION 2. Any resolutions that established the aforementioned Council Committees are hereby repealed. 9.e Packet Pg. 75 Attachment: Attachment 5 - 2018-017 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2s RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DISSOLVING ALL CITY COUNCIL SUB -COMMITTEES WITH THE EXCEPTION OF THE CDBG SUB -COMMITTEE AND THE HOMETOWN MILITARY BANNER SUB -COMMITTEE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 17th day of January 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ X G% BARRIOS x VALDIVIA SHORETT XNICKEL RICHARD C MULVIHILL Georgeann anna, CMC, Ci& Clerk The foregoing Resolution is hereby approved this 17t' day of January 2018. I1 R. Carey Davis, ayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney B Ljns_Uy. z 2 9.e Packet Pg. 76 Attachment: Attachment 5 - 2018-017 (7158 : Ad Hoc and Standing City Council Sub-Committee Review (All Wards)) Page 1 Staff Report City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All Wards) Recommendation Adopt Resolution No. 2021-56 of the Mayor and City Council of the City of San Bernardino, California, acting in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino , authorizing the issuance of its refunding bonds; approving a form of indenture, a form of bond purchase agreement, a form of irrevocable refunding instructions, and a form of continuing disclosure agreement; making certain determinations relating thereto; and authorizing certain other action in connection therewith. Background On December 1, 2010, the Mayor and City Council, acting in their capacity as the Community Development Commission (the governing body of the City’s former Redevelopment Agency), authorized the issuance of both taxable Tax Allocation Bonds (“TABs”) through the Federal American Recovery and Reinvestment Act of 2009 and tax-exempt TABs. The purpose of the bonds, per the resolution approving the issuance, was to finance “the 4th Street Corridor Project and for the Northwest Redevelopment Project Area Infrastructure Projects.” Although authority was granted to issue up to $7,068,000 in taxable TABs and $6,000,000 in tax-exempt TABs, ultimately $7,065,000 in taxable TABs (2010 A Series) and $3,220,000 in tax-exempt TABs (2010 B Series) were issued. After deducting costs related to issuance and amounts legally required to be set aside for the reserve fund, proceeds available for projects from the 2010A TABs were $6,045,429 and proceeds available for projects from the 2010B Series TABs were $2,701,558. Dissolution of Redevelopment Agencies By action of the California State Legislature (and after a number of court challenges) Redevelopment Agencies were officially dissolved as of February 1, 2012 (the “Dissolution Act”). In 2015, additional state legislation was approved requiring, among other conditions, that proceeds from bonds issued on or before December 31, 2010, could be utilized as planned; however, for bonds issued on or after January 1, 2011, only a percentage of the proceeds could be retained and utilized as planned. The 10 Packet Pg. 77 7166 Page 2 2010A Series Bonds were issued in December 2010; therefore all of the proceeds designated for projects ($6,045,429) were available to the City as planned. However, the 2010B Series Bonds (referred to as the Series 2011 Authority Bonds in the Resolution) were not issued until February 2011. Additionally, subsequent 2015 legislation was adopted limiting the use of the 2010B Bond proceeds. The Dissolution Act allows 40% ($1,080,623) of the 2010B Bonds to be used by the Successor Agency for projects. Further complicating matters is the Dissolution Act restriction that, until the full and final Recognized Obligation Payment Schedule (ROPS) is completed, only $135,078 of the $1,080,623 is immediately available. In order for the City to use the bond proceeds deemed allowable, on March 21, 2016, the Mayor and City Council authorized a bond expenditure agreement between the Ci ty of San Bernardino and the Successor Agency to the former Redevelopment Agency to utilize the bond proceeds for their intended purposes and the DOF approved the agreement in May 2016. The outstanding 2010A TABs bear interest at 9.3% per annum (5.3% net of the Federal subsidy), while the outstanding 2010B TABs bear interest at 7% per annum. As of February 28, 2021, the principal amounts outstanding on the 2010A and 2010B TABs were $4,550,000 and $1,820,000, respectively. Discussion To take advantage of current favorable market conditions, City staff is proposing the issuance of taxable refunding bonds (the “2021 Bonds”) to repay the 2010A and to use the project funds no longer eligible to be spent (along with the 2010B bond reserve fund) to pay off the 2010B Bonds. Although a portion of the interest payments for the 2010A Bonds is subsidized under the Federal American Recovery and Reinvestment Act of 2009, the net savings as a result of the proposed 2021 refunding is, under current market conditions, advantageous to the Successor Agency. Additionally, the interest rate subsidy was reduced slightly in 2013 as part of the Federal Budget Sequestration at the time. While there is nothing to indicate that the current subsidy will change, the subsidy payments are not guaranteed. The debt service on the 2021 bonds will not be extended past the original maturity date of the 2010A and 2010B TABs, which is April 1, 2030. Based on the most recent estimates from the City’s municipal advisor (Columbia Capital Manageme nt), the refunding will generate a cash flow savings of approximately $3.8 million. Note that these savings are only an estimate at this time and will fluctuate up or down based on the final pricing of the bonds expected in June 2021. The savings generated from refunding the 2010A and 2010B Bonds would flow into the County’s Residual Property Tax Trust Fund (RPTTF) for distribution among various local agencies. Although the City would not directly benefit immediately from the savings, the City’s share of th e funds may ultimately flow back to the City via the re -opener clauses in the City’s annexation agreement with the County Fire Protection District. See below for a comparison of the total debt service payments (including both interest 10 Packet Pg. 78 7166 Page 3 and principal) under the existing 2010A and 2010B Bonds to the debt service payments under the proposed refunding and bond retirement program. Interest rates have been rising and final refunding rates will depend on market conditions at the time of sale. Payment Date Prior Debt Service Payments (Principal + Interest) Less: Federal Subsidy Net Prior Debt Service Refunding Debt Service Savings Cumulative Savings 10/1/2021 257,988$ (83,421)$ 174,566$ 14,851$ 159,716$ 159,716$ 4/1/2022 672,988 (83,421) 589,566 32,206 557,360 717,076 10/1/2022 239,806 (77,042) 162,764 487,206 (324,442) 392,634 4/1/2023 669,806 (77,042) 592,764 30,773 561,991 954,625 10/1/2023 220,763 (70,074) 150,689 485,773 (335,084) 619,541 4/1/2024 605,763 (70,074) 535,689 28,748 506,941 1,126,482 10/1/2024 202,956 (62,517) 140,439 488,748 (348,309) 778,173 4/1/2025 647,956 (62,517) 585,439 25,804 559,635 1,337,808 10/1/2025 182,656 (54,273) 128,383 490,804 (362,421) 975,387 4/1/2026 837,656 (54,273) 783,383 22,480 760,904 1,736,291 10/1/2026 154,556 (45,244) 109,313 492,480 (383,167) 1,353,124 4/1/2027 1,344,556 (45,244) 1,299,313 17,944 1,281,369 2,634,493 10/1/2027 107,281 (35,429) 71,852 502,944 (431,092) 2,203,401 4/1/2028 1,337,281 (35,429) 1,301,852 12,779 1,289,073 3,492,474 10/1/2028 58,044 (24,634) 33,410 507,779 (474,369) 3,018,105 4/1/2029 658,044 (24,634) 633,410 6,641 626,769 3,644,874 10/1/2029 30,294 (12,857) 17,437 511,641 (494,204) 3,150,671 4/1/2030 685,294 (12,857) 672,437 - 672,437 3,823,108 TOTAL 8,913,688$ (930,980)$ 7,982,708$ 4,159,600$ 3,823,108$ As the 2010A and 2010B TABs were issued by the former Redevelopment Agency, the proposed refunding would subsequently need to be approved by the San Bernardino Countywide Oversight Board as well as the California Department of Finance. All costs associated with issuing the 2021 Bonds (i.e., legal fees, underwriter costs, financial advisor fees, etc.) will be paid from the bond proceeds. In the unlikely event that the refunding is not approved by the Countywide Oversight Board or the Department of Finance, any issuance costs incurred to date could be placed on a future ROPS to reimburse the Successor Agency. There is no City obligation to pay the costs. The public disclosures required under SB 450, effective January 1, 2018, are incorporated herein. Specifically: 1. The true interest cost of the bonds, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the new issue of bonds is currently estimated to be 2.15%. 2. The finance charge of the bonds, which means the sum of all fees and charges paid to third parties is estimated to be $315,122. Bond insurance and Bond reserve fund surety premiums, which is lower interest cost in excess of fees charged, are estimated to be $42,382 if used. 3. The amount of proceeds received by the public body for sale of the bonds less the finance charge of the bonds described and any reserves or capitalized interest paid or funded with proceeds of the bonds is estimated to be $3,489,878. 4. The total payment amount (which mean the sum total of all payments the borrower will make to pay debt service on the bonds plus any finance charge of the bonds not paid with the proceeds of the bonds) calculated to the final maturity 10 Packet Pg. 79 7166 Page 4 of the bonds is estimated to be $4,159,600. This amount is $3,823,148 less than the current bond debt service. 2020-2025 Key Strategic Targets and Goals Refunding the 2010A and defeasing the 2010B Series TABs aligns with Key Target No . 1: Financial Stability by reducing the interest paid over the remaining term of the bonds. Fiscal Impact There is no fiscal impact to the General Fund as a result of this action. However, the savings expected to be realized by the Successor Agency Private -Purpose Trust Fund is approximately $3.8 million over the remaining term of the bonds. All costs associated with the bond issuance will be covered by the bond proceeds. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino adopt Resolution No. 2021-56, authorizing the issuance of its refunding bonds; approving a form of indenture, a form of bond purchase agreement, a form of irrevocable refunding instructions, and a form of continuing disclosure agreement; making certain determinations relating thereto; and authorizing certain other action in connection therewith. Attachments Attachment 1 Resolution 2021-56 Attachment 2 Indenture of Trust Attachment 3 Bond Purchase Agreement Attachment 4 Irrevocable Refunding Instructions - 2010A Bonds Attachment 5 Irrevocable Refunding Instructions - 2010B Bonds Attachment 6 Continuing Disclosure Certificate Attachment 7 Municipal Advisor’s Report Ward: All Synopsis of Previous Council Actions: N/A 10 Packet Pg. 80 Resolution No. 2021-56 1 RESOLUTION NO. 2021-56 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AUTHORIZING THE ISSUANCE OF ITS REFUNDING BONDS; APPROVING A FORM OF INDENTURE, A FORM OF BOND PURCHASE AGREEMENT AND A FORM OF CONTINUING DISCLOSURE AGREEMENT; MAKING CERTAIN DETERMINATIONS RELATING THERETO; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION THEREWITH. WHEREAS, pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the HSC of the State of California and referred to herein as the “Law”), the Mayor and Common Council of the City of San Bernardino (the “City”) created the Redevelopment Agency of the City of San Bernardino (the “RDA”); and WHEREAS, the RDA was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law, and the powers of such agency included the power to issue bonds for any of its corporate purposes; and WHEREAS, in accordance with the Law, the City established the following redevelopment projects of the RDA: (i) the Central City North Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City on August 6, 1973 (the “Central City North Project Area”); (ii) the Central City West Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City on February 17, 1976 (the Central City West Project Area”); (iii) the Central City Merged Redevelopment Project Area, a merger of three previously formed project areas, approved by the Mayor and Common Council of the City in 1983 (the “Central City Merged Redevelopment Project Area”); (iv) the 40th Street Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City July 20, 2000 (the “40th Street Project Area”); (v) the Mount Vernon Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City June 25, 1990 (the “Mount Vernon Project Area”); (vi) the State College Project Area No. 4, approved by Ordinance enacted by the Mayor and Common Council of the City April 27, 1970 (the “State Street Project Area”); (vii) the Southeast Industrial Park Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City June 21, 1976 (the “Southeast Industrial Park Project Area”) ; (viii) the Northwest Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City July 6, 1982 (the ‘Northwest Project Area”); (ix) the South Valle Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City July 9, 1984 (the “South Valle Project Area”); (x) the Uptown Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City June 16, 1986 (the “Uptown Project Area”); and (xi) the Tri City Project Area, approved by Ordinance enacted by the Mayor and Common Council of the City June 20, 1983 (the “Tri City Project Area”); in each case together with any amendments duly authorized pursuant to the Law; and 10.a Packet Pg. 81 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 2 WHEREAS, these eleven project areas are collectively referred to as the “Project Areas”; and WHEREAS, the RDA has previously executed and delivered the Loan Agreement, dated as of December 1, 2010 (the “2010 Loan Agreement”), between the former RDA and the San Bernardino Joint Powers Financing Authority (the “Authority”), which secures the San Bernardino Joint Powers Financing Authority Subordinated Tax Allocation Bonds, Series 2010A (4th Street Corridor Project – Federally Taxable Recovery Zone Economic Development Bonds), originally issued in the amount of $7,065,000 of which $4,550,000 is currently outstanding (the “Series 2010A Authority Bonds”) which were secured by tax increment in the Northwest Project Area; and WHEREAS, California Assembly Bill No. 26 (First Extraordinary Session) (“ABX1 26”) adopted on June 28, 2011, dissolved all redevelopment agencies and community development agencies in existence in the State of California, as of February 1, 2012, and designated “successor agencies” and “oversight boards” to satisfy “enforceable obligations” of the former redevelopment agencies and administer dissolution and wind-down of the former redevelopment agencies; and WHEREAS, the City agreed to serve as the successor agency (referred to herein as the “Agency”) to the RDA commencing upon the dissolution of the RDA on February 1, 2012 pursuant to ABX1 26; and WHEREAS, on June 27, 2012 as part of the Fiscal Year 2012-13 State of California budget bill, the Governor signed into law Assembly Bill 1484 (“AB 1484” and together with ABX1 26, the “Dissolution Act”), which modified or added to some of the provisions of ABX1 26, including provisions related to the refunding of outstanding redevelopment agency bonds and the expenditure of remaining bond proceeds derived from redevelopment agency bonds issued on or before December 31, 2010; and WHEREAS, HSC § 34177.5(a)(1) authorizes successor agencies to refund outstanding bonds provided that (i) the total interest cost to maturity on the refunding bonds or other indebtedness plus the principal amount of the refunding bonds or other indebtedness shall not exceed the total remaining interest cost to maturity on the bonds or other indebtedness to be refunded plus the remaining principal of the bonds or other indebtedness to be refunded, and (ii) the principal amount of the refunding bonds or other indebtedness shall not exceed the amount required to defease the refunded bonds or other indebtedness, to establish customary debt service reserves, and to pay related costs of issuance; and WHEREAS, to the extent authorized by HSC § 34177.5(a), the Agency now desires to undertake the refunding of all or a portion of the 2010 Loan Agreement and the corresponding Series 2010A Authority Bonds; and WHEREAS, the Agency has solicited a report of an independent financial advisor entitled Bond Refunding Financing Plan (a copy of which is presented at this meeting) and employed such advisor in developing financing proposals for consideration by the Agency and it is understood that such report, as it may be further revised, may be made available to the 10.a Packet Pg. 82 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 3 Department of Finance at its request; and WHEREAS, the Agency has determined to issue its Successor Agency to the Redevelopment Agency of the City of San Bernardino, Tax Allocation Refunding Bonds, in one or more series and with such other name and series designation as shall be deemed appropriate (the “Refunding Bonds”), for the purpose of (i) refunding all or a portion of the 2010 Loan Agreement and the corresponding Series 2010A Authority Bonds, (ii) paying the costs of issuing the Refunding Bonds, (iii) funding a reserve account and/or providing for a reserve policy or surety for deposit to the reserve account for the Refunding Bonds and (iv) if advisable, paying for the cost of municipal bond insurance and/or a surety to fund the reserve account for the Refunding Bonds in lieu of funding all or a portion of such reserve account with bond proceeds; and WHEREAS, the Refunding Bonds will be issued, payable from amounts on deposit in first allocable to the Northwest Project Area and the Redevelopment Property Tax Trust Fund of the Agency (the “RPTTF”) and allocated to the Agency’s Redevelopment Obligation Retirement Fund, pursuant to an Indenture of Trust (the “Indenture”), by and between the Agency and U.S. Bank National Association, as trustee (the “Agency Trustee”); and WHEREAS, the RDA previously executed and delivered the Loan Agreement, dated as of January 1, 2011 (the “2011 Loan Agreement”), between the former RDA and the Authority, which secures the San Bernardino Joint Powers Financing Authority Tax Allocation Bonds, Series 2010B, originally issued in the amount of $3,220,000 of which $1,820,000 is currently outstanding (the “Series 2011 Authority Bonds”); WHEREAS, under Section 34191.4(c)(2)(C), remaining bond proceeds that cannot be spent pursuant to Section 34191.4(c)(2)(B) shall be used at the earliest date permissible under the applicable bond covenants to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation; WHEREAS, the Agency has unexpended proceeds of the 2010 Loan Agreement and the 2011 Loan Agreement, which the Agency has determined can be used consistent with the original bond covenants and the Dissolution Act, and has additional unexpended proceeds of the 2011 Loan Agreement and has determined that such proceeds cannot be spent in a manner consistent with the original bond covenants pursuant to 34191.4(c)(2)(B); WHEREAS, in accordance with Section 34191.4(c)(2)(C) the Agency desires to use a portion of the unexpended proceeds of the 2011 Loan Agreement (the “Unexpended Proceeds”) to defease the 2011 Loan Agreement and the corresponding Series 2011 Authority Bonds which remain outstanding, and if there are any remaining unexpended proceeds of the 2011 Loan Agreement after the defeasance of the 2011 Loan Agreement and eligible for redevelopment projects, that such remaining unexpended proceeds shall be used to pay expenses relating to the defeasance thereof, including the preparation of a final rebate calculation, and defease a portion of the 2010 Loan Agreement; WHEREAS, following approval of the Oversight Board of the issuance of the Refunding Bonds by the Agency and upon approval by the Department of Finance of such approval by the 10.a Packet Pg. 83 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 4 Oversight Board, the Agency will, with the assistance of bond counsel, disclosure counsel and its financial advisor, cause to be prepared a form of Official Statement describing the Refunding Bonds and containing material information relating to the Refunding Bonds, the preliminary form of which will be submitted to the Agency for approval for distribution by the underwriter to be selected by the Agency (the “Underwriter”) to persons and institutions interested in purchasing the Refunding Bonds; and WHEREAS, there has been presented at this meeting a form of Indenture, forms of irrevocable refunding instructions, a form of Continuing Disclosure Agreement and a form of Bond Purchase Agreement, each to be executed in connection with the issuance of the Refunding Bonds; and WHEREAS, pursuant to Health and Safety Code Section 34179(q), commencing on and after July 1, 2018, the County of San Bernardino Countywide Oversight Board (the “Oversight Board”) was established and has jurisdiction over all of the Successor Agencies existing and operating in San Bernardino County, including the Agency; WHEREAS, pursuant to Section 34177.5(f) and Section 34180(b), the issuance of the Refunding Bonds by the Agency is subject to the approval of the Oversight Board; WHEREAS, , the Agency requests that the Oversight Board approve the issuance of the Refunding Bonds to refund all or a portion of the 2010 Loan Agreement and corresponding Series 2010A Authority Bonds as selected by the Agency pursuant to this Resolution and the Indenture; WHEREAS, the Agency further requests that the Oversight Board make certain determinations described below on which the Agency will rely in undertaking the refunding proceedings and the issuance of the Refunding Bonds; WHEREAS, following approval by the Oversight Board of the issuance of the Refunding Bonds by the Agency to be effective upon approval by the California Department of Finance of such approval by the Oversight Board, the Agency, with the assistance of its Municipal Advisor, will cause to be prepared a form of Official Statement describing the Refunding Bonds and containing material information relating to the Refunding Bonds, the preliminary form of which will be submitted to the Agency for approval for distribution by the Underwriter of the Refunding Bonds to persons and institutions interested in purchasing the Refunding Bonds; and WHEREAS, Section 5852.1 of the California Government Code, which became effective on January 1, 2018, enacted pursuant to Senate Bill 450 (Chapter 625 of the 2017 -2018 Session of the California Legislature), requires that the Agency obtain from an underwriter, municipal advisor or private lender and disclose, in a meeting open to the public, prior to authorization of the issuance of the Refunding Bonds, good faith estimates of (a) the true interest cost of the Refunding Bonds, (b) the sum of all fees and charges paid to third parties with respect to the Refunding Bonds, (c) the amount of proceeds of the Refunding Bonds expected to be received net of the fees and charges paid to third parties and any reserves or capitalized interest paid or funded with proceeds of the Refunding Bonds, and (d) the sum total of all debt service 10.a Packet Pg. 84 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 5 payments on the Refunding Bonds calculated to the final maturity of the Refunding Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Refunding Bonds; and WHEREAS, in compliance with Section 5852.1 of the California Government Code , the Agency has prepared, with the assistance of the Municipal Advisor, based on information provided by the Original Purchaser, the required good faith estimates and such estimates are included in the agenda report submitted by staff to the Agency in connection with the proposed adoption of this Resolution; WHEREAS, this Resolution has been reviewed with respect to applicability of the California Environmental Quality Act (the “CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, §§ 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines; WHEREAS, this Resolution is not a “project” for purposes of CEQA, as that term is defined by Guidelines § 15378, because this Resolution is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment, per § 15378(b)(5) of the Guidelines; and WHEREAS, all of the prerequisites with respect to the approval of this Resolution have been met. NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Redevelopment Agency of the City of San Bernardino, as follows: Section 1. Approval of Application of Unexpended Proceeds. The Agency approves the use for redevelopment projects of Unexpended Proceeds of the 2010 Loan Agreement in a manner consistent with the covenants thereof and the allowed portion of the Unexpended Proceeds of the 2011 Loan Agreement pursuant to the provisions of Section 34191.4(c)(2)(B)(ii). The Agency hereby authorizes and approves the use of all of the Unexpended Proceeds relating to the 2011 Loan Agreement to defease a portion of the 2011 Loan Agreement and corresponding Series 2011 Authority Bonds and a portion of the 2010 Loan Agreement and corresponding Series 2010A Authority Bonds as authorized and in accordance with Section 34191.4(c)(2)(C). Section 2. Determination of Savings. The Agency has determined that there are significant potential savings available to the Agency and to applicable taxing entities in compliance with the Savings Parameters by the issuance by the Agency of the Refunding Bonds to provide funds to refund and defease all or a portion of the 2010 Loan Agreement and corresponding Series 2010A Authority Bonds , all as evidenced by the Debt Service Savings Analysis on file with the Agency, which Debt Service Savings Analysis is hereby approved. Section 3. Approval of Issuance of Refunding Bonds. The issuance of the Refunding Bonds, in order to refinance redevelopment activity of the Northwest Project Area, which is permitted by HSC § 34177.5, is hereby authorized and approved. The Refunding Bonds may be issued as a single issue, or from time to time, in separate series, each of which may be issued on a taxable or tax-exempt basis, as the Agency shall determine is necessary to comply with Federal tax laws. The Refunding Bonds are authorized to be executed by the manual or 10.a Packet Pg. 85 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 6 facsimile signature of the Mayor of the City, acting for the Agency in the capacity of Agency Chairperson, and attested by the manual or facsimile signature of the City Clerk, acting for the Agency in the capacity of Agency Secretary. The Refunding Bonds, when so executed, are authorized to be delivered to the Agency Trustee for authentication. Section 4. Approval of Indenture. The form of Indenture, between the Agency and the Agency Trustee (the “Indenture”), presented at this meeting is hereby approved and the Agency Chairperson, the Agency Executive Director, and the Deputy City Manager (each an “Authorized Officer,” acting for the Agency) are each acting alone authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver the Indenture in substantially the form presented at this meeting with such changes therein as the Authorized Officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. The date, maturity date or dates, interest rate or rates, interest payment dates, terms of redemption and other terms of the Refunding Bonds shall be as provided in the Indenture as finally executed. Section 5. Approval of Irrevocable Escrow Instructions. The forms of the Irrevocable Escrow Instructions presented at this meeting is hereby approved and the Authorized Officers are, each acting alone hereby authorized and directed, for and in the name and on behalf of the Agency, to execute and deliver the Irrevocable Escrow Instructions at the earliest date for which redemption can be made with respect to the 2011 Loan Agreement and corresponding Series 2011 Authority Bonds, and upon the issuance of the Refunding Bonds with respect to the 2010 Loan Agreement and corresponding Series 2010A Authority Bonds. Section 6. Approval of Continuing Disclosure Agreement. The form of Continuing Disclosure Agreement, between the Agency and the Agency Trustee (the “Continuing Disclosure Agreement”), presented at this meeting is hereby approved and any Authorized Officer, acting alone, is authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver one or more forms of the Continuing Disclosure Agreement in substantially the form presented at this meeting with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 7. Approval of Bond Purchase Agreement. The form of Bond Purchase Agreement, between the Agency and the Underwriter (the “Bond Purchase Agreement”), presented at this meeting is hereby approved and any Authorized Officer acting alone is authorized and directed, for and in the name of and on behalf of the Agency, to execute, acknowledge and deliver one or more forms of the Bond Purchase Agreement in substantially the form presented at this meeting with such changes therein as the officer executing the same may approve, such approval to be conclusively evidenced by the execution and delivery thereof; provided, however, that the true interest cost of the Refunding Bonds shall not exceed 5.00%, the Underwriter’s discount (exclusive of original issue discount) shall not exceed 1.00%, the maturity of the Refunding Bonds date shall not exceed the maximum permitted under the Law, and, (A) as required by HSC § 34177.5(a)(1), (i) the total interest cost to maturity on the Refunding Bonds plus the principal amount of the Refunding Bonds shall not exceed the total remaining interest cost to maturity on the bonds to be refunded plus the remaining principal of the bonds to be refunded, and (ii) the principal amount of the Refunding Bonds shall not exceed 10.a Packet Pg. 86 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 7 the amount required to defease and refund the refunded bonds, to establish customary debt service reserves, and to pay related costs of issuance. Section 8. Bond Insurance and Surety Bond. If an Authorized Officer determines that it will be advantageous to the Agency to purchase municipal bond insurance or a debt service reserve fund surety bond with respect to some or all of the Refunding Bonds, such officer is hereby authorized to: (a) purchase such insurance or surety bond on behalf of the Agency at market rates; and (b) make such changes to the agreements and documents relating to the Refunding Bonds as may be needed to obtain such insurance or surety bond. In connection with any such surety bond, each Authorized Officer is hereby severally authorized and directed to execute and deliver an agreement on behalf of the Agency, in such form as approved by such Authorized Officer, with the provider of such surety bond pursuant to which the Agency would agree to reimburse such provider for any draws under such surety bond and to pay such provider any other fees and expenses related thereto as such Authorized Officer shall approve, such approval (and the approval by the Authorized Officer of the form of such agreement) to be conclusively evidenced by the execution and delivery of such agreement. Section 9. Oversight Board Approval of the Issuance of the Bonds. The Agency hereby requests the Oversight Board as authorized by Section 34177.5(f) and Section 34180 to approve the issuance of the Refunding Bonds pursuant to Section 34177.5(a)(1) and this Resolution and the Indenture of Trust. Section 10. Determinations by the Oversight Board. The Agency requests that the Oversight Board make the following determinations upon which the Agency will rely in undertaking the refunding proceedings and the issuance of the Refunding Bonds: (a) The Agency is authorized, as provided in Section 34177.5(f), to recover its costs related to the issuance of the Refunding Bonds from the proceeds of the Refunding Bonds, including the cost of reimbursing the City for administrative staff time spent with respect to the authorization, issuance, sale and delivery of the Refunding Bonds; (b) The application of proceeds of the Refunding Bonds by the Agency to the refunding and defeasance of all or a portion of the Prior Bonds, as well as the payment by the Agency of costs of issuance of each series of the Refunding Bonds, as provided in Section 34177.5(a), shall be implemented by the Agency promptly upon sale and delivery of each series of the Refunding Bonds without the approval of the Oversight Board, the California Department of Finance, the San Bernardino County Auditor-Controller or any other person or entity other than the Agency; (c) The Agency shall be entitled to receive its full Administrative Cost Allowance under Section 34181(a)(3) without any deductions with respect to continuing costs related to the Refunding Bonds, such as trustee’s fees, auditing and fiscal consultant fees and continuing disclosure and rating agency costs (collectively, “Continuing Costs of Issuance”), and such Continuing Costs of Issuance shall be payable from property tax revenues pursuant to Section 34183. In addition and as provided by Section 34177.5(f), if the Agency is unable to complete the issuance of the Refunding Bonds for any reason, the Agency shall, nevertheless, be entitled to recover its costs incurred with respect to the 10.a Packet Pg. 87 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 8 refunding proceedings from such property tax revenues pursuant to Section 34183 without reduction in its Administrative Cost Allowance. Section 11. Filing of Debt Service Savings Analysis and Resolution. The Agency Clerk is hereby authorized and directed to file the Debt Service Savings Analysis, together with a certified copy of this Resolution, with the Oversight Board, and, as provided in Section 34180(j) with the San Bernardino County Administrative Officer, the San Bernardino County Auditor - Controller and the California Department of Finance. Section 12. Issuance of Refunding Bonds in Whole or in Part. It is the intent of the Agency to sell and deliver the Refunding Bonds in whole, provided that there is compliance with the Savings Parameters. However, the Agency will initially authorize the sale and delivery of the Refunding Bonds in whole or, if such Savings Parameters cannot be met with respect to the whole, then in part; provided that the Refunding Bonds so sold and delivered in part are in compliance with the Savings Parameters. The sale and delivery of the Refunding Bonds in part will in each instance provide sufficient funds only for the refunding of that portion of the Refunding Bonds that meet the Savings Parameters. In the event the Refunding Bonds are initially sold in part, the Agency intends to sell and deliver additional parts of the Refunding Bonds pursuant to an additional supplement to the Indenture without the prior approval of the Oversight Board provided that in each such instance the Refunding Bonds so sold and delivered in part are in compliance with the Savings Parameters. Section 13. Agreements with Consultants. The firm of Best Best & Krieger LLP is hereby designated as Bond Counsel and Disclosure Counsel, and the firm of Columbia Capital Management LLC is hereby designated as municipal advisor to the Agency. The City M anager is hereby authorized and directed to execute and deliver agreements with such firms for their services related to the Bonds, each such agreement to be in the respective form on file with the Secretary. Section 14. Other Acts. The officers and staff of the Agency are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents, including one or more refunding escrow agreements, which in consultation with Best Best & Krieger LLP, the Agency’s bond counsel, they may deem necessary or advisable in order to consummate the issuance, sale and delivery of the Refunding Bonds, or otherwise effectuate the purposes of this Resolution, and any and all such actions previously taken by such officers or staff members are hereby ratified and confirmed. Section 15. CEQA Findings. 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 16. Effective Date. This Resolution shall take effect upon: i) its adoption and execution in the manner as required by the City Charter; and ii) the approval of the subject 10.a Packet Pg. 88 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Resolution No. 2021-56 9 matter contained herein by the Oversight Board and California Department of Finance consistent with HSC 17 § 34179 (h). APPROVED and ADOPTED by the City Council, acting as the Successor Agency, and signed by the Mayor, acting as the Chair, this _____ day of ____________, 2021. ________________________________ Chairman Successor Agency to the Redevelopment Agency of the City of San Bernardino Attest: __________________________ Genoveva Rocha, CMC, City Clerk Approve as to Form: _________________________, Sonia Carvalho, City Attorney 10.a Packet Pg. 89 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 10 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. 2021-56, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 10.a Packet Pg. 90 Attachment: Attachment 1 - Resolution 2021-56 [Revision 1] (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33710084.2 INDENTURE OF TRUST by and between SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO and U.S. BANK NATIONAL ASSOCIATION as Trustee Dated as of __________, 2021 Relating to $__________ Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds including $__________ Series 2021A (Tax-Exempt) $__________ Series 2021B (Federally Taxable) 10.b Packet Pg. 91 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All TABLE OF CONTENTS Page 55600.00913\33710084.2 -i- ARTICLE I DEFINITIONS; EQUAL SECURITY3 SECTION 1.01 DEFINITIONS ................................................................................................. 3 SECTION 1.02 EQUAL SECURITY ..................................................................................... 15 ARTICLE II THE BONDS; CERTAIN PROVISIONS OF THE BONDS SECTION 2.01 GENERAL AUTHORIZATION; BONDS ................................................... 15 SECTION 2.02 TERMS OF SERIES 2021 BONDS .............................................................. 16 SECTION 2.03 FORM OF SERIES 2021 BONDS ................................................................ 17 SECTION 2.04 REDEMPTION OF SERIES 2021 BONDS .................................................. 17 SECTION 2.05 NOTICE OF REDEMPTION ........................................................................ 19 SECTION 2.06 SELECTION OF BONDS FOR REDEMPTION ......................................... 20 SECTION 2.07 PAYMENT OF REDEEMED BONDS ......................................................... 20 SECTION 2.08 PURCHASE IN LIEU OF REDEMPTION .................................................. 20 SECTION 2.09 EXECUTION OF BONDS ............................................................................ 20 SECTION 2.10 TRANSFER OF BONDS .............................................................................. 21 SECTION 2.11 EXCHANGE OF BONDS ............................................................................. 21 SECTION 2.12 EXCHANGE OF BONDS ............................................................................. 21 SECTION 2.13 USE OF DEPOSITORY ................................................................................ 22 SECTION 2.14 BOND REGISTRATION BOOKS................................................................ 23 SECTION 2.15 MUTILATED, DESTROYED, STOLEN OR LOST BONDS ..................... 23 SECTION 2.16 VALIDITY OF BONDS ................................................................................ 24 ARTICLE III APPLICATION OF PROCEEDS OF BONDS SECTION 3.01 APPLICATION OF PROCEEDS OF SALE OF SERIES 2021 BONDS - ALLOCATION AMONG FUNDS AND ACCOUNTS .............. 24 SECTION 3.02 PROJECT FUND ........................................................................................... 25 ARTICLE IV ISSUANCE OF ADDITIONAL BONDS SECTION 4.01 CONDITIONS FOR THE ISSUANCE OF ADDITIONAL BONDS .......... 25 SECTION 4.02 PROCEDURE FOR THE ISSUANCE OF ADDITIONAL BONDS ........... 27 ARTICLE V TAX REVENUES; CREATION OF FUNDS SECTION 5.01 PLEDGE OF TAX REVENUES; TAX INCREMENT FUND .................... 28 SECTION 5.02 RECEIPT AND DEPOSIT OF TAX REVENUES ....................................... 30 SECTION 5.03 ESTABLISHMENT AND MAINTENANCE OF ACCOUNTS FOR USE OF MONEYS IN THE TAX INCREMENT FUND............................. 31 SECTION 5.04 INVESTMENT OF MONEYS IN FUNDS AND ACCOUNTS .................. 33 SECTION 5.05 2021 RESERVE POLICY PAYMENT AND REIMBURSEMENT PROVISIONS ................................................................................................ 34 SECTION 5.06 COSTS OF ISSUANCE FUND..................................................................... 34 10.b Packet Pg. 92 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All TABLE OF CONTENTS (continued) Page 55600.00913\33710084.2 -ii- ARTICLE VI COVENANTS OF THE AGENCY SECTION 6.01 PUNCTUAL PAYMENT .............................................................................. 34 SECTION 6.02 AGAINST ENCUMBRANCES .................................................................... 34 SECTION 6.03 EXTENSION OR FUNDING OF CLAIMS FOR INTEREST ..................... 34 SECTION 6.04 PAYMENT OF CLAIMS .............................................................................. 35 SECTION 6.05 BOOKS AND ACCOUNTS; FINANCIAL STATEMENTS ....................... 35 SECTION 6.06 PROTECTION OF SECURITY AND RIGHTS OF OWNERS ................... 35 SECTION 6.07 PAYMENT OF TAXES AND OTHER CHARGES..................................... 35 SECTION 6.08 AMENDMENT OF REDEVELOPMENT PLAN ........................................ 35 SECTION 6.09 TAX REVENUES ......................................................................................... 36 SECTION 6.10 FURTHER ASSURANCES .......................................................................... 36 SECTION 6.11 TAX COVENANTS; REBATE FUND......................................................... 36 SECTION 6.12 COMPLIANCE WITH THE DISSOLUTION ACT ..................................... 37 SECTION 6.13 NEGATIVE PLEDGE ................................................................................... 38 SECTION 6.14 ADVERSE CHANGE IN STATE LAW ....................................................... 38 SECTION 6.15 CREDITS TO REDEVELOPMENT OBLIGATION RETIREMENT FUND ............................................................................................................. 38 SECTION 6.16 COMPLIANCE COSTS ................................................................................ 39 SECTION 6.17 CONTINUING DISCLOSURE ..................................................................... 39 ARTICLE VII THE TRUSTEE SECTION 7.01 APPOINTMENT AND ACCEPTANCE OF DUTIES ................................. 39 SECTION 7.02 DUTIES, IMMUNITIES AND LIABILITY OF TRUSTEE ........................ 39 SECTION 7.03 MERGER OR CONSOLIDATION ............................................................... 42 SECTION 7.04 COMPENSATION ........................................................................................ 42 SECTION 7.05 LIABILITY OF TRUSTEE ........................................................................... 42 SECTION 7.06 RIGHT TO RELY ON DOCUMENTS ......................................................... 43 SECTION 7.07 PRESERVATION AND INSPECTION OF DOCUMENTS........................ 43 SECTION 7.08 INDEMNITY FOR TRUSTEE...................................................................... 44 ARTICLE VIII EXECUTION OF INSTRUMENTS BY OWNERS AND PROOF OF OWNERSHIP OF THE BONDS SECTION 8.01 EXECUTION OF INSTRUMENTS; PROOF OF OWNERSHIP ................ 44 ARTICLE IX AMENDMENT OF THE INDENTURE SECTION 9.01 AMENDMENT BY CONSENT OF OWNERS............................................ 44 SECTION 9.02 DISQUALIFIED BONDS ............................................................................. 46 SECTION 9.03 ENDORSEMENT OR REPLACEMENT OF BONDS AFTER AMENDMENT.............................................................................................. 46 SECTION 9.04 AMENDMENT BY MUTUAL CONSENT ................................................. 46 SECTION 9.05 OPINION OF COUNSEL.............................................................................. 46 10.b Packet Pg. 93 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All TABLE OF CONTENTS (continued) Page 55600.00913\33710084.2 -iii- SECTION 9.06 NOTICE TO RATING AGENCIES .............................................................. 46 SECTION 9.07 TRANSCRIPT OF PROCEEDINGS TO BOND INSURER ........................ 46 ARTICLE X EVENTS OF DEFAULT AND REMEDIES OF OWNERS SECTION 10.01 EVENTS OF DEFAULT AND ACCELERATION OF MATURITIES ...... 46 SECTION 10.02 APPLICATION OF FUNDS UPON ACCELERATION.............................. 48 SECTION 10.03 TRUSTEE TO REPRESENT BONDOWNERS ........................................... 48 SECTION 10.04 BONDOWNERS’ DIRECTION OF PROCEEDINGS ................................. 49 SECTION 10.05 LIMITATION ON BONDOWNERS’ RIGHT TO SUE............................... 49 SECTION 10.06 NON-WAIVER.............................................................................................. 49 SECTION 10.07 REMEDIES NOT EXCLUSIVE ................................................................... 50 ARTICLE XI DEFEASANCE SECTION 11.01 DISCHARGE OF INDEBTEDNESS ............................................................ 50 SECTION 11.02 BONDS DEEMED TO HAVE BEEN PAID ................................................ 51 ARTICLE XII MISCELLANEOUS SECTION 12.01 LIABILITY OF AGENCY LIMITED TO TAX REVENUES ..................... 52 SECTION 12.02 PARTIES INTERESTED HEREIN .............................................................. 52 SECTION 12.03 UNCLAIMED MONEYS .............................................................................. 52 SECTION 12.04 MONEYS HELD FOR PARTICULAR BONDS.......................................... 53 SECTION 12.05 SUCCESSOR IS DEEMED INCLUDED IN ALL REFERENCES TO PREDECESSOR ............................................................................................ 53 SECTION 12.06 EXECUTION OF DOCUMENTS BY OWNERS ........................................ 53 SECTION 12.07 WAIVER OF PERSONAL LIABILITY ....................................................... 54 SECTION 12.08 ACQUISITION OF BONDS BY AGENCY ................................................. 54 SECTION 12.09 DESTRUCTION OF CANCELLED BONDS .............................................. 54 SECTION 12.10 CONTENT OF CERTIFICATES AND REPORTS ...................................... 54 SECTION 12.11 FUNDS AND ACCOUNTS .......................................................................... 54 SECTION 12.12 ARTICLE AND SECTION HEADINGS AND REFERENCES .................. 55 SECTION 12.13 PARTIAL INVALIDITY .............................................................................. 55 SECTION 12.14 NOTICES ....................................................................................................... 55 SECTION 12.15 2021 BOND INSURANCE POLICY PAYMENT AND REIMBURSEMENT PROVISIONS ............................................................. 56 SECTION 12.16 BOND INSURER NOTICE PROVISIONS .................................................. 56 SECTION 12.17 BOND INSURER AS THIRD PARTY BENEFICIARY ............................. 56 SECTION 12.18 CALIFORNIA LAW ..................................................................................... 56 EXHIBIT A - FORM OF BOND................................................................................................ A-1 EXHIBIT B - DESCRIPTION OF PROJECT.............................................................................B-1 10.b Packet Pg. 94 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 1 INDENTURE OF TRUST THIS INDENTURE OF TRUST, dated as of April 1, 2021 (the “Indenture”), by and between the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the “Agency”), a public body, corporate and politic, duly organized and existing pursuant to the Law (as defined below) and U.S. BANK NATIONAL ASSOCIATION, a national banking association organized and existing under the laws of the United States and authorized to accept and execute trusts of the character herein set out with a corporate trust office located in Los Angeles, California, as trustee (the “Trustee”), WI T N E S S E T H : WHEREAS, pursuant to the Community Redevelopment Law (Part 1 of Division 24 of the California Health and Safety Code, as amended, and referred to herein as the “Law”), the Mayor and Common Council of the City of San Bernardino, California (the “City”) created the Redevelopment Agency of the City of San Bernardino (the “Former RDA”); and WHEREAS, the Former RDA was a redevelopment agency, a public body, corporate and politic duly created, established and authorized to transact business and exercise its powers, all under and pursuant to the Law, and the powers of such agency included the power to issue bonds for any of its corporate purposes; and WHEREAS, pursuant to California Health and Safety Code Section 34173(d), the Successor Agency to the Redevelopment Agency of the City of San Bernardino is the successor agency established following the dissolution of the Former RDA on February 1, 2012 pursuant to Assembly Bill Xl 26 (“AB 26”); and WHEREAS, as provided in California Health and Safety Code Section 34173(g), the Agency is a separate public entity from the City, which provides for its governance, and the two entities shall not merge; and WHEREAS, Assembly Bill No. 1484 (“AB 1484”), a follow on bill to AB 26, was enacted on June 27, 2012 and provides a mechanism to refund outstanding bonds or other indebtedness under certain circumstances; and WHEREAS, Senate Bill No. 107 (“AB 107”), a follow on bill to AB 26 and AB 1484, was enacted on September 22, 2015 and provides additional terms and amendments for operations of a successor agency; and WHEREAS, Section 34177.5(b) of the California Health and Safety Code authorizes a successor agency to issue refunding bonds pursuant to Article 11 (commencing with Section 53580) of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Refunding Law”); and WHEREAS, California Health and Safety Code Section 34177.5(a) authorizes successor agencies to refund outstanding bonds or other indebtedness provided that (i) the total interest cost to maturity on the refunding bonds or other indebtedness plus the principal amount of the refunding bonds or other indebtedness shall not exceed the total remaining interest cost to 10.b Packet Pg. 95 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 2 maturity on the bonds or other indebtedness to be refunded plus the remaining principal of the bonds or other indebtedness to be refunded, and (ii) the principal amount of the refunding bonds or other indebtedness shall not exceed the amount required to defease the refunded bonds or other indebtedness, to establish customary debt service reserves, and to pay related costs of issuance; and WHEREAS, California Health and Safety Code Section 34177.5(a)(2) authorizes successor agencies to refund outstanding bonds or other indebtedness to finance debt service spikes, including balloon maturities, on existing indebtedness, provided that (i) the existing indebtedness is not accelerated, except to the extent necessary to achieve substantially level debt service; and (ii) the principal amount of the bonds or other indebtedness shall not exceed the amount required to finance the debt service spikes, including establishing customary debt service reserves and paying related costs of issuance; and WHEREAS, the Agency has determined to refund and defease its outstanding Loan Agreement, dated as of December 1, 2010 (the “2010 Loan Agreement”), between the former RDA and the San Bernardino Joint Powers Financing Authority (the “Authority”), which secures the San Bernardino Joint Powers Financing Authority Subordinated Tax Allocation Bonds, Series 2010A (4th Street Corridor Project – Federally Taxable Recovery Zone Economic Development Bonds), originally issued in the amount of $7,065,000 of which $__________ is currently outstanding (the “Series 2010A Authority Bonds”); and (ii) Loan Agreement, dated as of January 1, 2011 (the “2011 Loan Agreement”), between the former RDA and the Authority, which secures the San Bernardino Joint Powers Financing Authority Tax Allocation Bonds, Taxable Series 2010B, originally issued in the amount of $3,220,000 of which __________ is currently outstanding (the “Series 2011 Authority Bonds”); and WHEREAS, the Agency has determined to issue its Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series 2021A (Tax-Exempt) (the “Series 2021A Bonds”) and Tax Allocation Refunding Bonds, Series 2021B (Federally Taxable) (the “Series 2021B Bonds” and, together with the Series 2021A Bonds, the “Series 2021 Bonds”), in order to refund the Refunded Obligations, to fund a reserve account and/or provide for a reserve policy or surety for deposit to the reserve account for the Series 2021 Bonds, purchase a municipal bond insurance policy for the Series 2021 Bonds and pay the costs of issuance of the Series 2021 Bonds; and WHEREAS, the Bonds (as defined herein) will be secured by a pledge of, and lien on, and shall be repaid from Tax Revenues (as defined herein) and certain moneys deposited from time to time in the Redevelopment Property Tax Trust Fund established pursuant to subdivision (c) of Section 34172 of the California Health and Safety Code; and WHEREAS, the Bonds will be issued and payable on a basis subordinate to the Agency’s respective project area specific repayment obligations under, and as defined in the agreements securing, each respective Senior Obligation; and WHEREAS, the Bonds will be issued and payable from amounts on deposit in the Redevelopment Property Tax Trust Fund; and 10.b Packet Pg. 96 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 3 WHEREAS, all conditions, things and acts required by law to exist, happen and be performed precedent to and in connection with the issuance of the Series 2021 Bonds exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Agency is now duly empowered to issue the Series 2021 Bonds; NOW, THEREFORE, THIS INDENTURE WITNESSETH, that in order to secure the payment of the principal of, premium, if any, and the interest on all Bonds at any time issued and outstanding under the Indenture, according to their tenor, and to secure the performance and observance of all the covenants and conditions therein and herein set forth, and to declare the terms and conditions upon and subject to which the Bonds are to be issued and received, and in consideration of the premises and of the mutual covenants herein contained and of the purchase and acceptance of the Bonds by the owners thereof, and for other valuable considerations, the receipt of which is hereby acknowledged, the Agency does hereby covenant and agree with the Trustee, for the benefit of the respective owners from time to time of the Bonds, as follows: ARTICLE I DEFINITIONS; EQUAL SECURITY SECTION 1.01 Definitions. Unless the context otherwise requires, the terms defined in this section shall for all purposes of the Indenture and of the Bonds and of any certificate, opinion, report, request or other document herein or therein mentioned have the meanings herein specified. “Additional Bonds” shall mean all tax allocation bonds of the Agency authorized and executed pursuant to the Indenture and issued and delivered in accordance with Article IV. “Agency” shall mean the Successor Agency to the Redevelopment Agency of the City of San Bernardino, as successor to the Former RDA in accordance with the Dissolution Act. “Annual Debt Service” shall mean, for each Bond Year, the sum of (a) the interest due on the Outstanding Bonds and any Parity Debt in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled (including by reason of mandatory sinking fund redemptions), and (b) the scheduled principal amount of the Outstanding Bonds due in such Bond Year (including any mandatory sinking fund redemptions due in such Bond Year). “Authorized Denominations” shall mean, (i) with respect to the Series 2021 Bonds, $5,000 or any integral multiple thereof, and (ii) with respect to any Additional Bonds, such denominations as provided in a Supplemental Indenture. “Average Annual Debt Service” shall mean the average of the Annual Debt Service for all Bond Years, including the Bond Year in which the calculation is made. “Bond Counsel” shall mean counsel of recognized national standing in the field of law relating to municipal bonds. “Bond Insurance Policy” and “2021 Bond Insurance Policy” have the following meanings: “Bond Insurance Policy” shall mean, as the context suggests, each of the insurance policies or the applicable insurance policy including, without limitation, the 2021 Bond 10.b Packet Pg. 97 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 4 Insurance Policy, issued by the Bond Insurer guaranteeing the scheduled payment of principal of, and the interest when due on, the applicable Series of Bonds. “2021 Bond Insurance Policy” shall mean, respectively, the Municipal Bond Insurance Policy guaranteeing the scheduled payment of principal of, and the interest when due on, the Series 2021A Bonds and the Series 2021B Bonds, issued by the 2021 Bond Insurer and dated __________, 2021. “Bond Insurer” and “2021 Bond Insurer” have the following meanings: “Bond Insurer” shall mean the issuer or issuers of a policy or policies of municipal bond insurance obtained by the Agency to insure the payment of principal of and interest on a Series of Bonds issued under the Indenture, when due otherwise than by acceleration, and which, in fact, are at any time insuring such Series of Bonds. “2021 Bond Insurer” shall mean __________, or any successor thereto or assignee thereof, as insurer of the Series 2021 Bonds and issuer of the 2021 Reserve Policy. “Bond Register” shall mean the registration books specified as such in Section 2.15. “Bond Year” shall mean (1) with respect to the initial Bond Year, the period from the date the Bonds are originally delivered to and including the first succeeding December 1, and (2) thereafter, each twelve-month period from December 2 in any calendar year to and including December 1 in the following calendar year. “Bonds” shall mean the Series 2021 Bonds and all Additional Bonds. “Business Day” shall mean a day of the year on which banks in Los Angeles, California, and any other place in which the Corporate Trust Office of the Trustee is located are not required or authorized to remain closed and on which the New York Stock Exchange is not closed. “City” shall mean the City of San Bernardino, California. “Code” shall mean the Internal Revenue Code of 1986, as amended and any regulations of the United States Department of the Treasury issued thereunder. “Compliance Costs” shall mean those costs incurred by the Agency or the Trustee in connection with their compliance with the Indenture and the Continuing Disclosure Certificate that are chargeable against the RPTTF as provided in Section 5.01 and 6.16, including legal fees and charges, fees and disbursements of consultants and professionals, rating agency fees, amounts to reimburse the Bond Insurer for draws on its Bond Insurance Pol icy and Qualified Reserve Account Credit Instrument, and all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code in accordance with Section 6.11 and the Tax Certificate. “Consultant’s Report” shall mean a report signed by an Independent Financial Consultant or an Independent Redevelopment Consultant, as may be appropriate to the subject of the report, and including: (1) a statement that the person or firm making or giving such report has read the pertinent provisions of the Indenture to which such report relates; 10.b Packet Pg. 98 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 5 (2) a brief statement as to the nature and scope of the examination or investigation upon which the report is based; and (3) a statement that, in the opinion of such person or firm, sufficient examination or investigation was made as is necessary to enable said Independent Financial Consultant or Independent Redevelopment Consultant to express an informed opinion with respect to the subject matter referred to in the report. “Continuing Disclosure Certificate” shall mean that Continuing Disclosure Certificate, executed and delivered by the Agency, dated __________, 2021, relating to the Series 2021 Bonds, as originally executed and as it may be amended from time to time in accordance with the terms thereof. “Corporate Trust Office” shall mean such corporate trust office of the Trustee as may be designated from time to time by written notice from the Trustee to the Agency, initially being such office located in Los Angeles, California except that with respect to presentation of Bonds for registration, payment, redemption, transfer or exchange, such terms shall mean the office of the Trustee in St. Paul, Minnesota, or such other office designated by the Trustee from time to time as its Corporate Trust Office. “Costs of Issuance Fund” shall mean the Fund by that name established pursuant to Section 5.06 hereof. “Costs of Issuance” shall mean all items of expense directly or indirectly payable by or reimbursable to the Agency or the City and related to the authorization, issuance, sale and delivery of the Bonds and the refunding of the Refunded Obligations, including but not limited to publication and printing costs, costs of preparation and reproduction of documents, filing and recording fees, fees and charges of the Trustee and the Escrow Agent, legal fees and charges, fees and disbursements of consultants and professionals, rating agency fees, fees and charges for preparation, execution, transportation and safekeeping of the Bonds and any other cost, charge or fee in connection with the original issuance of the Bonds and the refunding of the Refunded Obligations as provided in a Costs of Issuance invoice transmitted by the Agency (which may include costs and expenses of the Agency and the City) to the Agency and the Trus tee at the time of the original issuance of the Bonds to be paid from proceeds of the Bonds in accordance with Section 3.01 or as provided in a Supplemental Indenture. “County” shall mean the County of San Bernardino, a political subdivision of the State of California. “County Auditor-Controller” shall mean the Auditor-Controller of the County of San Bernardino. “Dissolution Act” shall mean Parts 1.8 (commencing with Section 34161) and 1.85 (commencing with Section 34170) of the Law. “DOF” shall mean the State of California Department of Finance. 10.b Packet Pg. 99 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 6 “Escrow Agent” shall mean U.S. Bank National Association, as Escrow Agent under the Escrow Agreement. “Escrow Agreement” shall mean the separate Irrevocable Refunding Instructions and Agreements relating to the Refunded Obligations, and each of them, each dated as of __________, 2021, and including: (1) [To come]. “Expense Account” shall mean the account established pursuant to Section 5.03 hereof. “Federal Securities” shall mean (a) non-callable direct obligations of the United States of America (“United States Treasury Obligations”), and (b) evidences of ownership of proportionate interests in future interest and principal payments on United States Treasury Obligations held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying United States Treasury Obligations are not available to any person claiming through the custodian or to whom the custodian may be obligated. “Fiscal Year” shall mean the period commencing on July 1 of each year after the date of the sale and delivery of the Bonds and terminating on the next succeeding June 30, or any other annual accounting period hereafter selected and designated by the Agency as its Fiscal Year in accordance with the Law and with notice to the Trustee. “Former RDA” shall mean the former Redevelopment Agency of the City of San Bernardino, created by the Mayor and Common Council of the City. “Indenture” shall mean this Indenture and all Supplemental Indentures. “Independent Certified Public Accountant” shall mean any certified public accountant or firm of such accountants duly licensed and entitled to practice and practicing as such under the laws of the State of California, appointed and paid by the Agency, and who, or each of whom: (1) is in fact independent and not under the domination of the Agency; (2) does not have any substantial interest, direct or indirect, with the Agency; and (3) is not connected with the Agency as a member, officer or employee of the Agency, but who may be regularly retained to make annual or other audits of the books of or reports to the Agency. “Independent Financial Consultant” shall mean a financial consultant or firm of such consultants generally recognized to be well qualified in the financial consulting field, appointed and paid by the Agency and who, or each of whom: (1) is in fact independent and not under the domination of the Agency; 10.b Packet Pg. 100 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 7 (2) does not have any substantial interest, direct or indirect, with the Agency; and (3) is not connected with the Agency as a member, officer or employee of the Agency, but who may be regularly retained to make annual or other reports to the Agency. “Independent Redevelopment Consultant” shall mean a consultant or firm of such consultants generally recognized to be well qualified in the field of consulting relating to tax allocation bond financing by California redevelopment agencies and their successor agencies, appointed and paid by the Agency and who, or each of whom: (1) is in fact independent and not under the domination of the Agency; (2) does not have any substantial interest, direct or indirect, with the Agency; and (3) is not connected with the Agency as a member, officer or employee of the Agency, but who may be regularly retained to make annual or other reports to the Agency. “Interest Account” shall mean the account maintained within the Tax Increment Fund pursuant to Section 5.03 of the Indenture. “Interest Payment Date” shall mean any June 1 or December 1 on which interest on any Series of Bonds is scheduled to be paid, commencing [December 1, 2021], with respect to the Series 2021 Bonds. “Investment Agreement” shall mean an investment agreement or guaranteed investment contract meeting the description and the requirements contained in clause (10) of the definition of Permitted Investments herein. “Investment Earnings” shall mean all interest earned and any realized gains and losses on the investment of moneys in any fund or account created by the Indenture or by any Supplemental Indenture. “Law” shall mean the Community Redevelopment Law of the State of California (being Part I of Division 24 of the California Health and Safety Code, as amended), and all laws amendatory thereof or supplemental thereto including, without limitation, the Dissolution Act. “Maximum Annual Debt Service” shall mean the largest Annual Debt Service for any Bond Year, including the Bond Year in which the calculation is made. “MSRB” shall mean the Municipal Securities Rulemaking Board or any other entity designated or authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule. Until otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MSRB are to be made through the Electronic Municipal Market Access (EMMA) website of the MSRB, currently located at http://emma.msrb.org. 10.b Packet Pg. 101 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 8 “Officer’s Certificate” shall mean a certificate signed by the Mayor, the City Manager or the Director of Finance, acting for and on behalf of the Agency, the Executive Director of the Agency, or the City Clerk acting for the Agency. “Outstanding” when used as of any particular time with reference to Bonds, shall mean (subject to the provisions of Section 9.02) all Bonds except: (1) Bonds theretofore cancelled by the Trustee or surrendered to the Trustee for cancellation; (2) Bonds paid or deemed to have been paid within the meaning of Section 11.02; and (3) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the Agency pursuant to the Indenture. “Oversight Board” shall mean the San Bernardino Countywide Oversight Board duly constituted from time to time pursuant to Section 34179 of the Dissolution Act. “Owner” or “Bondowner” whenever employed herein shall mean the person in whose name such Bond shall be registered. “Parity Debt” shall mean the 2005B Loan Agreement and any additional tax allocation bonds, notes, interim certificates, debentures or other obligations issued by the Agency as permitted by the Indenture payable out of Tax Revenues and ranking on a parity with the Bonds. “Pass-Through Agreements” shall mean each pass-through agreement and tax sharing agreement entered into by the Agency with respect to a Project Area. “Pass Through Obligations” shall mean (i) the statutory pass-through obligations of the Agency described under Section 33607.5 of the Law, and (ii) the Pass-Through Agreements, and shall include amounts elected to be allocated pursuant to subdivision (a) of Section 33676 and Section 33607.7 or of the California Health and Safety Code. “Permitted Investments” shall mean any of the following to the extent then permitted by the general laws of the State of California applicable to investments by counties: (1) (a) Direct obligations (other than an obligation subject to variation in principal repayment) of the United States of America (“United States Treasury Obligations”), (b) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by the United States of America, (c) obligations fully and unconditionally guaranteed as to timely payment of principal and interest by any agency or instrumentality of the United States of America when such obligations are backed by the full faith and credit of the United States of America, or (d) evidences of ownership of proportionate interests in future interest and principal payments on obligations described above held by a bank, trust company or bank holding company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor and the underlying government obligations 10.b Packet Pg. 102 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 9 are not available to any person claiming through the custodian or to whom the custodian may be obligated (collectively “United States Obligations”). These include, but are not necessarily limited to: - U.S. Treasury obligations All direct or fully guaranteed obligations - Farmers Home Administration Certificates of beneficial ownership - General Services Administration Participation certificates - U.S. Maritime Administration Guaranteed Title XI financing - Small Business Administration Guaranteed participation certificates - Guaranteed pool certificates - Government National Mortgage Association (GNMA) GNMA-guaranteed mortgage-backed securities GNMA-guaranteed participation certificates - U.S. Department of Housing & Urban Development Local authority bonds (2) Obligations of instrumentalities or agencies of the United States of America limited to the following: (a) the Federal Home Loan Bank Board (“FHLB”); (b) the Federal Home Loan Mortgage Corporation (“FHLMC”); (c) the Federal National Mortgage Association (FNMA); (d) Federal Farm Credit Bank (“FFCB”); (e) Government National Mortgage Association (“GNMA”); (f) Student Loan Marketing Association (“SLMA”); and (g) guaranteed portions of Small Business Administration (“SBA”) notes. (3) Commercial paper having original maturities of not more than 270 days, payable in the United States of America and issued by corporations that are organized and operating in the United States with total assets in excess of $500 million and having “A” or better rating for the issuer’s long-term debt as provided by S&P and “A-1” or better rating for the issuer’s short-term debt as provided by S&P. (4) The San Bernardino County Treasury Pool. (5) Bills of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as “bankers’ acceptances,” having original maturities of not more than 180 days. The institution must have a minimum short-term debt rating of “P-1” by S&P, and a long-term debt rating of no less than “A” by S&P. 10.b Packet Pg. 103 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 10 (6) Shares of beneficial interest issued by diversified management companies, known as money market funds, registered with the U.S. Securities and Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. Sec. 80a-1 et seq.) and whose fund has received the highest possible rating from S&P and at least one other Rating Agency. (7) Certificates of deposit or time deposits issued by a nationally- or state- chartered bank or a state or federal association (as defined by Section 5102 of the California Financial Code) or by a state-licensed branch of a foreign bank, in each case which has, or which is a subsidiary of a parent company which has, obligations outstanding having a rating in the “A” category or better from S&P. (8) Pre-refunded municipal obligations rated “AAA” by S&P meeting the following requirements: (a) the municipal obligations are (i) not subject to redemption prior to maturity or (ii) the trustee for the municipal obligations has been given irrevocable instructions concerning their call and redemption and the issuer of the municipal obligations has covenanted not to redeem such municipal obligations other than as set forth in such instructions; (b) the municipal obligations are secured by cash or United States Treasury Obligations which may be applied only to payment of the principal of, interest and premium on such municipal obligations; (c) the principal of and interest on the United States Treasury Obligations (plus any cash in the escrow) has been verified by the report of independent certified public accountants to be sufficient to pay in full all principal of, interest, and premium, if any, due and to become due on the municipal obligations (“Verification”); (d) the cash or United States Treasury Obligations serving as security for the municipal obligations are held by an escrow agent or trustee in trust for owners of the municipal obligations; (e) no substitution of a United States Treasury Obligation shall be permitted except with another United States Treasury Obligation and upon delivery of a new Verification; and (f) the cash or United States Treasury Obligations are not available to satisfy any other claims, including those by or against the trustee or escrow agent. (9) Repurchase agreements which have a maximum maturity of 30 days, or due on demand, and are fully secured at or greater than 102% of the market value plus accrued interest by obligations of the United States Government, its agencies and instrumentalities, in accordance with number (2) above. 10.b Packet Pg. 104 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 11 (10) Investment agreements and guaranteed investment contracts with issuers having a long-term debt rating of at least “AA-” by S&P. (11) Local Agency Investment Fund (established under Section 16429.1 of the California Government Code), provided that such investment is held in the name and to the credit of the Trustee, and provided further that the Trustee may restrict such investment if required to keep moneys available for the purposes of the Indenture. (12) Shares in a State of California common law trust established pursuant to Title 1, Division 7, Chapter 5 of the California Government Code which invests exclusively in investments permitted by Section 53601 of Title 5, Division 2, Chapter 4 of the California Government Code, as it may be amended. “Principal Account” shall mean the account maintained within the Tax Increment Fund pursuant to Section 5.03 of the Indenture. “Principal Installment” shall mean, with respect to any Principal Payment Date, the principal amount of Outstanding Bonds (including mandatory sinking fund payments) due on such date, if any. “Principal Corporate Trust Office” shall mean the office of the Trustee in Los Angeles, California, except that with respect to presentation of Bonds for payment, transfer or exchange, such term shall mean the corporate trust office of the Trustee in St. Paul, Minnesota, or such other offices as it shall designate from time to time. “Principal Payment Date” shall mean any December 1 on which principal of any Series of Bonds is scheduled to be paid, commencing on [December 1, 2021] with respect to the Series 2021 Bonds. “Project Area” shall mean the territory within the Agency’s Merged Area A, described and defined in the Redevelopment Plan in each case together with any amendments duly authorized pursuant to the Redevelopment Law. “Project Fund” means the fund by that name established pursuant to Section 3.02 hereof. “Qualified Reserve Account Credit Instrument” shall mean (i) the 2021 Reserve Policy or (ii) an irrevocable standby or direct-pay letter of credit or surety bond issued by a commercial bank or insurance company and deposited with the Trustee pursuant to Section 5.03(d) provided that all of the following requirements are met by the Agency at the time of delivery thereof to the Trustee: (a) S&P or Moody’s has assigned a long-term credit rating to such bank or insurance company of “A” (without regard to modifier) or higher; (b) such letter of credit or surety bond has a term of at least twelve (12) months; (c) such letter of credit or surety bond has a stated amount at least equal to the portion of the Reserve Account Requirement with respect to which funds are proposed to be released pursuant to Section 5.03(d); (d) the Trustee is authorized pursuant to the terms of such letter of credit or surety bond to draw thereunder an amount equal to any deficiencies which may exist from time to time in the Interest Account, the Principal Account or the Term Bonds Sinking Account for the purpose of making payments required 10.b Packet Pg. 105 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 12 pursuant to Section 5.03(d); and (e) prior written notice is given to the Trustee before the effective date of any such Qualified Reserve Account Credit Instrument. “Rebate Fund” shall mean the Rebate Fund established pursuant to Section 6.11 hereof. “Rebate Instructions” shall mean those calculations and directions required to be delivered to the Trustee by the Agency pursuant to the Tax Certificate. “Rebate Requirement” shall mean the Rebate Requirement defined in the Tax Certificate. “Recognized Obligation Payment Schedule” or “ROPS” shall mean a Recognized Obligation Payment Schedule, setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177 of the Dissolution Act, each prepared and approved from time to time pursuant to the Dissolution Act. “Redevelopment Obligation Retirement Fund” shall mean the fund by that name established pursuant to Section 34170.5(a) of the Law and administered by the Agency. “Redevelopment Plans” means the Redevelopment Plan for the Northwest Redevelopment Project Area, adopted on July __, 1982, by Ordinance No. MC – 189, which became effective on August 7, 1982, including any amendment thereof heretofore or hereafter made pursuant to the Redevelopment Law. “Refunded Obligations” Series 2010A Bonds and the Series 2011 Bonds, as defined above in the recital clauses of this Indenture. “Regulations” shall mean temporary and permanent regulations promulgated or applicable under Section 103 and all related provisions of the Code. “Related Documents” shall mean the Indenture and the Series 2021 Bonds issued hereunder. “Reserve Account” shall mean the account maintained within the Tax Increment Fund pursuant to Section 5.03 of the Indenture. “Reserve Account Requirement” shall mean as of the date of any calculation, with respect to all Outstanding Bonds an amount equal to the lesser of (i) the Maximum Annual Debt Service attributable to the Outstanding Bonds or (ii) 125% of Average Annual Debt Service attributable to the Outstanding Bonds; provided however, that the Reserve Account Requirement when issuing a new Series of Bonds shall be the lesser of (i) or (ii) above, but limited to the addition to the Reserve Account of no more than 10% of the proceeds from the sale of such new Series of Bonds. “Responsible Officer” shall mean any Vice-President, Assistant Vice President, Trust Officer or other officer of the Trustee having regular responsibility for corporate trust matters. 10.b Packet Pg. 106 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 13 “ROPS Payment Period” shall mean a ROPS Period; provided, that if the Dissolution Act is hereafter amended such that each ROPS Period covers a fiscal period of a different length, then “ROPS Payment Period” shall mean the period during which moneys distributed on a RPTTF Distribution Date are permitted to be expended under the Dissolution Act, as amended. “ROPS Period” shall mean the six-month period (commencing on each January 1 and July 1) covered by a ROPS until July 1, 2021 and thereafter, each period from July 1 to June 30, inclusive, thereafter as provided in subdivision (o) of Section 34177 of the Dissolution Act; provided, that if the Dissolution Act is hereafter amended such that each ROPS covers a fiscal period of a different length, then “ROPS Period” shall mean such other applicable period established under the Dissolution Act, as amended. “RPTTF” or “Redevelopment Property Tax Trust Fund” shall mean the fund by that name established pursuant to Health and Safety Code Section 34170.5(b) and administered by the County Auditor-Controller. “RPTTF Distribution Date” shall mean each January 2 and June 1, as specified in Section 34183 of the Dissolution Act, on which the County Auditor-Controller allocates and distributes to the Agency monies from the RPTTF for payment on enforceable obligations purs uant to an approved ROPS. “Securities Depository” shall mean, initially, The Depository Trust Company, New York, N.Y., or, in accordance with then-current guidelines of the Securities and Exchange Commission, such other securities depositories, or no such depositories, as designated by the Trustee. “Senior Obligations” shall mean the 2005A Loan Agreement, and any parity debt issued in accordance with the respective Senior Obligations. “Serial Bonds” shall mean Bonds for which no Sinking Account Installments are provided. “Series” shall mean each initial series of Series 2021 Bonds executed, authenticated and delivered and identified pursuant to the Indenture as the Series 2021A Bonds and the Series 2021B and any Additional Bonds issued pursuant to a Supplemental Indenture and identified as a separate series of Bonds. “Series 2021A Bonds” shall mean the Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series 2021A (Tax-Exempt). “Series 2021B Bonds” shall mean the Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series 2021B (Federally Taxable). “Series 2021 Bonds” shall mean, collectively, the Series 2021A Bonds and the Series 2021B Bonds. 10.b Packet Pg. 107 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 14 “Sinking Account Installment” shall mean the amount of money required to be paid by the Agency on a Sinking Account Payment Date toward the retirement of any particular Term Bonds on or prior to their respective stated maturities, as set forth in the Indenture. “Sinking Account Payment Date” shall mean any December 1 on which Sinking Account Installments on Term Bonds are scheduled to be paid, as set forth in the Indenture. “S&P” shall mean Standard & Poor’s Financial Services LLC and its successors and assigns, except that if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, then “S&P” shall be deemed to refer to any other nationally-recognized rating agency selected by the Agency. “Subordinate Obligations” means the Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds including $27,850,000 Series 2016A (Tax-Exempt) and the $16,030,000 Series 2016B (Federally Taxable). “Substitute Depository” shall mean the substitute depository as defined in Section 2.14. “Supplemental Indenture” shall mean any indenture amending or supplementing the Indenture, but only if and to the extent that such Supplemental Indenture is specifically authorized hereunder. “2021 Reserve Policy” shall mean the Municipal Bond Debt Service Reserve Insurance Policy issued by the 2021 Bond Insurer and dated ________, 2021. “Tax Certificate” shall mean the applicable certificate and agreement relating to a Series of Tax-Exempt Bonds and various federal tax requirements, including the requirements of Section 148 of the Code, signed by the Agency on the date the Series of Tax -Exempt Bonds are issued, as the same may be amended or supplemented in accordance with its terms. “Tax Exempt” shall mean, with respect to interest on any obligations of a state or local government, that such interest is excluded from the gross income of the owners thereof for federal income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise includable directly or indirectly for purposes of calculating other tax liabilities, including any alternative minimum tax or environmental tax under the Code. “Tax Increment Fund” shall mean the fund established pursuant to Section 5.01 hereof. “Tax Revenues” means that portion of taxes annually allocated to the Successor Agency with respect to the Project Area following the delivery of the Series 2021 Bonds pursuant to Article 6 of Chapter 6 (commencing with Section 33670) of the Redevelopment Law and Section 16 of Article XVI of the Constitution of the State and as provided in the Redevelopment Plan, exclusive of amounts, if any, (i) that are required to be deposited into the Low and Moderate Income Housing Fund of the Successor Agency in any Fiscal Year pursuant to Sections 33334.2 and 33334.3 of the Redevelopment Law, (ii) required to be paid to entities other than the Successor Agency pursuant to pass-through agreements or similar tax-sharing arrangements entered into in accordance with Section 33607 of the Redevelopment Law, and (iii) required to pay debt service on the Senior Obligations. Additionally, Tax Revenues shall include funds 10.b Packet Pg. 108 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 15 deposited in the Redevelopment Property Tax Trust Fund pursuant to Section 34177.5(g) of the California Health and Safety Code to the extent that such moneys are available after such amounts have been set aside and reserved for the payment of debt service or other obligations that have a prior claim to the payment of the Series 2021 Bonds. “Term Bonds” shall mean Bonds which are payable on or before their specified maturity dates from Sinking Account Installments established for that purpose. “Term Bonds Sinking Account” shall mean the account maintained within the Tax Increment Fund pursuant to Section 5.03 of the Indenture. “Trustee” shall mean U.S. Bank National Association, appointed by the Agency in Section 7.01 and acting with the duties and powers herein provided, and its successors and assigns, or any other corporation or association which may at any time be substituted in its place, as provided in Section 7.02. “Verification Report” shall mean a report of an independent firm of nationally recognized certified public accountants, or such other firm as shall be acceptable to the Bond Insurer, addressed to the Agency, the Trustee and the Bond Insurer, verifying the sufficiency of the escrow established to pay Bonds in full at maturity or on a redemption date. “Written Request of the Agency” shall mean an instrument in writing signed by the Mayor, the City Manager or Director of Finance, acting for and on behalf of the Agency, the Executive Director of the Agency, or the City Clerk acting for the Agency, or by any other officer of the Agency duly authorized by the Agency for that purpose. SECTION 1.02 Equal Security. In consideration of the acceptance of the Bonds by the Owners thereof, the Indenture shall be deemed to be and shall constitute a contract between the Agency and the Owners from time to time of all Bonds issued hereunder and then Outstanding to secure the full and final payment of the interest on and principal of and redemption premiums, if any, on all Bonds authorized, executed, issued and delivered hereun der, subject to the agreements, conditions, covenants and provisions herein contained; and the agreements and covenants herein set forth to be performed on behalf of the Agency shall be for the equal and proportionate benefit, security and protection of all Owners of the Bonds without preference, priority or distinction as to security or otherwise of any Bonds over any other Bonds. ARTICLE II THE BONDS; CERTAIN PROVISIONS OF THE BONDS SECTION 2.01 General Authorization; Bonds. The Series 2021 Bonds and Additional Bonds may be issued at any time under and subject to the terms of the Indenture. The Agency has reviewed all proceedings heretofore taken relative to the authorization of the Series 2021 Bonds and has found, as a result of such review, and hereby finds and determines that all acts, conditions and things required by law to exist, happen or be performed precedent to and in connection with the issuance of the Series 2021 Bonds do exist, have happened and have been performed in due time, form and manner as required by law, and the Agency is now duly authorized, pursuant to each and every requirement of law, to issue the Series 2021 Bonds in the 10.b Packet Pg. 109 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 16 manner and form provided in the Indenture. Accordingly, the Agency hereby authorizes the issuance of the Series 2021 Bonds for the purposes set forth in the preamble of the Indenture. SECTION 2.02 Terms of Series 2021 Bonds. The Series 2021 Bonds authorized to be issued by the Agency under and subject to the terms of the Indenture and the Law shall be designated the “Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series 2021A (Tax-Exempt)” and shall be in the aggregate principal amount of $__________ and the “Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series 2021B (Federally Taxable)” and shall be in the aggregate principal amount of $__________. The Series 2021 Bonds shall be issued as fully registered bonds in denominations $5,000 and integral multiples of $5,000 in excess thereof (not exceeding the principal amount of such Bonds maturing at any one time). The Bonds shall be registered initially in the name of “Cede & Co.,” as nominee of the Securities Depository and shall be evidenced by one bond for each maturity of Bonds in the principal amount of the respective maturities of Bonds. Payment of interest on the Series 2021 Bonds shall be made to Cede & Co. as registered owner, or such other person whose name appears on the bond registration books of the Trustee as the registered owner of the Series 2021 Bonds, as of the close of business on the fifteenth (15th) day of the calendar month preceding the Interest Payment Date (the “Record Date”), or if otherwise instructed, by check mailed to such registered owner at its address as it appears on such books or at such other address as it may have filed with the Trustee for that purpose prior to the Record Date. Each Series of Series 2021 Bonds shall be numbered in consecutive numerical order from R1 upwards. Each Series of Series 2021 Bonds shall bear interest from the Interest Payment Date next preceding the date of authentication thereof, unless such date of authentication is an Interest Payment Date, in which event they shall bear interest from such Interest Payment Date, or unless such date of authentication is prior to the first Interest Payment Date, in which event they shall bear interest from [November 15, 2021], provided, however, that if, at the time of authentication of any Series 2021 Bond, interest is then in default on such Series of Series 2021 Bond, such Series of Series 2021 Bond shall bear interest from the Interest Payment Date to which interest previously has been paid or made available for payment. Interest on the Series 2021 Bonds shall be computed on the basis of a 360-day year of twelve 30-day months. 10.b Packet Pg. 110 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 17 The Series 2021A Bonds shall be dated their date of initial delivery and shall bear interest at the rates specified in the table below, such interest being payable on each Interest Payment Date, and shall mature on the Principal Payment Dates in the following years in the following principal amounts, namely: Maturity Date (December 1) Principal Amount Interest Rate The Series 2021B Bonds shall be dated their date of initial delivery and shall bear interest at the rates specified in the table below, such interest being payable on each Interest Payment Date, and shall mature on the Principal Payment Dates in the following years in the following principal amounts, namely: Maturity Date (December 1) Principal Amount Interest Rate Principal and redemption premiums, if any, on the Series 2021 Bonds shall be payable in immediately available funds. Principal and redemption premiums, if any, and interest on the Series 2021 Bonds shall be paid in lawful money of the United States of America. SECTION 2.03 Form of Series 2021 Bonds. The Series 2021 Bonds, the Trustee’s authentication and registration endorsement, and the assignment to appear thereon shall be substantially in the form attached hereto as Appendix A. SECTION 2.04 Redemption of Series 2021 Bonds. (a) Optional Redemption of Series 2021A Bonds. The Series 2021A Bonds maturing on or after December 1, ____, are subject to optional redemption before maturity on or after December 1, ____, at the option of the Agency, in whole or in part, on any date, at a redemption price equal to the principal amount of the Series 2021A Bonds to be redeemed, plus accrued but unpaid interest to the redemption date. 10.b Packet Pg. 111 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 18 (b) Optional Redemption of Series 2021B Bonds. The Series 2021B Bonds maturing on or after December 1, ____, are subject to optional redemption before maturity on or after December 1, ______, at the option of the Agency, in whole or in part, on any date, at a redemption price equal to the principal amount of the Series 2021B Bonds to be redeemed, plus accrued but unpaid interest to the redemption date. (c) Mandatory Redemption of Series 2021 Bonds from Sinking Fund Installments. (i) The Series 2021A Bonds maturing on December 1, ____ are subject to mandatory redemption in part by lot on December 1 in each year commencing December 1, ____, at the principal amount thereof plus accrued interest thereon to the date fixed for redemption in accordance with the following schedule: Series 2021A Term Bonds Maturing December 1, ____ Sinking Fund Redemption Date (December 1) Principal Amount To be Redeemed In the event that a Series 2021A Bond subject to mandatory redemption is redeemed in part prior to its stated maturity date from any moneys other than Principal Installments, the remaining Principal Installments for such Series 2021A Bond shall be reduced as directed in a Written Request of the Agency. 10.b Packet Pg. 112 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 19 (ii) The Series 2021B Bonds maturing on December 1, ____ are subject to mandatory redemption in part by lot on December 1 in each year commencing December 1, ____, at the principal amount thereof plus accrued interest thereon to the date fixed for redemption in accordance with the following schedule: Series 2021B Term Bonds Maturing December 1, ____ Sinking Fund Redemption Date (December 1) Principal Amount To be Redeemed SECTION 2.05 Notice of Redemption. In the case of any redemption of Bonds, the Trustee shall give notice, as hereinafter in this section provided, that Bonds, identified by serial numbers, Series, maturity date, and interest rate in the case of bifurcated maturities, h ave been called for redemption and, in the case of Bonds to be redeemed in part only, the portion of the principal amount thereof that has been called for redemption (or if all the Outstanding Bonds are to be redeemed, so stating, in which event such serial numbers may be omitted), that they will be due and payable on the date fixed for redemption (specifying such date) upon surrender thereof at the Principal Corporate Trust Office, at the redemption price (specifying such price), together with any accrued interest to such date, and that all interest on the Bonds, the respective series of Bonds, or portions thereof, as applicable, so to be redeemed will cease to accrue on and after such date and that from and after such date such Bond or such portion shall no longer be entitled to any lien, benefit or security under the Indenture, and the Owner thereof shall have no rights in respect of such redeemed Bond or such portion except to receive payment from such moneys of such redemption price plus accrued interest to the date fixed for redemption. Such notice shall be mailed by first class mail, postage prepaid, at least twenty (20) but not more than sixty (60) days before the date fixed for redemption, to the Security Depository, the MSRB and the Owners of such Bonds, or portions thereof, so called for redemption, at their respective addresses as the same shall last appear on the Bond Register. No notice of redemption need be given to the Owner of a Bond to be called for redemption if such Owner waives notice thereof in writing, and such waiver is filed with the Trustee prior to the redemption date. Neither the failure of an Owner to receive notice of redemption of Bonds hereunder nor any error in such notice shall affect the validity of the proceedings for the redemption of Bonds. Any notice of redemption may be expressly conditional and may be rescinded by Written Request of the Agency given to the Trustee not later than the date fixed for redemption. Upon receipt of such Written Request of the Agency, the Trustee shall promptly mail notice of such rescission to the same parties that were mailed the original notice of redemption. 10.b Packet Pg. 113 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 20 SECTION 2.06 Selection of Bonds for Redemption. When any redemption is made pursuant to any of the provisions of the Indenture and less than all of the Outstanding Bonds are to be redeemed, the Trustee shall select the particular Bonds to be redeemed by lot and in selecting the Bonds for redemption, in no event shall Bonds be redeemed in amounts other than whole multiples of Authorized Denominations. For purposes of redeeming Bonds in denominations greater than minimum Authorized Denominations, the Trustee shall assign to such Bonds a distinctive number for each such principal amount and, in selecting Bonds for redemption by lot, shall treat such amounts as separate Bonds. The Trustee shall promptly notify the Agency in writing of the numbers of the Bonds so selected for redemption in whole or in part on such date. SECTION 2.07 Payment of Redeemed Bonds. If notice of redemption has been given or waived as provided in Section 2.05, the Bonds or portions thereof called for redemption shall be due and payable on the date fixed for redemption at the redemption price thereof, together with accrued interest to the date fixed for redemption, upon presentation and surrender of the Bonds to be redeemed at the office specified in the notice of redemption. If there shall be called for redemption less than the full principal amount of a Bond, the Agency shall execute and deliver and the Trustee shall authenticate, upon surrender of such Bond, and without charge to the Owner thereof, Bonds of like interest rate and maturity in an aggregate principal amount equal to the unredeemed portion of the principal amount of the Bonds so surrendered in such Authorized Denominations as shall be specified by the Owner. If any Bond or any portion thereof shall have been duly called for redemption and payment of the redemption price, together with unpaid interest accrued to the date fixed for redemption, shall have been made or provided for by the Agency, then interest on such Bond or such portion shall cease to accrue from such date, and from and after such date such Bond or such portion shall no longer be entitled to any lien, benefit or security under the Indenture, and the Owner thereof shall have no rights in respect of such Bond or such portion except to receive payment of such redemption price, and unpaid interest accrued to the date fixed for redemption. SECTION 2.08 Purchase in Lieu of Redemption. In lieu of redemption of any Bond pursuant to the provisions of subsection (a) of Section 2.04 or Section 5.03 hereof, amounts on deposit in the Term Bonds Sinking Account may also be used and withdrawn by the Trustee at any time prior to selection of Bonds for redemption having taken place with respect to such amounts, upon a Written Request of the Agency, for the purchase of such Term Bonds at public or private sale as and when and at such prices (including brokerage and other charges) as the Agency may in its discretion determine, but not in excess of par plus accrued interest. Any accrued interest payable upon the purchase of Bonds shall be paid from amounts held in the Tax Increment Fund for the payment of interest on the next following Interest Payment Date. Any Term Bonds so purchased shall be cancelled by the Trustee forthwith and shall not be reissued. The principal of any Term Bonds so purchased by the Trustee in any twelve-month period ending 60 days prior to any Sinking Account Payment Date in any year shall be credited towards and shall reduce the principal of such Term Bonds required to be redeemed on such Sinking Account Payment Date in such year. SECTION 2.09 Execution of Bonds. The Mayor, acting as Chairman for and on behalf of the Agency, shall execute each of the Bonds on behalf of the Agency and the City 10.b Packet Pg. 114 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 21 Clerk, acting as Secretary for and on behalf of the Agency, shall attest each of the Bonds on behalf of the Agency. Any of the signatures of said Mayor, acting as Chairman for and on behalf of the Agency, and the City Clerk, acting as Secretary for and on behalf of the Agency, may be by printed, lithographed or engraved facsimile reproduction. In case any officer whose signature appears on the Bonds shall cease to be such officer before the delivery of the Bonds to the purchaser thereof, such signature shall nevertheless be valid and sufficient for all purposes the same as though he had remained in office until such delivery of the Bonds. Any Bond may be signed and attested on behalf of the Agency by such persons as at the actual date of the execution of such Bond shall be the proper officers of the Agency although at the nominal date of such Bond any such person may not have been such officer of the Agency. Except as may be provided in a Supplemental Indenture, only such of the Bonds as shall bear thereon a certificate of authentication and registration in the form hereinbefore recited, executed and dated by the Trustee, upon the Written Request of the Agency, shall be entitled to any benefits under the Indenture or be valid or obligatory for any purpose, and such certificate of the Trustee shall be conclusive evidence that the Bonds so registered have been duly issued and delivered hereunder and are entitled to the benefits of the Indenture. SECTION 2.10 Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.12, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond at the Corporate Trust Office for cancellation, accompanied by delivery of a duly executed written instrument of transfer in a form approved by the Trustee. Whenever any Bond or Bonds shall be surrendered for transfer, the Agency shall execute and the Trustee shall authenticate and deliver a new Bond or Bonds for a like aggregate principal amount of the same Series, interest rate and maturity date (and interest rate in the case of bifurcated maturities). The Trustee shall require the payment by the Owner requesting such transfer of any tax or other governmental charge required to be paid with respect to such transfer. The Trustee shall not be required to register the transfer of any Bonds during the fifteen (15) days prior to the date of selection of the Bonds for redemption, or of any Bonds selected for redemption. SECTION 2.11 Exchange of Bonds. The Bonds may be exchanged at the Corporate Trust Office for a like aggregate principal amount of Bonds of the same Series, interest rate and maturity date (and interest rate in the case of bifurcated maturities) in other authorized denominations. The Trustee shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. The Trustee shall not be required to exchange any Bonds during the fifteen (15) days prior to the date of selection of the Bonds for redemption, or of any Bonds selected for redemption. SECTION 2.12 Exchange of Bonds. The Bonds may be exchanged at the Corporate Trust Office for a like aggregate principal amount of Bonds of the same Series, interest rate and maturity date (and interest rate in the case of bifurcated maturities) in other Authorized 10.b Packet Pg. 115 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 22 Denominations. The Trustee shall require the payment by the Owner requesting such exchange of any tax or other governmental charge required to be paid with respect to such exchange. The Trustee shall not be required to exchange any Bonds during the fifteen (15) days prior to the date of selection of the Bonds for redemption, or of any Bonds selected for redemption. SECTION 2.13 Use of Depository. Notwithstanding any provision of the Indenture to the contrary: (a) The Bonds shall be initially issued as provided in Section 2.01. Registered ownership of the Bonds, or any portion thereof, may not thereafter be transferred except: (i) To any successor of the Securities Depository or its nominee, or to any substitute depository designated pursuant to clause (ii) of this subsection (a) (“Substitute Depository”); provided that any successor of the Securities Depository or Substitute Depository shall be qualified under any applicable laws to provide the service proposed to be provided by it; (ii) To any Substitute Depository designated by the Agency and not objected to by the Trustee, upon (1) the resignation of the Securities Depository or its successor (or any Substitute Depository or its successor) from its functions as depository or (2) a determination by the Agency that the Securities Depository or its successor (or any Substitute Depository or its successor) is no longer able to carry out its functions as depository; provided that any such Substitute Depository shall be qualified under any applicable laws to provide the services proposed to be provided by it; or (iii) To any person as provided below, upon (1) the resignation of the Securities Depository or its successor (or Substitute Depository or its successor) from its functions as depository; provided that no Substitute Depository which is not objected to by the Trustee can be obtained or (2) a determination by the Agency that it is in the best interests of the Agency to remove the Securities Depository or its successor (or any Substitute Depository or its successor) from its functions as depository. (b) In the case of any transfer pursuant to clause (i) or clause (ii) of subsection (a) hereof, upon receipt of the Outstanding Bonds by the Trustee, together with a Written Request of the Agency to the Trustee, a single new Bond shall be executed and delivered in the aggregate principal amount of the Bonds then Outstanding, registered in the name of such successor or such Substitute Depository, or their nominees, as the case may be, all as specified in such Written Request of the Agency. In the case of any transfer pursuant to clause (iii) of subsection (a) hereof, upon receipt of the Outstanding Bonds by the Trustee together with a Written Request of the Agency to the Trustee, new Bonds shall be executed and delivered in such Authorized Denominations, numbered in consecutive order, and registered in the names of such persons as are requested in such a Written Request of the Agency, subject to the limitations of Section 2.02 hereof, provided 10.b Packet Pg. 116 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 23 the Trustee shall not be required to deliver such new Bonds within a period less than sixty (60) days from the date of receipt of such a Written Request of the Agency. (c) In the case of partial redemption or an advance refunding of the Bonds evidencing all or a portion of the principal amount Outstanding, the Securities Depository shall make an appropriate notation on the Bonds indicating the date and amounts of such reduction in principal, in form acceptable to the Trustee. (d) The Agency and the Trustee shall be entitled to treat the person in whose name any Bond is registered as the Owner thereof for all purposes of the Indenture and any applicable laws, notwithstanding any notice to the contrary received by the Trustee or the Agency; and the Agency and the Trustee shall have no responsibility for transmitting payments to, communication with, notifying, or otherwise dealing with any beneficial owners of the Bonds. Neither the Agency nor the Trustee will have any responsibility or obligations, legal or otherwise, to the beneficial owners or to any other party including the Securities Depository or its successor (or Substitute Depository or its successor), except for the Owner of any Bond. (e) So long as the outstanding Bonds are registered in the name of Cede & Co. or its registered assign, the Agency and the Trustee shall cooperate with Cede & Co., as sole registered Owner, and its registered assigns in effecting payment of the principal of and redemption premium, if any, and interest on the Bonds by arranging for payment in such manner that funds for such payments are properly identified and are made immediately available on the date they are due. SECTION 2.14 Bond Registration Books. (a) The Trustee will keep or cause to be kept sufficient books for the registration and transfer of the Bonds, which shall at all times, upon reasonable notice, be open to inspection by any Bondowner or his agent duly authorized in writing or the Agency; and, upon presentation for such purpose, the Trustee shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on such books, Bonds as hereinbefore provided. (b) The person in whose name any Bond shall be registered shall be deemed the owner thereof for all purposes thereof, and payment of or on account of the principal of, and the interest on or redemption price of by such Bond shall be made only to or upon the order in writing of such Owner, which payment shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) Upon initial issuance of the Bonds, the ownership of all such Bonds shall be registered in the registration records maintained by the Trustee pursuant to Section 2.15 in the name of Cede & Co. SECTION 2.15 Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond shall become mutilated, or shall be believed by the Agency or the Trustee to have been destroyed, stolen or lost, upon proof of ownership satisfactory to the Trustee, and upon the surrender of such mutilated Bond at the Corporate Trust Office or upon the receipt of evidence satisfactory to the Trustee of such destruction, theft or loss, and upon receipt also of indemnity for the Trustee 10.b Packet Pg. 117 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 24 and the Agency satisfactory to the Trustee, and upon payment by the Owner of all expenses incurred by the Agency and the Trustee, the Agency shall execute and the Trustee shall authenticate and deliver at said office a new Bond or Bonds of the same Series and maturity and for the same aggregate principal amount, of like tenor and date, bearing the same number or numbers, with such notations as the Trustee shall determine, in exchange and substitution for and upon cancellation of the mutilated Bond, or in lieu of and in substitution for the Bond so destroyed, stolen or lost. If any such destroyed, stolen or lost Bond shall have matured or shall have been called for redemption, payment of the amount due thereon may be made by the Agency or the T rustee upon receipt of like proof, indemnity and payment of expenses. Any such replacement Bonds issued pursuant to this section shall be entitled to equal and proportionate benefits with all other Bonds issued hereunder. The Agency and the Trustee shall not be required to treat both the original Bond and any duplicate Bond as being Outstanding for the purpose of determining the principal amount of Bonds which may be issued hereunder or for the purpose of determining any percentage of Bonds Outstanding hereunder, but both the original and replacement Bond shall be treated as one and the same. SECTION 2.16 Validity of Bonds. The validity of the authorization and issuance of the Bonds shall not be affected in any way by any proceedings taken by the Agency for the financing or refinancing of any redevelopment project financed with proceeds of the Refunded Obligations, or by any contracts made by the Agency in connection therewith, and shall not be dependent upon the completion of the financing such redevelopment project or upon the performance by any person of his obligation with respect to such redevelopment project, and the recital contained in the Bonds that the same are issued pursuant to the Law shall be conclusive evidence of their validity and of the regularity of their issuance. ARTICLE III APPLICATION OF PROCEEDS OF BONDS SECTION 3.01 Application of Proceeds of Sale of Series 2021 Bonds - Allocation Among Funds and Accounts. The net proceeds of the sale of the Series 2021A Bonds shall be deposited with the Trustee and shall be held in trust and set aside or transferred by the Trustee in the amount of $___________ (representing the amount received by the Agency, comprised of the par amount of the Series 2021A Bonds of $___________ plus net original issue premium of $_____________, less Underwriter’s discount in the amount of $____________ and less the amount of $__________ wired by the Underwriter, on behalf of the Agency, directly to the 2021 Bond Insurer to pay (A) a portion of the premium for the 2021 Bond Insurance Policy and (B) a portion of the premium for the 2021 Reserve Policy) as follows: (a) The Trustee shall transfer $___________ to the Escrow Agent under the Escrow Agreement (2010A Loan Agreement). (b) The Trustee shall transfer $__________ to the Escrow Agent under the Escrow Agreement (2011 Loan Agreement). 10.b Packet Pg. 118 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 25 (c) The Trustee shall transfer $___________ to the Costs of Issuance Fund for the payment of the Costs of Issuance. The net proceeds of the sale of the Series 2021B Bonds shall be deposited with the Trustee and shall be held in trust and set aside or transferred by the Trustee in the amount of $_________ (representing the amount received by the Agency, comprised of the par amount of the Series 2021B Bonds of _____________, less original issue discount of $_____________, less Underwriter’s discount in the amount of $__________ and less the amount of $___________ wired by the Underwriter, on behalf of the Agency, directly to the 2021 Bond Insurer to pay (A) a portion of the premium for the 2021 Bond Insurance Policy and (B) a portion of the premium for the 2021 Reserve Policy) as follows: (a) The Trustee shall deposit in the Reserve Account established pursuant to Section 5.03(d) hereof the 2021 Reserve Policy in satisfaction of the initial Reserve Account Requirement relating to the Series 2021B Bonds; and (b) [The Trustee shall transfer $___________ to the Escrow Agent under the Escrow Agreement (2010ALoan Agreement).] (c) [The Trustee shall transfer $__________ to the Escrow Agent under the Escrow Agreement (2011 Loan Agreement).] (d) The Trustee shall transfer $__________ to the Costs of Issuance Fund for the payment of the Costs of Issuance. (e) The Trustee shall accept the transfer of the amount of $__________ for deposit into the Project Fund. The Trustee may establish and use temporary funds or accounts in its records to facilitate and record such deposits and transfers. SECTION 3.02 Project Fund. There is hereby established a separate fund to be known as the “Project Fund,” which shall be held by the Trustee in trust. The moneys in the Project Fund shall be used and withdrawn by the Trustee to fund the acquisition and construction of certain redevelopment projects upon submission of a written request of the Agency stating that the person to whom payment is to be made, the amount to be paid, the purpose for which the obligation was incurred and that such payment is a proper charge against such find. ARTICLE IV ISSUANCE OF ADDITIONAL BONDS SECTION 4.01 Conditions for the Issuance of Additional Bonds. The Agency may at any time after the issuance and delivery of the Series 2021 Bonds hereunder issue Additional Bonds hereunder payable from the Tax Revenues and secured by a lien and charge upon the Tax Revenues equal to and on a parity with the lien and charge securing the Outstanding Bonds theretofore issued under the Indenture, for the purpose of refunding bonds or other indebtedness of the Agency or the Former RDA (including, without limitation, refunding Bonds outstanding under the Indenture) in accordance with the Law, including payment of all costs incidental to or 10.b Packet Pg. 119 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 26 connected with such refunding or providing for the funding of related reserves, but only subject to the following specific conditions, which are hereby made conditions precedent to the issuance of any such Additional Bonds: (a) A Written Request of the Agency shall have been filed with the Trustee containing a statement to the effect that the Agency shall be in compliance with all covenants set forth in the Indenture and any Supplemental Indentures, and no Event of Default shall have occurred and be continuing. (b) The issuance of such Additional Bonds shall have been duly authorized pursuant to the Law and all applicable laws, and the issuance of such Additional Bonds shall have been provided for by a Supplemental Indenture; which shall specify the following: (i) The authorized principal amount of such Additional Bonds; (ii) The date and the maturity date or dates of such Additional Bonds; provided that (i) Principal Payment Dates and Sinking Account Payment Dates may occur only on Interest Payment Dates, and (ii) fixed serial maturities or mandatory Sinking Account Installments, or any combination thereof, shall be established to provide for the retirement of all such Additional Bonds on or before their respective maturity dates; (iii) The Interest Payment Dates for such Additional Bonds; provided that Interest Payment Dates shall be on the same semiannual dates as the Interest Payment Dates for Series 2021 Bonds; (iv) The denomination and method of numbering of such Additional Bonds; (v) The redemption premiums, if any, and the redemption terms, if any, for such Additional Bonds; (vi) The amount and due date of each mandatory Sinking Account Installment, if any, for such Additional Bonds; (vii) The amount, if any, to be deposited from the proceeds of such Additional Bonds in the Reserve Account; provided that the amount deposited in or credited to such Reserve Account shall be increased at or prior to the time such Additional Bonds become Outstanding to an amount at least equal to the Reserve Account Requirement on all then Outstanding Bonds and such Additional Bonds, and that an amount at least equal to the Reserve Account Requirement on all Outstanding Bonds shall thereafter be maintained in or credited to such Reserve Account; (viii) The form of such Additional Bonds; and 10.b Packet Pg. 120 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 27 (ix) Such other provisions, as are necessary or appropriate and not inconsistent with the Indenture. (c) Such Additional Bonds may be issued only for the purpose of refunding bonds or other indebtedness of the Agency or its Former RDA (including, without limitation, refunding Bonds outstanding under the Indenture) in accordance with 34177.5 of the Dissolution Act, including payment of all costs incidental to or connected with such refunding and funding or providing for the funding of related reserves, and the payment of all costs incidental to or connected with such refunding, provided that the issuance of such Additional Bonds shall comply with the terms of California Health and Safety Code Section 34177.5. The Agency shall refund outstanding Senior Obligations on a basis senior to or on a parity with the Bonds only to the extent such refunding would be permitted by Section 34177.5(a) of the Dissolution Act. Nothing contained in the Indenture shall limit the issuance of any tax increment bonds or other obligations of the Agency secured by a lien and charge on Tax Revenues junior to that of the Bonds. SECTION 4.02 Procedure for the Issuance of Additional Bonds. All of the Additional Bonds shall be executed by the Agency for issuance under the Indenture and delivered to the Trustee and thereupon shall be delivered by the Trustee upon the Written Request of the Agency, but only upon receipt by the Trustee of the following documents or money or securities: (a) A certified copy of the Supplemental Indenture authorizing the issuance of such Additional Bonds; (b) A Written Request of the Agency as to the authentication and delivery of such Additional Bonds; (c) An opinion of Bond Counsel to the effect that (1) the Agency has the right and power under the Law to enter into the Indenture and all Supplemental Indentures thereto, and the Indenture and all such Supplemental Indentures have been duly executed by the Agency and are valid and binding upon the Agency and enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors ’ rights, by application of equitable principles and by exercise of judicial discretion in appropriate cases), and no other authorization for the Indenture or such Supplemental Indentures is required; (2) the Indenture creates the valid pledge which it purports to create of the Tax Revenues as provided in the Indenture, subject to the application thereof to the purposes and on the conditions permitted by the Indenture; and (3) such Additional Bonds are valid and binding special obligations of the Agency, enforceable in accordance with their terms (except as enforcement may be limited by bankruptcy, insolvency, reorganization and other similar laws relating to the enforcement of creditors’ rights, by application of equitable principles and by exercise of judicial discretion in appropriate cases) and the terms of the Indenture and all Supplemental Indentures thereto and entitled to the benefits of the Indenture and all such Supplemental Indentures and the Law, and such Additional 10.b Packet Pg. 121 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 28 Bonds have been duly and validly authorized and issued in accordance with the Law and the Indenture and all such Supplemental Indentures; (d) A Written Request of the Agency containing such statements as may be reasonably necessary to show compliance with the requirements of the Indenture; and (e) Such further documents, money and securities as are required by the provisions of the Indenture and the Supplemental Indenture providing for the issuance of such Additional Bonds. ARTICLE V TAX REVENUES; CREATION OF FUNDS SECTION 5.01 Pledge of Tax Revenues; Tax Increment Fund. Subject only to the provisions of the Indenture permitting the application thereof for the purposes and on the terms and conditions set forth herein, all of the Tax Revenues, including such revenues on deposit in the Redevelopment Obligation Retirement Fund and the Redevelopment Property Tax Trust Fund, and including without limitation any override tax revenues attributable to tax rate overrides levied by taxing agencies within the Project Area that were pledged to the Refunded Obligations, and all amounts on deposit from time to time in the funds and accounts established hereunder (other than the Expense Account and the Rebate Fund), are hereby irrevocably pledged to secure the payment of the principal of and interest on the Outstanding Bonds and any Parity Debt as provided herein. The Agency hereby irrevocably grants to the Trustee for the benefit of the Owners of the Outstanding Bonds a first charge and lien on, and a security interest in, and hereby pledges and assigns, the Tax Revenues, whether held by the Agency, the County Auditor-Controller or the Trustee, and all amounts in the funds and accounts established hereunder (other than the Expense Account and the Rebate Fund), including the “Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Increment Fund” (hereinafter called the “Tax Increment Fund”), which is hereby created by the Agency and which fund the Agency hereby covenants and agrees to maintain with the Trustee so long as any Bonds shall be Outstanding hereunder, to the Trustee for the benefit of the Owners of the Outstanding Bonds. Notwithstanding the foregoing, there shall not be deposited with the Trustee for deposit in the Tax Increment Fund any taxes eligible for allocation to the Agency pursuant to the Law in an amount in excess of that amount which, together with all money then on deposit with the Trustee in the Tax Increment Fund and the accounts therein, shall be sufficient to discharge all Outstanding Bonds as provided in Article XI hereof. No additional bonds payable from Tax Revenues on a basis senior to or on a parity with the Bonds will be issued except pursuant to Article IV of the Indenture. The Agency covenants and agrees that, subject to the prior application and lien in favor of the Senior Obligations, all Tax Revenues when and as received, will be received by the Agency in trust hereunder and will be transferred to the Trustee within a reasonable period of time from the receipt by the Agency thereof, for deposit by the Trustee in the Tax Increment Fund and will be accounted for through and held in trust in the Tax Increment Fund, and the Agency shall have no beneficial right or interest in any of such money, except only as 10.b Packet Pg. 122 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 29 specifically provided otherwise in the Indenture. All such Tax Revenues, whether received by the Agency and held in trust pending transfer or deposited with the Trustee, all as herein provided, shall nevertheless be disbursed, allocated and applied solely to the uses and purposes hereinafter set forth in the Indenture, and shall be accounted for separately and apart from all other money, funds, accounts or other resources of the Agency. Any Tax Revenues received by the Trustee in the Tax Increment Fund (other than amounts deposited in the Reserve Account) in excess of the amounts required to be held by the Trustee in the Tax Increment Fund shall be released from the pledge and lien hereunder and transferred to the Agency and may be used for any lawful purpose of the Agency. Pursuant to the laws of the State of California, including California Health and Safety Code Sections 34183 and 34170.5(b), the County Auditor-Controller is obligated to deposit the Tax Revenues into the Redevelopment Property Tax Trust Fund. In furtherance of this Section 5.01 and the Dissolution Act, and in accordance with the County Auditor-Controller’s obligations as set forth in California Health and Safety Code Section 34183, the Agency shall take all steps to ensure that the County Auditor-Controller (1) deposits the Tax Revenues into the Redevelopment Property Tax Trust Fund, (2) allocates funds for the principal and interest payments due on the Senior Obligations, the Outstanding Bonds and any Parity Debt and any deficiency in the Reserve Account pursuant to each valid Recognized Obligation Payment Schedule in accordance with the Dissolution Act and as provided in this Section 5.01, and (3) make the transfers to the Trustee required under Section 5.02 of the Indenture. The Agency will take all actions required under the Dissolution Act to include on its ROPS the amounts described below to be transmitted to the Trustee for the applicable ROPS Period in order to satisfy the requirements of the Indenture, including any amounts required to pay principal and interest payments due on the Senior Obligations, Outstanding Bonds and any Parity Debt, any Compliance Costs, any deficiency in the Reserve Account to the full amount of the Reserve Account Requirement and any deficiency in the reserve accounts under the indentures for the Senior Obligations. The Agency shall submit an Oversight Board-approved ROPS to the County Auditor-Controller and the Department of Finance on or before February 1 with respect to the ROPS Period commencing the following July 1. Expected Compliance Costs, if any, will be included in each ROPS in accordance with the Dissolution Act. In furtherance of such pledge, and in preparing a given ROPS, the Agency shall reflect on each annual ROPS that the amount due to the Trustee from the Agency, received in trust from the County Auditor-Controller, for deposit in the Tax Increment Fund on June 1 (commencing June 1, ____) of the then-current calendar year from Tax Revenues required to be deposited into the RPTTF shall equal (1) the sum of (a) all scheduled principal payments and Sinking Account Installments due and payable on the Senior Obligations, Outstanding Bonds and any Parity Debt, and the Subordinate Obligations during the next succeeding Fiscal Year as shown on Appendix B - Schedule of Semi-Annual and Annual Interest and Principal Payments of the Outstanding Bonds, and (b) all scheduled interest payments due and payable on the Senior Obligations, Outstanding Bonds and any Parity Debt, and Subordinate Obligations during the next succeeding Fiscal Year as shown on Appendix B - Schedule of Semi-Annual and Annual Interest and Principal Payments of the Senior Obligations, Outstanding Bonds and Subordinate Obligations, 10.b Packet Pg. 123 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 30 plus (2) the amount of any deficiency in the Reserve Account, less (3) the amounts, if any, on deposit in the Tax Increment Fund as of the date of submission for the ROPS pursuant to this Section that are in excess of the amounts required to be applied to payment of principal of or interest or sinking account payments on the Senior Obligations, Outstanding Bonds and any Parity Debt, and Subordinate Obligations in the then current Fiscal Year. The amount due to the Trustee from the Agency, received in trust from the County Auditor-Controller, for deposit in the Tax Increment Fund on January 2 of the next calendar year from amounts required to be deposited into the RPTTF shall be equal to the remainder, if any, due and payable on the Senior Obligations, Outstanding Bonds and any Parity Debt, and Subordinate Obligations during such next succeeding Fiscal Year in an amount equal to not less than (1) the remaining sum of (a) all scheduled principal payments and Sinking Account Installments due and payable on the Senior Obligations, Outstanding Bonds and any Parity Debt, and Subordinate Obligations during such next succeeding Fiscal Year as shown on Appendix B - Schedule of Semi-Annual and Annual Interest and Principal Payments of the Senior Obligations, Outstanding Bonds and Subordinate Obligations, and (b) all scheduled interest payments due and payable on the Senior Obligations, Outstanding Bonds and any Parity Debt, and Subordinate Obligations during such next succeeding Fiscal Year as shown on Appendix B - Schedule of Semi-Annual and Annual Interest and Principal Payments of the Senior Obligations, Outstanding Bonds and Subordinate Obligations, plus (2) the amount of any remaining deficiency in the Reserve Account. Tax Revenues received by the Agency during a ROPS Period in excess of the amount required, as provided in this Section, to be deposited in the Tax Increment Fund, shall, immediately following the deposit with the Trustee of the amounts required to be so deposited as provided in this Section on each such date, be released from the pledge, security interest and lien hereunder for the security of the Outstanding Bonds, and may be applied by the Agency for any lawful purpose of the Agency, including but not limited to the payment of subordinate debt, or the payment of any amounts due and owing to the United States of America pursuant to Section 6.11. Prior to the payment in full of the principal of and interest and redemption premium (if any) on the Outstanding Bonds and any Parity Debt and the payment in full of all other amounts payable hereunder and under any Supplemental Indentures, the Agency shall not have any beneficial right or interest in the moneys on deposit in the Tax Increment Fun d, except as may be provided in the Indenture and in any Supplemental Indenture. SECTION 5.02 Receipt and Deposit of Tax Revenues. (a) The Agency covenants and agrees that, subject to the prior application and lien in favor of the Senior Obligations, all Tax Revenues, when and as received in accordance with Section 5.01 hereof, will be received by the Agency in trust hereunder and shall be deemed to be held by the Agency as agent for the Trustee and will, not later than five (5) Business Days following such receipt, be deposited by the Agency with the Trustee in the Tax Increment Fund and will be accounted for through and held in trust in the Tax Increment Fund, and the Agency shall have no beneficial right or interest in any of such money, except only as in the Indenture provided; provided that the Agency shall not be obligated to deposit in the Tax Increment Fund in any calendar year an amount which exceeds the amounts required to be transferred to the Trustee for deposited in the Tax Increment Fund pursuant to Section 5.01. All such Tax Revenues, whether received by the Agency in trust or deposited with the Trustee, all as herein provided, shall nevertheless be disbursed, allocated and applied solely to the uses and purposes set forth herein, and shall be accounted for separately and apart from all other money, funds, accounts or other resources of the Agency. 10.b Packet Pg. 124 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 31 SECTION 5.03 Establishment and Maintenance of Accounts for Use of Moneys in the Tax Increment Fund. Subject to the prior application and lien in favor of the Senior Obligations, all Tax Revenues in the Tax Increment Fund shall be set aside by the Trustee in each Bond Year when and as received in the following respective special accounts within the Tax Increment Fund (each of which is hereby created and each of which the Agency hereby covenants and agrees to cause to be maintained with the Trustee so long as the Bonds shall be Outstanding hereunder), in the following order of priority (except as otherwise provided in subsection (b) below): (1) Interest Account; (2) Principal Account; (3) Term Bonds Sinking Account; (4) Reserve Account; and (5) Expense Account. All moneys in each of such accounts shall be held in trust by the Trustee and shall be applied, used and withdrawn only for the purposes hereinafter authorized in this Section 5.03. (a) Interest Account. The Trustee shall set aside from the Tax Increment Fund and deposit in the Interest Account an amount of money which, together with any money contained therein, is equal to the aggregate amount of the interest becoming due and payable on all Outstanding Bonds on the Interest Payment Dates in such Bond Year. No deposit need be made into the Interest Account if the amount contained therein is at least equal to the aggregate amount of the interest becoming due and payable on all Outstanding Bonds on the Interest Payment Dates in such Bond Year. All moneys in the Interest Account shall be used and withdrawn by the Trustee solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds purchased or redeemed prior to maturity). (b) Principal Account. The Trustee shall set aside from the Tax Increment Fund and deposit in the Principal Account an amount of money which, together with any money contained therein, is equal to the aggregate amount of principal becoming due and payable on all Outstanding Serial Bonds on the Principal Payment Date in such Bond Year. No deposit need be made into the Principal Account if the amount contained therein is at least equal to the aggregate amount of principal of all Outstanding Serial Bonds becoming due and payable on the Principal Payment Date in such Bond Year. All money in the Principal Account shall be used and withdrawn by the Trustee solely for the purpose of paying principal of the Serial Bonds as they shall become due and payable. In the event that there shall be insufficient money in the Tax Increment Fund to pay in full all such principal and Sinking Account Installments due pursuant to Section 5.03(c) hereof in such Bond Year, then the money available in the Tax Increment Fund shall be applied pro rata to the payment of such principal and Sinking Account Installments in the proportion which all such principal and Sinking Account Installments bear to each other. 10.b Packet Pg. 125 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 32 (c) Term Bonds Sinking Account. The Trustee shall deposit in the Term Bonds Sinking Account an amount of money which, together with any money contained therein, is equal to the Sinking Account Installments payable on the Sinking Account Payment Date in such Bond Year. No deposit need be made in the Term Bonds Sinking Account if the amount contained therein is at least equal to the aggregate amount of all Sinking Account Installments required to be made on the Sinking Account Payment Date in such Bond Year. All moneys in the Term Bonds Sinking Account shall be used and withdrawn by the Trustee solely for the purpose of purchasing or redeeming the Term Bonds in accordance with Section 2.04(c) hereof. (d) Reserve Account. The Trustee shall set aside from the Tax Increment Fund and deposit in the Reserve Account such amount as may be necessary to maintain on deposit therein an amount equal to the Reserve Account Requirement. No deposit need be made into the Reserve Account so long as there shall be on deposit therein an amount equal to the Reserve Account Requirement. All money in or credited to the Reserve Account shall be used and withdrawn by the Trustee solely for the purpose of replenishing the Interest Account, the Principal Account or the Term Bonds Sinking Account in such order, in the event of any deficiency in any of such accounts occurring on any Interest Payment Date, Principal Payment Date or Sinking Account Payment Date, or for the purpose of paying the interest on or the principal of the Bonds in the event that no other money of the Agency is lawfully available therefor, or for the retirement of all Bonds then Outstanding, except that for so long as the Agency is not in default hereunder, any amount in the Reserve Account in excess of the Reserve Account Requirement shall be transferred to the Tax Increment Fund. On any date on which Bonds are defeased in accordance with Section 11.02 hereof, the Trustee shall, if so directed in a Written Request of the Agency, transfer any moneys in the Reserve Account in excess of the Reserve Account Requirement resulting from such defeasance to the entity or fund so specified in such Written Request of the Agency, to be applied to such defeasance. If at any time the Trustee fails to pay principal or interest due on any scheduled payment date for the Bonds and any Parity Debt or withdraws funds from the Reserve Account to pay principal and interest on the Bonds and any Parity Debt, the Trustee shall notify the Agency in writing of such failure or withdrawal, as applicable. The prior written consent of the 2021 Bond Insurer shall be a condition precedent to the deposit of any Qualified Reserve Account Credit Instrument (other than the 2021 Reserve Policy) credited to the Reserve Account established for Series 2021 Bonds in lieu of a cash deposit into the Reserve Account. Amounts drawn under the 2021 Reserve Policy shall be available only for the payment of scheduled principal and interest on the Series 2021 Bonds when due. The Trustee shall ascertain the necessity for a claim upon the 2021 Reserve Policy in accordance with the provisions of paragraph (a) of Section 5.05 hereof and to provide notice to the 2021 Bond Insurer in accordance with the terms of the 2021 Reserve Policy at least five Business Days prior to each date upon which interest or principal is due on the Series 2021 Bonds, respectively. Where deposits are required to be made by the Agency with the Trustee to the Interest Account and the Principal Account of the Tax Increment Fund for the Series 2021 10.b Packet Pg. 126 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 33 Bonds, respectively, more often than semi-annually, the Trustee shall be instructed to give notice to the 2021 Bond Insurer of any failure of the Agency to make timely payment in full of such deposits within two Business Days of the date due. (e) Expense Account. The Trustee shall set aside from the Tax Increment Fund and deposit in the Expense Account such amount as may be necessary to pay from time to time Compliance Costs as specified in a Written Request of the Agency setting forth the amounts. All moneys in the Expense Account shall be applied to the payment of Compliance Costs, upon presentation of a Written Request of the Agency setting forth the amounts, purposes, the names of the payees and a statement that the amounts to be paid are proper charges against th e Expense Account. So long as any of the Bonds herein authorized, or any interest thereon, remain unpaid, the moneys in the Expense Account shall be used for no purpose other than those required or permitted by the Indenture and the Law. SECTION 5.04 Investment of Moneys in Funds and Accounts. Moneys in the Tax Increment Fund and the Interest Account, the Principal Account, the Term Bonds Sinking Account and the Expense Account thereunder, upon the Written Request of the Agency, shall be invested by the Trustee in Permitted Investments. If such instructions are not provided, the Trustee shall invest such funds in Permitted Investments described in clause (6) of the definition thereof. Moneys in the Interest Account representing accrued interest paid to the Agency upon the initial sale and delivery of any Bonds and in the Reserve Account, upon the Written Request of the Agency, shall be invested by the Trustee in Permitted Investments. Permitted Investments purchased with amounts on deposit in the Reserve Account shall have an average aggregate weighted term to maturity of not greater than five (5) years; provided, however, that if such investments may be redeemed at par so as to be available on each Interest Payment Date, any amount in the Reserve Account may be invested in such redeemable Permitted Investments maturing on any date on or prior to the final maturity date of the Bonds. The obligations in which moneys in the Tax Increment Fund and the Interest Account, the Principal Account, the Term Bonds Sinking Account and the Expense Account thereunder are so invested shall mature prior to the date on which such moneys are estimated to be required to be paid out hereunder. Any interest, income or profits from the deposits or investments of all other funds and accounts held by the Trustee (other than the Expense Account and the Rebate Fund) shall be deposited in the Tax Increment Fund. For purposes of determining the amount on deposit in any fund or account held by the Trustee hereunder, all Permitted Investments credited to such fund or account shall be valued at the lower of cost or the market price thereof (excluding accrued interest and brokerage commissions, if any); provided that Permitted Investments credited to the Reserve Account shall be valued at market value (exclusive of accrued interest and brokerage commissions, if any), and any deficiency in the Reserve Account resulting from a decline in market value shall be restored to the Reserve Account Requirement no later than the next Bond Year. Amounts in the funds and accounts held by the Trustee under the Indenture shall be valued at least annually on the first day of December after the principal payment has been made. The Agency acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the Agency the right to receive brokerage confirmations of security transactions as they occur, the Agency will not receive such confirmations to the extent permitted by law. The Trustee will furnish the Agency periodic cas h 10.b Packet Pg. 127 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 34 transaction statements which shall include detail for all investment transactions made by the Trustee hereunder. The Trustee or any of its affiliates may act as agent, sponsor or advisor in connection with any investment made by the Trustee hereunder. SECTION 5.05 2021 Reserve Policy Payment and Reimbursement Provisions. The following provisions shall govern in the event of a conflict with any contrary provision of the Indenture. [To come] SECTION 5.06 Costs of Issuance Fund. Moneys deposited in the Costs of Issuance Fund shall be held by the Trustee in trust and applied to the payment of Costs of Issuance upon a Requisition of the Agency filed with the Trustee. Each such requisition shall be sufficient evidence to the Trustee of the facts stated therein and the Trustee shall have no duty to confirm the accuracy of such facts. In no event shall moneys from any other fund or account established hereunder be used to pay Costs of Issuance. All payments from the Costs of Issuance Fund shall be reflected on the Trustee’s regular accounting statements. At the end of twelve months from the date of issuance of the Bonds, or upon earlier receipt of a Written Order of the Agency stating that amounts in such fund are no longer required for the payment of Costs of Issuance, such fund shall be terminated and any amounts then remaining in such fund shall be transferred to the Tax Increment Fund. The Trustee shall then close the Costs of Issuance Fund. ARTICLE VI COVENANTS OF THE AGENCY SECTION 6.01 Punctual Payment. The Agency will punctually pay the principal of, premium, if any, and the interest to become due with respect to the Bonds, in strict conformity with the terms of the Bonds and of the Indenture and will faithfully satisfy, observe and perform all conditions, covenants and requirements of the Bonds and of the Indenture. SECTION 6.02 Against Encumbrances. The Agency will not mortgage or otherwise encumber, pledge or place any charge upon any of the Tax Revenues, except as provided in the Indenture, and will not issue any obligation or security superior to or on a parity with then Outstanding Bonds payable in whole or in part from the Tax Revenues (other than Additional Bonds in accordance with Section 4.01). The Agency shall refund outstanding Senior Obligations on a basis senior to or on a parity with the Bonds only to the ex tent such refunding would be permitted by Section 34177.5(a)(1) of the Dissolution Act. SECTION 6.03 Extension or Funding of Claims for Interest. In order to prevent any claims for interest after maturity, the Agency will not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any Bonds and will not, directly or indirectly, be a party to or approve any such arrangements by purchasing or funding said claims for interest or in any other manner. In case any s uch claim for interest shall be extended or funded, whether or not with the consent of the Agency, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of the Indenture, except subject to the prior payment in full of the principal of the Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded. 10.b Packet Pg. 128 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 35 SECTION 6.04 Payment of Claims. Subject to the terms of the Dissolution Act, the Agency will pay and discharge any and all lawful claims for labor, materials or supplies which, if unpaid, might become a lien or charge upon the properties owned by the Agency or upon the Tax Revenues or any part thereof, or upon any funds in the hands of the Trustee, or which might impair the security of the Bonds; provided that nothing herein contained shall require the Agency to make any such payments so long as the Agency in good faith shall contest the validity of any such claims. SECTION 6.05 Books and Accounts; Financial Statements. The Agency will keep proper books of record and accounts, separate from all other records and accounts of the Agency, in which complete and correct entries shall be made of all transactions relating to the Tax Increment Fund. Such books of record and accounts shall at all ti mes during business hours be subject to the inspection of the Trustee (who shall have no duty to inspect) and the Owners of not less than ten per cent (10%) of the aggregate principal amount of Bonds Outstanding or their representatives authorized in writing. The Agency will prepare and file with the Trustee and the Bond Insurer annually, so long as any Bonds are Outstanding, the audited financial statements of the Agency as part of the Annual Report (as defined in the Continuing Disclosure Certificate), provided, however, that the audited financial statements of the Agency may be submitted separately from the balance of the Annual Report, and later than the date required for the filing of the Annual Report and as soon as practicable if they are not available by that date. SECTION 6.06 Protection of Security and Rights of Owners. The Agency will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the sale and delivery of any Bonds by the Agency, such Bonds shall be incontestable by the Agency. SECTION 6.07 Payment of Taxes and Other Charges. The Agency will pay and discharge all taxes, service charges, assessments and other governmental charges which may hereafter be lawfully imposed upon the Agency or any properties owned by the Agency in the Project Area, or upon the revenues therefrom, when the same shall become due; provided that nothing herein contained shall require the Agency to make any such payments so long as the Agency in good faith shall contest the validity of any such taxes, service charges, assessments or other governmental charges. SECTION 6.08 Amendment of Redevelopment Plan. The Agency will not amend the Redevelopment Plan except as provided in this section and as permitted by the Law. If the Agency proposes to amend the Redevelopment Plan, it shall cause to be filed with the Trustee a Consultant’s Report on the effect of such proposed amendment. If the Consultant’s Report concludes that Tax Revenues will not be materially reduced by such proposed amendment, the Agency may undertake such amendment. If the Consultant’s Report concludes that Tax Revenues will be materially reduced by such proposed amendment, the Agency may not undertake such proposed amendment. Notwithstanding the foregoing, the Agency must obtain the Bond Insurer’s prior written consent for any amendment of the Redevelopment Plan which would (i) reduce the amount of Tax Revenues that may be received by the Agency or (ii) reduce the period during which the Agency may collect Tax Revenues. 10.b Packet Pg. 129 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 36 SECTION 6.09 Tax Revenues. The Agency shall comply with all requirements of the Law to ensure the allocation and payment to it of the Tax Revenues, including without limitation the timely filing of any necessary ROPS. The Agency shall manage its fiscal affairs in a manner so that it will have sufficient Tax Revenues available under the Redevelopment Plan in the amounts and at the times required to enable the Agency to pay the principal of, premium, if any and interest on the outstanding Senior Obligations, and any parity debt thereof, and the Series 2021 Bonds and any Parity Debt when due. SECTION 6.10 Further Assurances. The Agency will adopt, make, execute and deliver any and all such further resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of the Indenture, and for the better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in the Indenture. SECTION 6.11 Tax Covenants; Rebate Fund. (a) The Agency covenants that it will not take any action, or fail to take any action, if any such action or failure to take action would adversely affect the exclusion from gross income of the interest on any of the Tax Exempt Bonds under Section 103 of the Code. Without limiting the generality of the foregoing, the Agency shall comply with the requirements of the Tax Certificate, which is incorporated herein as if fully set forth herein. This covenant shall survive payment in full or defeasance of the Bonds. (b) The Agency agrees that there shall be paid from time to time all amounts required to be rebated to the United States pursuant to Section 148(f) of the Code and any temporary, proposed or final Treasury Regulations as may be applicable to the Tax Exempt Bonds from time to time. (c) The Trustee shall establish and maintain a fund separate from any other fund established and maintained hereunder designated as the Rebate Fund. Notwithstanding any other provision of the Indenture to the contrary, all amounts deposited into or on deposit in the Rebate Fund shall be governed by this Section 6.11 and by the Tax Certificate (which is incorporated herein by reference). The Agency shall cause to be deposited in the Rebate Fund the Rebate Requirement as provided in the Tax Certificate. Subject to the provisions of this Section 6.11, all money at any time deposited in the Rebate Fund shall be held by the Trustee in trust for payment to the federal government of the United States of America from time to time in accordance with the Tax Certificate. The Agency and the Owners shall have no rights in or claim to such money. (d) Upon the written direction of the Agency, the Trustee shall invest all amounts held in the Rebate Fund in Permitted Investments, subject to the restrictions set forth in the Tax Certificate. (e) Upon receipt of the Rebate Instructions required to be delivered to the Trustee by the Tax Certificate, the Trustee shall remit part or all of the balances held in the Rebate Fund to the Trustee for payment to the federal government of the United 10.b Packet Pg. 130 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 37 States of America, as so directed. In addition, if the Rebate Instructions so direct, the Trustee shall deposit moneys into or transfer moneys out of the Rebate Fund from or into such accounts or funds as the Rebate Instructions direct. Any funds remaining in the Rebate Fund after redemption and payment of all of the Tax Exempt Bonds and payment of any required rebate amount, or provision made therefor satisfactory to the Trustee, shall be withdrawn and remitted to the Agency. (f) The Trustee shall have no obligation to pay any amounts required to be remitted pursuant to this Section 6.11, other than from moneys held in the funds and accounts created under the Indenture or from other moneys provided to it by the Agency. (g) The Trustee shall conclusively be deemed to have complied with the provisions of this Section 6.11 if it follows the directions of the Agency set forth in the Rebate Instructions, and shall not be required to take any actions thereunder in the absence of Rebate Instructions from the Agency. (h) Notwithstanding any other provision of the Indenture, the obligation of the Agency to remit or cause to be remitted any required rebate amount to the United States government and to comply with all other requirements of this Section 6.11 and the Tax Certificate shall survive the defeasance or payment in full of the Tax Exempt Bonds. (i) Notwithstanding any provision of this Section 6.11 to the contrary, if the Agency hall provide to the Trustee an opinion of counsel of recognized standing in the field of law relating to municipal bonds (and approved in writing by the Agency) to the effect that any action required under this Section 6.11 is no longer required, or that some further or different action is required, to maintain the exclusion from federal gross income of the interest on the Tax Exempt Bonds pursuant to the Code, the Trustee and the Agency may conclusively rely on such opinion in complying with the provisions of this Section 6.11, and the provisions hereof shall be deemed to be modified to that extent. SECTION 6.12 Compliance with the Dissolution Act. The Agency covenants that in addition to complying with the requirements of Section 5.01 hereof, it will comply with all other requirements of the Dissolution Act. Without limiting the generality of the foregoing, the Agency covenants and agrees to file all required statements and seek all necessary successor agency or an oversight board approvals required under the Dissolution Act to assure compliance by the Agency with its covenants under the Indenture. Further, the Agency will take all actions required under the Dissolution Act to include on its ROPS for each ROPS Period all payments expected to be made to the Trustee in order to satisfy the requiremen ts of the Indenture, including any amounts required to pay principal and interest payments due on the Senior Obligations, Outstanding Bonds and any Parity Debt, any deficiency in the Reserve Account to the full amount of the Reserve Account Requirement and any deficiency in the reserve accounts under the indentures or loan agreements for the Senior Obligations, any Compliance Costs, and any required debt service, reserve set-asides, and any other payments required under the Indenture or similar documents pursuant to Section 34171(d)(1)(A) of the California Health and Safety Code, so as to enable the County Auditor-Controller to distribute from the RPTTF amounts to the Trustee for deposit in the Tax Increment Fund on each ROPS Distribution Date amounts required for the Agency to pay the principal of, premium, if any, and the interest on the 10.b Packet Pg. 131 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 38 Outstanding Bonds and any Parity Debt coming due in the respective ROPS Period. These actions will include, without limitation, placing on the periodic ROPS for approval by the Oversight Board and the DOF, to the extent necessary, the amounts to be held by the Agency as a reserve until the next ROPS Period, as contemplated by paragraph (1)(A) of subdivision (d) of Section 34171 of the Dissolution Act, that are necessary to provide for the payment of principal of, premium, if any, and the interest under the Indenture when the next property tax allocation is projected to be insufficient to pay all obligations due under the Indenture for the next payment due in the following ROPS Period. The Agency hereby covenants and agrees that (i) it shall include all amounts presently due and payable to the 2021 Bond Insurer on each ROPS submission; (ii) if any amounts payable to the 2021 Bond Insurer are not included on any ROPS submission and the Agency is then legally permitted to amend such ROPS, then it shall amend its current ROPS to include such amounts payable to the 2021 Bond Insurer; and (iii) that the Agency will not submit for approval by the Oversight Board or the DOF the final amendment permitted for its Last and Final Recognized Obligation Payment Schedule as provided in the Dissolution Law without the prior consent of the 2021 Bond Insurer unless all amounts that could become due to the 2021 Bond Insurer are included as a line item on the Last and Final Recognized Obligation Payment Schedule. SECTION 6.13 Negative Pledge. The Agency may not create or allow to exist any liens on Tax Revenues senior to (except as provided in the indentures or loan agreements securing the Senior Obligations) or on a parity with the Series 2021 Bonds except as provided in Article IV hereof or as otherwise approved by the Bond Insurer. The Agency shall refund outstanding Senior Obligations on a basis senior to or on a parity with the Bonds only to the extent such refunding would be permitted by Section 34177.5(a)(1) of the Dissolution Act. SECTION 6.14 Adverse Change in State Law. If, due to an adverse change in State law resulting from legislation or the decision of a court of competent jurisdiction, the Agency determines that it can no longer comply with Section 6.12, then the Agency shall immediately notify the County Auditor-Controller and the Trustee in writing of such determination. The Agency shall immediately seek a declaratory judgment or take other appropriate action in a court of competent jurisdiction to determine the duties of all parties to the Indenture, including the County Auditor-Controller and the Agency, with regard to the performance of Section 6.12 by the Agency. The Trustee may, but is in no event obligated to, participate in the process of seeking such declaratory judgment to protect its rights hereunder. Any reasonable fees and expenses incurred by the Trustee (including, without limitation, legal fees and expenses) in connection with such participation shall be borne by the Agency. SECTION 6.15 Credits to Redevelopment Obligation Retirement Fund. The Agency covenants, subject to the prior application and lien in favor of the Senior Obligations, to credit all Tax Revenues withdrawn from the RPTTF by the County Auditor-Controller and remitted to the Trustee for the payment of the Bonds and any Parity Debt to the Redevelopment Obligation Retirement Fund established pursuant to Section 34170.5(a) of the California Health and Safety Code. 10.b Packet Pg. 132 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 39 SECTION 6.16 Compliance Costs. The Agency, to the fullest extent permitted by law, shall pay the annual Compliance Costs, from amounts on deposit in the Expense Account, including fees and disbursements of the consultants and professionals engaged in connection with the Bonds, costs of the Agency and the Trustee payable from the RPTTF. SECTION 6.17 Continuing Disclosure. The Agency hereby covenants and agrees that it will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of the Indenture, failure of the Agency to comply with the Continuing Disclosure Certificate shall not be considered an Event of Default; provided, however, the Trustee, at the written request of any Participating Underwriter (as defined in the Continuing Disclosure Certificate), or the Bondowners of at least 25% aggregate principal amount of Bonds Outstanding, shall to the extent the Trustee is indemnified to its satisfaction from and against any liability or expense related thereto, or any Bondowner or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Agency to comply with its obligations under this section and the Continuing Disclosure Certificate. For purposes of this section, “Beneficial Owner” shall mean any person which has or shares the power, directly or indirectly, to make investment decisions concerning ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). ARTICLE VII THE TRUSTEE SECTION 7.01 Appointment and Acceptance of Duties. The Trustee hereby accepts and agrees to the trusts hereby created to all of which the Agency agrees and the respective Owners of the Bonds, by their purchase and acceptance thereof, agree. SECTION 7.02 Duties, Immunities and Liability of Trustee. (a) The Trustee shall, prior to an Event of Default, and after the curing or waiver of all Events of Default which may have occurred, perform such duties and only such duties as are specifically set forth in the Indenture, and no implied duties or obligations shall be read into the Indenture against the Trustee. The Trustee shall, during the existence of any Event of Default (which has not been cured or waived), exercise the rights and powers vested in it by the Indenture, and use the same degree of care and skill in their exercise as a reasonable individual would exercise or use under the circumstances in the conduct of his own affairs. (b) Subject to Section 12.15, the Agency may, in the absence of an Event of Default, and upon receipt of an instrument or concurrent instruments in writing signed by the Owners of not less than a majority in aggregate principal amount of the Bonds then Outstanding (or their attorneys duly authorized in writing) or upon receipt of a written request of the Bond Insurer stating good cause, or upon receipt of a written request of any Bond Insurer following an Event of Default (irrespective of cause), or if at any time the Trustee shall cease to be eligible in accordance with subsection (e) of this section, or shall become incapable of acting, or shall commence a case under any bankruptcy, insolvency or similar law, or a receiver of the Trustee or of its property shall be appointed, or any 10.b Packet Pg. 133 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 40 public officer shall take control or charge of the Trustee or its property or affairs for the purpose of rehabilitation, conservation or liquidation, shall, remove the Trustee by giving written notice of such removal to the Trustee, and thereupon the Agency shall promptly appoint a successor Trustee by an instrument in writing. (c) The Trustee may, subject to (d) below, resign by giving written notice of such resignation to the Agency and the Bond Insurer and by giving notice of such resignation by mail, first class postage prepaid, to the Owners at the addresses listed in the Bond Register. Upon receiving such notice of resignation, the Agency shall promptly appoint a successor Trustee by an instrument in writing, and shall notify the Bond Insurer of such appointment. (d) Any removal or resignation of the Trustee and appointment of a successor Trustee shall become effective only upon acceptance of appointment by the successor Trustee. If no successor Trustee shall have been appointed and shall have accepted appointment within thirty (30) days of giving notice of removal or notice of resignation as aforesaid, the resigning Trustee or any Owner (on behalf of himself and all other Owners) may petition, at the expense of the Agency, any court of competent jurisdiction for the appointment of a successor Trustee, and such court may thereupon, after such notice (if any) as it may deem proper, appoint such successor Trustee. Any successor Trustee appointed under the Indenture shall signify its acceptance of such appointment by executing and delivering to the Agency and to its predecessor Trustee and the Bond Insurer a written acceptance thereof, and thereupon such successor Trustee, without any further act, deed or conveyance, shall become vested with all the moneys, estates, properties, rights, powers, trusts, duties and obligations of such predecessor Trustee, with like effect as if originally named Trustee herein; but, nevertheless, at the written request of the Agency or of the successor Trustee, such predecessor Trustee shall execute and deliver any and all instruments of conveyance or further assurance and do such other things as may reasonably be required for fully and certainly vesting in and confirming to such successor Trustee all the right, title and interest of such predecessor Trustee in and to any property held by it under the Indenture and shall pay over, transfer, assign and deliver to the successor Trustee any money or other property subject to the trusts and conditions set forth herein. Upon request of the successor Trustee, the Agency shall execute and deliver any and all instruments as may be reasonably required for fully and certainly vesting in and confirming to such successor Trustee all such moneys, estates, properties, rights, powers, trusts, duties and obligations. Upon acceptance of appointment by a successor Trustee as provided in this subsection, such successor Trustee shall mail a notice of the succession of such Trustee to the trusts hereunder by first class mail, postage prepaid, to the Owners at their addresses listed in the Bond Register. (e) Any Trustee appointed under the provisions of this section shall be a trust company or bank having the powers of a trust company or authorized to exercise trust powers, having a corporate trust office in California, having (or in the case of a bank, trust company or bank holding company which is a member of a bank holding company system, the related bank holding company shall have) a combined capital and surplus of at least fifty million dollars ($50,000,000), and subject to supervision or examination by federal or state authority. If such bank, trust company or bank holding company publishes 10.b Packet Pg. 134 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 41 a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purpose of this subsection the combined capital and surplus of such bank, trust company or bank holding company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. In case at any time the Trustee shall cease to be eligible in accordance with the provisions of this subsection, the Trustee shall resign immediately in the manner and with the effect specified in this section. (f) No provision in the Indenture shall require the Trustee to risk or expend its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder unless the Owners shall have offered to the Trustee security or indemnity it deems reasonable, against the costs, expenses and liabilities that may be incurred. (g) In accepting the trust hereby created, the Trustee acts solely as Trustee for the Owners and not in its individual capacity, and under no circumstances shall the Trustee be liable in its individual capacity for the obligations evidenced by the Bonds. (h) The Trustee makes no representation or warranty, express or implied, as to the compliance with legal requirements of the use contemplated by the Agency of the funds under the Indenture. (i) The Trustee shall not be responsible for the recording or filing of any document relating to the Indenture or of financing statements (or continuati on statements in connection therewith). The Trustee shall not be deemed to have made representations as to the security afforded thereby or as to the validity, sufficiency or priority of any such document, collateral or security of the Bonds. (j) The Trustee shall not be deemed to have knowledge of any Event of Default hereunder unless and until a Responsible Officer shall have actual knowledge thereof at the Trustee’s Principal Corporate Trust Office. (k) The Trustee shall not be accountable for the use or application by the Agency or any other party of any funds which the Trustee has released under the Indenture. (l) The Trustee shall provide a monthly accounting of all Funds held pursuant to the Indenture to the Agency within fifteen (15) Business Days after the end of each month and shall provide statements of account for each annual period beginning July 1 and ending June 30, within 90 days after the end of such period. Such accounting shall show in reasonable detail all transactions made by the Trustee under the Indenture during the accounting period and the balance in any Funds and accounts created under the Indenture as of the beginning and close of such accounting period. (m) All moneys received by the Trustee shall, until used or applied or invested as herein provided, be held in trust for the purposes for which they were received but need not be segregated from other funds except to the extent required by law. 10.b Packet Pg. 135 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 42 (n) The permissive rights of the Trustee to do things enumerated in the Indenture shall not be construed as a duty unless so specified herein. (o) The Trustee may appoint and act through an agent and shall not be responsible for any misconduct or negligence of any such agent appointed with due care. SECTION 7.03 Merger or Consolidation. Any company into which the Trustee may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Trustee may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under subsection (e) of Section 7.02, shall succeed to the rights and obligations of such Trustee without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. SECTION 7.04 Compensation. The Agency shall pay to the Trustee a reasonable compensation for its services rendered hereunder and reimburse the Trustee for reasonable expenses, disbursements and advances, including attorney’s and agent’s fees and expenses, incurred by the Trustee in the performance of its obligations hereunder. The Agency agrees, to the extent permitted by law, to indemnify the Trustee and its officers, directors, employees, attorneys and agents for, and to hold it harmless against, any loss, liability or expense incurred without negligence or willful misconduct on its part arising out of or in connection with (i) the acceptance or administration of the trusts imposed by the Indenture, including performance of its duties hereunder, including the costs and expenses of defending itself against any claims or liability in connection with the exercise or performance of any of its powers or duties hereunder (ii) the Bonds; (iii) the sale of any Bonds and the carrying out of any of the transactions contemplated by the Bonds; or (iv) any untrue statement of any material fact or omission to state a material fact necessary to make the statements made, in light of the circumstances under which they were made, not misleading in any limit ed offering memorandum, official statement or other disclosure document utilized by the Agency or under its authority in connection with the sale of the Bonds. The Agency’s obligations hereunder with respect to indemnity of the Trustee and the provision for its compensation set forth in this Article shall survive and remain valid and binding notwithstanding the maturity and payment of the Bonds, or the resignation, or removal of the Trustee. The Trustee shall have no responsibility for or liability in connection with assuring that all of the procedures or conditions to closing set forth in the contract of purchase for sale of the Bonds are satisfied, or that all documents required to be delivered on the closing date to the parties are actually delivered, except its own responsibility to receive or deliver the proceeds of the sale, deliver the Bonds and other certificates expressly required to be delivered by it and its counsel. SECTION 7.05 Liability of Trustee. The recitals of facts herein and in the Bonds contained shall be taken as statements of the Agency, and the Trustee does not assume any responsibility for the correctness of the same, and does not make any representations as to the validity or sufficiency of the Indenture or of the Bonds, and shall not incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds 10.b Packet Pg. 136 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 43 assigned to or imposed upon it; provided, that the Trustee shall be responsible for its representations contained in its certificate of authentication on the Bonds. The Trustee shall not be liable in connection with the performance of its duties hereunder except for its own negligence or willful misconduct. The Trustee (in its individual or any other capacity) may become the Owner of Bonds with the same rights it would have if it were not Trustee hereunder, and, to the extent permitted by law, may act as depository for and permit any of its officers, directors and employees to act as a member of, or in any other capacity with respect to, any committee formed to protect the rights of Owners, whether or not such committee shall represent the Owners of a majority in principal amount (or any lesser amount that may direct the Trustee in accordance with, and as provided in, the provisions of the Indenture) of the Bonds then Outstanding. The Trustee shall not be liable with respect to any action taken or omitted to be taken by it in good faith in accordance with the direction of the Bond Insurer or the Owners of a majority in principal amount (or any lesser amount that may direct the Trustee in accordance with, and as provided in, the provisions of the Indenture) of the Outstanding Bonds relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred upon the Trustee, hereunder. Whether or not therein expressly so provided, every provision of the Indenture or related documents relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Article. All indemnifications and releases from liability granted herein to the Trustee shall extend to the directors, officers, employees and agents of the Trustee. SECTION 7.06 Right to Rely on Documents. The Trustee may rely on and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, opinion, bond or other paper or document reasonably believed by it to be genuine and to have been signed or presented by the proper party or parties. The Trustee may consult with counsel, who may be counsel of or to the Agency, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection for any action taken or suffered or omitted by it hereunder in good faith and in accordance therewith. Whenever in the administration of the trusts imposed upon it by the Indenture the Trustee shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering or omitting any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may be deemed to be conclusively proved and established by an Officer’s Certificate, and such Certificate shall be full warrant to the Trustee for any action taken or suffered or omitted in good faith under the provisions of the Indenture in reliance upon such Certificate, but in its discretion the Trustee may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. The Trustee shall be entitled to advice of counsel and other professionals concerning all matters of trust and its duty hereunder, but the Trustee shall not be answerable for the professional malpractice of any attorney-at-law or certified public accountant in connection with the rendering of his professional advice in accordance with the terms of the Indenture, if such attorney-at-law or certified public accountant was selected by the Trustee with due care. SECTION 7.07 Preservation and Inspection of Documents. All documents received by the Trustee under the provisions of the Indenture shall be retained in its possession and shall be subject at all reasonable times upon prior notice to the inspection of the Agency, the 10.b Packet Pg. 137 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 44 Bond Insurer and the Owners of at least twenty-five percent (25%) of the aggregate principal amount of the Bonds, and their agents and representatives duly authorized in writing, at reasonable hours and under reasonable conditions. SECTION 7.08 Indemnity for Trustee. Before taking any action or exercising any rights or powers under the Indenture, the Trustee may require that satisfactory indemnity be furnished to it for the reimbursement of all costs and expenses which it may incur and to indemnify it against all liability, except liability which may result from its negligence or willful misconduct, by reason of any action so taken. ARTICLE VIII EXECUTION OF INSTRUMENTS BY OWNERS AND PROOF OF OWNERSHIP OF THE BONDS SECTION 8.01 Execution of Instruments; Proof of Ownership. Any request, direction, consent or other instrument in writing required or permitted by the Indenture to be signed or executed by Owners may be in any number of concurrent instruments of similar tenor by different parties and may be signed or executed by such Owners in person or by agent appointed by an instrument in writing. Proof of the execution of any such instrument and of the ownership of the Bonds shall be sufficient for any purpose of the Indenture and shall be conclusive in favor of the Trustee with regard to any action taken, suffered or omitted by either of them under such instrument if made in the following manner: (a) The fact and date of the execution by any person of any such instrument may be proved by the certificate of any officer in any jurisdiction who, by the laws thereof, has power to take acknowledgments within such jurisdiction, to the effect that the person signing such instrument acknowledged before him the execution thereof, or by an affidavit of a witness to such execution. (b) The fact of the ownership of the Bonds under the Indenture by any Owner and the serial numbers of such Bonds and the date of his ownership of the same shall be proved by the Bond Register. Nothing contained in this Article shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters in this Article stated which to it may seem sufficient. Any request or consent of the Owner of any Bond shall bind every future Owner of the same Bond and any Bond or Bonds issued in exchange or substitution therefor or upon the registration of transfer thereof in respect of anything done by the Trustee in pursuance of such request or consent. ARTICLE IX AMENDMENT OF THE INDENTURE SECTION 9.01 Amendment by Consent of Owners. The Indenture and the rights and obligations of the Agency and of the Owners may be amended at any time, upon the written consent of the Bond Insurer, by a Supplemental Indenture which shall become binding when the written consents of the Owners of sixty per cent (60%) in aggregate principal amount of Bonds Outstanding, exclusive of Bonds disqualified as provided in Section 9.02 are filed with the 10.b Packet Pg. 138 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 45 Trustee. The consent of the Bond Insurer, in place of Owner’s consent, shall be sufficient so long as the Bond Insurer’s policy is not in default and secures payments on such requisite ownership and, provided that no such amendment shall (1) extend the maturity of or reduce the interest rate on, or otherwise alter or impair the obligation of the Agency to pay the interest or principal of, and premium, if any, at the time and place and at the rate and in the currency provided herein of any Bond, without the express written consent of the Owner of such Bond, or (2) permit the creation by the Agency of any mortgage, pledge or lien upon the Tax Revenues superior to or on a parity with the pledge and lien created in the Indenture for the benefit of the Bonds, without the express written consent of the Owner of such Bond, or (3) reduce the percentage of Bonds required for the written consent to any such amendment, without the express written consent of the Owner of such Bond, or (4) modify the rights or obligations of the Trustee without its prior written assent thereto. The Indenture and the rights and obligations of the Agency and of the Owners may also be amended at any time, upon the written consent of the Bond Insurer, by a Supplemental Indenture which shall become binding upon adoption, without the consent of any Owners, but only to the extent permitted by law and only for any one or more of the following purposes: (a) To add to the covenants and agreements of the Agency in the Indenture contained, other covenants and agreements thereafter to be observed, or to surrender any right or power herein reserved to or conferred upon the Agency; (b) To make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provision contained in the Indenture, or in regard to questions arising under the Indenture, as the Agency may deem necessary or desirable and not inconsistent with the Indenture, and which shall not materially adversely affect the interests of the Owners of the Bonds; (c) To provide for the issuance of any Additional Bonds, and to provide the terms and conditions under which such Additional Bonds may be issued, subject to and in accordance with the provisions of Article IV; (d) To modify, amend or supplement the Indenture in such manner as to permit the qualification hereof under the Trust Indenture Act of 1939, as amended, or any similar federal statute hereafter in effect, and to add such other terms, conditions and provisions as may be permitted by said act or similar federal statute, and which shall not materially adversely affect the interests of the Owners of the Bonds; (e) To maintain the exclusion of interest on the Tax Exempt Bonds from gross income for federal income tax purposes; (f) To modify, amend or supplement the Indenture in such manner as to conform to changes in the Dissolution Act so long as there is no material adverse effect to holders of the Bonds; or (g) To obtain a bond insurance policy or a rating on the Bonds. 10.b Packet Pg. 139 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 46 SECTION 9.02 Disqualified Bonds. Bonds owned or held by or for the account of the Agency or the City shall not be deemed Outstanding for the purpose of any consent or other action or any calculation of Outstanding Bonds in this Article provided for, and shall not be entitled to consent to, or take any other action in this Article provided for. SECTION 9.03 Endorsement or Replacement of Bonds After Amendment. After the effective date of any action taken as hereinabove provided, the Agency may determine that the Bonds may bear a notation, by endorsement in form approved by the Agency, as to such action, and in that case upon demand of the Owner of any Bond Outstanding at su ch effective date and presentation of his Bond for the purpose at the office of the Trustee or at such additional offices as the Trustee may select and designate for that purpose, a suitable notation as to such action shall be made on such Bond. If the Agency shall so determine, new Bonds so modified as, in the opinion of the Agency, shall be necessary to conform to such action shall be prepared and executed, and in that case upon demand of the Owner of any Bond Outstanding at such effective date such new Bonds shall be exchanged at the office of the Trustee or at such additional offices as the Trustee may select and designate for that purpose, without cost to each Owner, for Bonds then Outstanding, upon surrender of such Outstanding Bonds. SECTION 9.04 Amendment by Mutual Consent. The provisions of this Article shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. SECTION 9.05 Opinion of Counsel. The Trustee may request and conclusively accept an opinion of counsel to the Agency that an amendment of the Indenture is in conformity with the provisions of this Article. SECTION 9.06 Notice to Rating Agencies. The Agency shall provide each rating agency rating the Bonds with a notice of any amendment to the Indenture pursuant to this Article and a copy of any Supplemental Indenture at least 15 days in advance of its execution. SECTION 9.07 Transcript of Proceedings to Bond Insurer. The Agency shall provide the Bond Insurer with a full transcript of the proceedings relating to the execution and delivery of any Supplemental Indenture. ARTICLE X EVENTS OF DEFAULT AND REMEDIES OF OWNERS SECTION 10.01 Events of Default and Acceleration of Maturities. If one or more of the following events (herein called “Events of Default”) shall happen, that is to say: (a) If default shall be made in the due and punctual payment of the principal of, or premium, if any, on any Bond when and as the same shall become due and payable, whether at maturity as therein expressed, by declaration or otherwise; (b) If default shall be made in the due and punctual payment of the interest on any Bond when and as the same shall become due and payable; 10.b Packet Pg. 140 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 47 (c) If default shall be made by the Agency in the observance of any of the agreements, conditions or covenants on its part in the Indenture or in the Bonds contained, and such default shall have continued for a period of thirty (30) days after the Agency shall have been given notice in writing of such default by the Trustee; provided, however, that such default shall not constitute an Event of Default hereunder if the Agency shall commence to cure such default within said 30-day period and thereafter diligently and in good faith proceed to cure such default within a reasonable period of time not to exceed 60 days after such notice; and provided further that no grace period for such covenant default shall exceed 30 days or be extended for more than 60 days without the without the prior written consent of the Bond Insurer; or (d) If the Agency shall file a petition or answer seeking reorganization or arrangement under the federal bankruptcy laws or any other applicable law of the United States of America, or if a court of competent jurisdiction shall approve a petition, filed with or without the consent of the Agency, seeking reorganization under the federal bankruptcy laws or any other applicable law of the United States of America, or if, under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the Agency or of the whole or any substantial part of its property; then, and in each and every such case during the continuance of such Event of Default, with the written consent of the Bond Insurer, the Trustee may, and upon the written request of the Owners of not less than twenty-five per cent (25%) in aggregate principal amount of Bonds Outstanding, shall, by notice in writing to the Agency, declare the principal of all of the Bonds then Outstanding, and the interest accrued thereon, to be due and payable immediately, and upon any such declaration the same shall become and shall be immediately due and payable. For all purposes under this Article X, the Bond Insurer is deemed to be an owner of one hundred percent (100%) of the Bonds insured by it unless the Bond Insurer is in default under the terms of its Bond Insurance Policy. If, at any time after the principal of the Bonds shall have been so declared due and payable, and before any judgment or decree for the payment of the money due shall have been obtained or entered, the Agency shall deposit with the Trustee a sum sufficient to pay all principal on the Outstanding Bonds and any Parity Debt matured prior to such declaration and all matured installments of interest (if any) upon all the Bonds, with interest at the rate of ten per cent (10%) per annum on such overdue installments of principal and interest, and the reasonable expenses of the Trustee, and any and all other defaults known to the Trustee (other than in the payment of principal of and interest on the Outstanding Bonds and any Parity Debt due and payable solely by reason of such declaration) shall have been made good or cured to the satisfaction of the Trustee or provision deemed by the Trustee to be adequate shall have been made therefor, then, and in every such case, the Owners of at least twenty-five per cent (25%) in aggregate principal amount of Bonds Outstanding, by written notice to the Agency and to the Trustee, may, on behalf of the Owners of all of the Bonds, rescind and annul such declaration and its consequences. No such rescission and annulment shall extend to or shall affect any subsequent default, or shall impair or exhaust any right or power consequent thereon. 10.b Packet Pg. 141 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 48 An Event of Default shall continue to exist under subsections (a) and (b) of this Section 10.01 after payment is made by the Bond Insurer when due, pursuant to the terms of its Bond Insurance Policy. SECTION 10.02 Application of Funds Upon Acceleration. All money in the funds and accounts provided for in the Indenture upon the date of the declaration of acceleration by the Trustee as provided in Section 10.01, and subject to the prior application and lien in favor of the Senior Obligations, all Tax Revenues thereafter received by the Agency hereunder, shall be transmitted to the Trustee and shall be applied by the Trustee in the following order: First, to the payment of the costs and expenses of the Trustee, if any, in carrying out the provisions of this Article, including reasonable compensation to its agents, attorneys and counsel and then to the payment of the costs and expenses of the Owners in providing for the declaration of such Event of Default, including reasonable compensation to their agents, attorneys and counsel; Second, upon presentation of the several Bonds, and the stamping thereon of the amount of the payment if only partially paid, or upon the surrender thereof if fully paid, (A) to the payment of the whole amount then owing and unpaid upon the Outstanding Bonds and any Parity Debt for principal of, and interest on the Outstanding Bonds and any Parity Debt, with interest on the overdue interest and principal at the rate of ten per cent (10%) per annum, and (B) in case such money shall be insufficient to pay in full the whole amount so owing and unpaid upon the Outstanding Bonds and any Parity Debt, then to the payment of such interest, principal, and interest on overdue interest and principal without preference or priority among such interest, principal, and interest on overdue interest and principal, ratably to the aggregate of such interest, principal, and interest on overdue interest and principal. SECTION 10.03 Trustee to Represent Bondowners. The Trustee is hereby irrevocably appointed (and the successive respective Owners of the Bonds, by taking and owning the same, shall be conclusively deemed to have so appointed the Trustee) as trustee and true and lawful attorney-in-fact of the Owners of the Bonds for the purpose of exercising and prosecuting on their behalf such rights and remedies as may be available to such Owners under the provisions of the Bonds, the Indenture, the Law and applicable provisions of any other law. Upon the occurrence and continuance of an Event of Default or other occasion giving rise to a right in the Trustee to represent the Owners of the Bonds, the Trustee in its discretion may with the consent of the Bond Insurer, and upon the written request of the Owners of not less than twenty-five per cent (25%) in aggregate principal amount of Bonds then Outstanding, and upon being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the rights of such Owners by such appropriate action, suit, mandamus or other proceedings as it shall deem most effectual to protect and enforce any such right, at law or in equity, either for the sp ecific performance of any covenant or agreement contained herein, or in aid of the execution of any power herein granted, or for the enforcement of any other appropriate legal or equitable right or remedy vested in the Trustee or in such Owners under the Indenture, the Law or any other law. All rights of action under the Indenture or the Bonds or otherwise may be prosecuted and enforced by the Trustee without the possession of any of the Bonds or the production thereof in any proceeding relating thereto, and any such suit, action or proceeding instituted by the Trustee 10.b Packet Pg. 142 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 49 shall be brought in the name of the Trustee for the benefit and protection of all the Owners of such Bonds, subject to the provisions of the Indenture. SECTION 10.04 Bondowners’ Direction of Proceedings. The Owners of a majority in aggregate principal amount of the Bonds then Outstanding shall have the right, by an instrument or concurrent instruments in writing executed and delivered to the Trustee, to direct the method of conducting all remedial proceedings taken by the Trustee hereunder; provided, that such direction shall not be otherwise than in accordance with law and the provisions of the Indenture, and that the Trustee shall have the right to decline to follow any such direction which in the opinion of the Trustee would be unjustly prejudicial to Bondowners not parties to such direction. SECTION 10.05 Limitation on Bondowners’ Right to Sue. No Owner of any Bond shall have the right to institute any suit, action or proceeding at law or in equity, for the protection or enforcement of any right or remedy under the Indenture, the Law or any other applicable law with respect to such Bond, unless (1) such Owner shall have given to the Trustee written notice of the occurrence of an Event of Default; (2) the Owners of not less than twenty- five per cent (25%) in aggregate principal amount of Bonds then Outstanding shall have made written request upon the Trustee to exercise the powers hereinbefore granted or to institute such suit, action or proceeding in its own name; (3) such Owner or said Owners shall have tendered to the Trustee reasonable indemnity against the costs, expenses and liabilities to be incurred in compliance with such request; and (4) the Trustee shall have refused or omitted to comply with such request for a period of sixty (60) days after such written request shall have been received by, and said tender of indemnity shall have been made to, the Trustee. Such notification, request, tender of indemnity and refusal or omission are hereby declared, in every case, to be conditions precedent to the exercise by any Owner of Bonds of any remedy hereunder or under law; it being understood and intended that no one or more Owner of Bonds shall have any right in any manner whatever by his or their action to affect, disturb or prejudice the security of the Indenture or the rights of any other Owners of Bonds, or to enforce any right under the Indenture, the Law or other applicable law with respect to the Bonds, except in the manner herein provided, and that all proceedings at law or in equity to enforce any such right shall be instituted, had and maintained in the manner herein provided and for the benefit and protection of all Owners of the Outstanding Bonds, subject to the provisions of the Indenture. SECTION 10.06 Non-Waiver. Nothing in this Article or in any other provision of the Indenture, or in the Bonds, shall affect or impair the obligation of the Agency, which is absolute and unconditional, to pay the principal of, and the interest on the Bonds to the respective Owners of the Bonds at the respective dates of maturity, as herein provided, out of the Tax Revenues pledged for such payment, or affect or impair the right of action, which is also absolute and unconditional, of such Owners to institute suit to enforce such payment by virtue of the contract embodied in the Bonds and in the Indenture. A waiver of any default or breach of duty or contract by any Owner shall not affect any subsequent default or breach of duty or contract, or impair any rights or remedies on any such subsequent default or breach. No delay or omission by any Owner to exercise any right or power 10.b Packet Pg. 143 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 50 accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein, and every power and rem edy conferred upon the Owners by the Law or by this Article may be enforced and exercised from time to time and as often as shall be deemed expedient by the Owners. If any suit, action or proceeding to enforce any right or exercise any remedy is abandoned or determined adversely to the Owners, the Trustee, the Agency and the Owners shall be restored to their former positions, rights and remedies as if such suit, action or proceeding had not been brought or taken. SECTION 10.07 Remedies Not Exclusive. No remedy herein conferred upon or reserved to the Trustee or the Owners is intended to be exclusive of any other remedy. Every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing, at law or in equity or by statute or otherwise, and may be exercised without exhausting and without regard to any other remedy conferred by the Law or any other law. ARTICLE XI DEFEASANCE SECTION 11.01 Discharge of Indebtedness. (a) If (i) the Agency shall pay or cause to be paid or there shall otherwise be paid to the Owners of all Outstanding Bonds the principal thereof and the interest and premium, if any, thereon at the times and in the manner stipulated herein and therein, and (ii) all other amounts due and payable hereunder shall have been paid, then the Owners shall cease to be entitled to the lien created hereby, and all agreements, covenants and other obligations of the Agency hereunder shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee shall execute and deliver to the Agency all such instruments as may be necessary or desirable to evidence such discharge and satisfaction, and the Trustee shall pay over or deliver to the Agency all money or securities held by it pursuant hereto which are not required for the payment of the principal of and interest and premium, if any, on the Bonds. (b) Subject to the provisions of subsection (a) of this section, when any Bond shall have been paid and if, at the time of such payment, the Agency shall have kept, performed and observed all of the covenants and promises in such Bonds and in the Indenture required or contemplated to be kept, performed and observed by it or on its part on or prior to that time, then the Indenture shall be considered to have been discharged in respect of such Bond and such Bond shall cease to be entitled to the lien created hereby, and all agreements, covenants and other obligations of the Agency hereunder shall cease, terminate, become void and be completely discharged and satisfied as to such Bond. (c) Notwithstanding the discharge and satisfaction of the Indenture or the discharge and satisfaction of the Indenture in respect of any Bond, those provisions of the Indenture relating to the maturity of the Bonds, interest payments and dates thereof, exchange and transfer of Bonds, replacement of mutilated, destroyed, lost or stolen Bonds, the safekeeping and cancellation of Bonds, non-presentment of Bonds, and the duties of the Trustee in connection with all of the foregoing, shall remain in effect and 10.b Packet Pg. 144 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 51 shall be binding upon the Trustee and the Owners and the Trustee shall continue to be obligated to hold in trust any moneys or investments then held by the Trustee for the payment of the principal of and interest and premium, if any, on the Bonds, to pay to the Owners of the Bonds the funds so held by the Trustee as and when such payment becomes due. SECTION 11.02 Bonds Deemed to Have Been Paid. (a) If moneys shall have been set aside and held by the Trustee for the payment or redemption of any Bond and the payment of the interest thereon to the maturity or redemption date thereof, such Bond shall be deemed to have been paid within the meaning and with the effect provided in Section 11.01 hereof. Any Outstanding Bond shall prior to the maturity date or redemption date thereof be deemed to have been paid within the meaning of and with the effect expressed in Section 11.01 hereof if: (i) there shall have been deposited with the Trustee either (A) money in an amount which shall be sufficient, or (B) Federal Securities, the principal of and the interest on which when due, and without any reinvestment thereof, will provide moneys which shall be sufficient to pay when due the interest to become due on such Bond on and prior to the maturity date or redemption date thereof, as the case may be, and the principal of and premium, if any, on such Bond, and (ii) in the event such Bond is not by its terms subject to redemption within the next succeeding 60 days, the Agency shall have given the Trustee in form satisfact ory to it irrevocable instructions to mail as soon as practicable, a notice to the owners of such Bond that the deposit required by clause (i) above has been made with the Trustee and that such Bond is deemed to have been paid in accordance with this secti on and stating the maturity date or redemption date upon which money is to be available for the payment of the principal of and premium, if any, on such Bond. Neither the money nor the Federal Securities deposited with the Trustee pursuant to this subsection in connection with the deemed payment of Bonds, nor principal or interest payments on any such Federal Securities, shall be withdrawn or used for any purpose other than, and shall be held in trust for and pledged to, the payment of the principal of and, premium, if any, and interest on such Bonds. (b) No Bond shall be deemed to have been paid pursuant to clause (i)(B) of subsection (a) of this section unless the Agency shall cause to be delivered (A) an executed copy of a Verification Report with respect to such deemed payment, addressed to the Agency and the Trustee, (B) a copy of the escrow agreement entered into in connection with the deposit pursuant to clause (i)(B) of subsection (a) of this section resulting in such deemed payment, which escrow agreement shall provide that no substitution of Federal Securities shall be permitted except with other Federal Securities and upon delivery of a new Verification Report and no reinvestment of Federal Securities shall be permitted except as contemplated by the original Verification Report or upon delivery of a new Verification Report, and (C) a copy of an opinion of counsel of recognized standing in the field of law relating to municipal bonds, dated the date of such deemed payment and addressed to the Agency and the Trustee, to the effect that such Bond has been paid within the meaning and with the effect expressed in the Indenture, 10.b Packet Pg. 145 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 52 and all agreements, covenants and other obligations of the Agency hereunder as to such Bond have ceased, terminated, become void and been completely discharged and satisfied. (c) The Trustee is entitled to rely upon (i) an opinion of counsel of recognized standing in the field of law relating to municipal bonds to the effect that the conditions precedent to a deemed payment pursuant to clause (ii) of subsection (a) of this section have been satisfied, and (ii) such other opinions, certifications and computations, of accountants or other financial consultants concerning the matters described in paragraph (a)(i) of this section. ARTICLE XII MISCELLANEOUS SECTION 12.01 Liability of Agency Limited to Tax Revenues. The Agency shall not be required to advance any money derived from any source of income other than the Tax Revenues for the payment of the principal of, and the interest on the Bonds or for the performance of any covenants herein contained, other than the covenants contained in Section 6.11 hereof. The Agency may, however, advance funds for any such purpose, provided that such funds are derived from a source legally available for such purpose. The Bonds are special obligations of the Agency and are payable, as to interest thereon and principal thereof, exclusively from the Tax Revenues, and the Agency is not obligated to pay them except from the Tax Revenues. All of the Bonds are equally secured by a pledge of, and charge and lien upon, all of the Tax Revenues, and the Tax Revenues constitute a trust fund for the security and payment of the principal of, and the interest on the Bonds, to the extent set forth in the Indenture. The Bonds are not a debt of the City, the County, the State of California or any other political subdivision of the State, and neither said City, said State, said County nor any of the State’s other political subdivisions is liable therefor, nor in any event shall the Bonds be payable out of any funds or properties other than those of the Agency pledged therefor as provided in the Indenture. The Bonds do not constitute an indebtedness within the meaning of any constitutional or statutory limitation or restriction, and neither the City Council members acting for the Agency nor any persons executing the Bonds are liable personally on the Bonds by reason of their issuance. SECTION 12.02 Parties Interested Herein. Nothing in the Indenture, expressed or implied, is intended to give to any person other than the Agency, the Trustee, the Bond Insurer and the Owners any right, remedy or claim under or by reason of the Indenture. Any covenants, stipulations, promises or agreements in the Indenture contained by and on behalf of the Agency or any City Council member or officer or employee of the Agency shall be for the sole and exclusive benefit of the Trustee, the Bond Insurer and the Owners. SECTION 12.03 Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any money held by the Trustee in trust for the payment and discharge of the interest on, or principal or prepayment premium, if any, of any Bond which remains unclaimed for two (2) years after the date when such amounts have become payable, if such money was held by the Trustee on such date, or for two (2) years after the date of deposit of such money if 10.b Packet Pg. 146 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 53 deposited with the Trustee after the date such amounts have become payable shall be paid by the Trustee to the Agency as its absolute property free from trust, and the Trustee shall thereupon be released and discharged with respect thereto and the Owners shall look only to the Agency for the payment of such amounts; provided, that before being required to make any such payment to the Agency, the Trustee shall, at the expense of the Agency, give notice by first class mail to all Owners and to the Securities Depository and the MSRB that such money remains unclaimed and that after a date named in such notice, which date shall not be less than sixty (60) days after the date of giving such notice, the balance of such money then unclaimed will be returned to the Agency. SECTION 12.04 Moneys Held for Particular Bonds. The money held by the Trustee for the payment of the principal of or premium or interest on particular Bonds due on any date (or portions of Bonds in the case of Bonds redeemed in part only) shall, on and after such date and pending such payment, be set aside on its books and held in trust by it for the Owners of the Bonds entitled thereto, subject, however, to the provisions of Section 12.03 hereof, but wit hout any liability for interest thereon. SECTION 12.05 Successor Is Deemed Included in All References to Predecessor. Whenever in the Indenture either the Agency or any City Council member or officer or employee thereof is named or referred to, such reference shall be deemed to include the successor to the powers, duties and functions, with respect to the management, administration and control of the affairs of the Agency, that are presently vested in the Agency or such City Council member, officer or employee, and all the agreements, covenants and provisions contained in the Indenture by or on behalf of the Agency or any City Council member, officer or employee thereof shall bind and inure to the benefit of the respective successors thereof whether so expressed or not. SECTION 12.06 Execution of Documents by Owners. Any request, declaration or other instrument which the Indenture may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such request, declaration or other instrument, or of such writing appointing such attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state or territory in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such notary public or other officer. The Trustee may nevertheless in its discretion require further or other proof in cases where it deems the same desirable. The ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registry books provided for in Section 2.15. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond with respect to anything done by the Agency in good faith and in accordance therewith. 10.b Packet Pg. 147 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 54 SECTION 12.07 Waiver of Personal Liability. No City Council member or officer or employee of the Agency shall be individually or personally liable for the payment of the principal of, premium, if any, and the interest on the Bonds; but nothing herein contained shall relieve any City Council member or officer or employee of the Agency from the performance of any official duty provided by law. SECTION 12.08 Acquisition of Bonds by Agency. All Bonds acquired by the Agency, whether by purchase or gift or otherwise, shall be surrendered to the Trustee for cancellation. SECTION 12.09 Destruction of Cancelled Bonds. Whenever in the Indenture provision is made for return to the Agency of any Bonds which have been cancelled pursuant to the provisions of the Indenture, the Agency may, by a Written Request of the Agency, direct the Trustee to destroy such Bonds and furnish to the Agency a certificate of such destruction. SECTION 12.10 Content of Certificates and Reports. Every certificate or report with respect to compliance with a condition or covenant provided for in the Indenture shall include (a) a statement that the person or persons making or giving such certificate or report have read such covenant or condition and the definitions herein relating thereto; (b) a brief statement as to the nature and scope of the examination or investigation upon which the statements or opinions contained in such certificate or report are based; (c) a statement that, in the opinion of the signers, they have made or caused to be made such examination or investigation as is necessary to enable them to express an informed opinion as to whether or not such covenant or condition has been complied with; and (d) a statement as to whether, in the opinion of the signers, such condition or covenant has been complied with. Any such certificate made or given by an officer of the Agency may be based, insofar as it relates to legal matters, upon a certificate or opinion of or representations by counsel, unless such officer knows that the certificate or opinion or representations with respect to the matters upon which his certificate may be based, as aforesaid, are erroneous, or in the exercise of reasonable care should have known that the same were erroneous. Any such certificate or opinion or representation made or given by counsel may be based, insofar as it relates to factual matters information with respect to which is in the possession of the Agency, upon the certificate or opinion of or representations by an officer or officers of the Agency, unless such counsel knows that the certificate or opinion or representations with respect to the matters upon which his certificate, opinion or representation may be based, as aforesaid, are erroneous, or in exercise of reasonable care should have known that the same were erroneous. SECTION 12.11 Funds and Accounts. Any fund or account required by the Indenture to be established and maintained by the Agency or the Trustee may be established and maintained in the accounting records of the Agency or the Trustee either as a fund or an account, and may, for the purposes of such records, any audits thereof and any reports or statements with respect thereto, be treated either as a fund or as an account; but all such records with respect to all such funds and accounts shall at all times be maintained in accordance with sound accounting practices and with due regard for the protection of the security of the Bonds and the rights of the Owners. 10.b Packet Pg. 148 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 55 SECTION 12.12 Article and Section Headings and References. The headings or titles of the several Articles and sections hereof, and the table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect of the Indenture. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding articles, sections or subdivisions of the Indenture; and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to the Indenture as a whole and not to any particular article, section or subdivision hereof. SECTION 12.13 Partial Invalidity. If any one or more of the agreements or covenants or portions thereof provided in the Indenture to be performed on the part of the Agency (or of the Trustee) should be contrary to law, then such agreement or agreements, such covenant or covenants, or such portions thereof, shall be null and void and shall be deemed separable from the remaining agreements and covenants or portions thereof and shall in no way affect the validity of the Indenture or of the Bonds; but the Owners shall retain all the rights and benefits accorded to them under the Law or any other applicable provisions of law. The Agency hereby declares that it would have entered into the Indenture and each and every other section, paragraph, subdivision, sentence, clause and phrase hereof and would have authorized the issuance of the Bonds pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of the Indenture or the application thereof to any person or circumstance may be held to be unconstitutional, unenforceable or invalid. SECTION 12.14 Notices. All notices required to be given hereunder to the Agency, the Trustee and the 2021 Bond Insurer, shall be sent to the following addresses: Agency: Successor Agency to the Redevelopment Agency of the City of San Bernardino 300 N.D. Street, 6th Floor San Bernardino, California 92418 Attention: Director of Finance Trustee: U.S. Bank National Association 633 West Fifth Street, 24th Floor Los Angeles, California 90071 Attention: Global Corporate Trust Services 2021 Bond Insurer: _________________ In each case in which notice or other communication refers to an Event of Default, then a copy of such notice or other communication shall also be sent to the attention of the General Counsel and shall be marked to indicate “URGENT MATERIAL ENCLOSED.” 10.b Packet Pg. 149 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 56 SECTION 12.15 2021 Bond Insurance Policy Payment and Reimbursement Provisions. The following provisions shall govern in the event of a conflict with any contrary provision of the Indenture. [To come] SECTION 12.16 Bond Insurer Notice Provisions. The Bond Insurer shall be provided with the following information by the Agency or Trustee, as the case may be:[To come] SECTION 12.17 Bond Insurer as Third Party Beneficiary. The Bond Insurer is hereby expressly made a third party beneficiary of the Indenture and each other Related Documents. SECTION 12.18 California Law. The Indenture of Trust shall be construed and governed in accordance with the laws of the State of California. [Signature page follows] 10.b Packet Pg. 150 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 S-1 IN WITNESS WHEREOF, the Agency and the Trustee have entered into this Indenture of Trust by their officers thereunto duly authorized as of the day and year first above written. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By______________________________________ City Manager of the City of San Bernardino, acting for the Successor Agency to the Redevelopment Agency of the City of San Bernardino Attest: By_________________________________ City Clerk of the City of San Bernardino, acting for the Successor Agency to the Redevelopment Agency of the City of San Bernardino U.S. BANK NATIONAL ASSOCIATION, as Trustee By______________________________________ Authorized Officer -Signature Page- Indenture of Trust 10.b Packet Pg. 151 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-1 EXHIBIT A FORM OF BOND No. R-_____ ***$________*** UNITED STATES OF AMERICA STATE OF CALIFORNIA SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TAX ALLOCATION REFUNDING BONDS [SERIES 2021A (TAX-EXEMPT)][2021B (FEDERALLY TAXABLE)] INTEREST RATE MATURITY DATE DATED DATE CUSIP ____% REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public body, corporate and politic, duly organized and existing under and pursuant to the laws of the State of California (the “Agency”), for value received hereby promises to pay to the registered owner specified above, or registered assigns, on the maturity date set forth above (subject to any right of prior redemption hereinafter mentioned) the principal sum set forth above in lawful money of the United States of America; and to pay interest thereon at the interest rate per annum set forth above in like lawful money from the date hereof. The interest on this Bond will be payable on June 1 and December 1 in each year (each an “Interest Payment Date”), commencing on [December 1, 2021]. The principal hereof and redemption premium hereon, if any, are payable upon presentation and surrender hereof at the Principal Corporate Trust Office (as defined in the Indenture) of U.S. Bank National Association (together with any successor as trustee under the Indenture hereinafter mentioned, the “Trustee”). Interest hereon is payable by check, mailed by first class mail, on each interest payment date to the owner whose name appears on the Bond Register maintained by the Trustee as of the close of business on the fifteenth day of the month preceding the month in which the interest payment date occurs (the “Record Date”), except with respect to defaulted interest for which a special record date will be established; provided, that in the case of an owner of one million dollars ($1,000,000) or more in aggregate principal amount of Bonds, upon written request of such owner to the Trustee received not later than the Record Date, such interest shall be paid on t he interest payment date in immediately available funds by wire transfer. Interest shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. This Bond is a duly authorized issue of Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series [Series 2021A (Tax- Exempt)][2021B (Federally Taxable)] (the “Bonds”), limited in aggregate principal amount to $[__________] all of like tenor and date (except for such variations, if any, as may be required to 10.b Packet Pg. 152 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-2 designate varying numbers, maturities, interest rates or redemption provisions), all issued under the provisions of the Community Redevelopment Law of the State of California, as amended including, without limitation, by Parts 1.8 (commencing with Section 34161) and 1.85 (commencing with Section 34170) (the “Law”), and pursuant to the provisions of the Indenture of Trust, dated as of April 1, 2021, by and between the Agency and U.S. Bank National Association, as trustee (the “Indenture”). Simultaneously with the issuance of the Series [2021A][2021B] Bonds, the Agency is issuing its Successor Agency to the Redevelopment Agency of the City of San Bernardino Tax Allocation Refunding Bonds, Series [Series 2021A (Tax-Exempt)][2021B (Federally Taxable)] (the “Series [2021A][2021B] Bonds”), in the aggregate principal amount of $[___________]. The Series [2021A][2021B] Bonds are on a parity with the Series [2021A][2021B] Bonds. Pursuant to and as more particularly provided in the Indenture, Additional Bonds may be issued by the Agency payable from Tax Revenues as provided in the Indenture. All Bonds are equally and ratably secured in accordance with the terms and conditions of the Indenture, and reference is hereby made to the Indenture, to any resolutions supplemental thereto and to the Law for a description of the terms on which the Bonds are issued, for the provisions with regard to the nature and extent of the security provided for the Bonds and of the nature, extent and manner of enforcement of such security, and for a statement of the rights of the registered owners of the Bonds; and all the terms of the Indenture and the Law are hereby incorporated herein and constitute a contract between the Agency and the registered owner from time to time of this Bond, and to all the provisions thereof the registered owner of this Bond, by his acceptance hereof, consents and agrees. Each registered owner hereof shall have recourse to all the provisions of the Law and the Indenture and shall be bound by all the terms and conditions thereof. The Bonds are issued to provide funds to aid in refunding outstanding bonds of the Agency as more particularly described in the Indenture. The Bonds are special obligations of the Agency and are payable, as to interest thereon, principal thereof and any premiums upon the redemption thereof, exclusively from the Tax Revenues (as that term is defined in the Indenture and herein called the “Tax Revenues”), and the Agency is not obligated to pay them except from the Tax Revenues. The Bonds are equally secured by a pledge of, and charge and lien upon, the Tax Revenues, and the Tax Revenues constitute a trust fund for the security and payment of the principal of, premium, if any, and the interest on the Bonds. The Agency hereby covenants and warrants that, for the payment of the principal of, premium, if any, and the interest on this Bond and all other Bonds issued under the Indenture when due, there has been created and will be maintained by the Trustee a special fund into which Tax Revenues shall be deposited, as provided in the Indenture, and as an irrevocable charge the Agency has allocated the Tax Revenues solely to the payment of the principal of, premium, if any, and the interest on the Bonds to the extent set forth in the Indenture, and the Agency will pay promptly when due the principal of, premium, if any, and the interest on this Bond and all other Bonds of this issue out of said special fund, all in accordance with the terms and provisions set forth in the Indenture. [This Bond shall be subject to redemption on the dates, in the amounts and in the manner provided therefor in the Indenture.] [This Bond shall not be subject to optional redemption.] 10.b Packet Pg. 153 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-3 If an Event of Default, as defined in the Indenture, shall occur, the prin cipal of all Bonds may be declared due and payable upon the conditions, in the manner and with the effect provided in the Indenture; except that the Indenture provides that in certain events such declaration and its consequences may be rescinded by the registered owners of at least twenty-five per cent (25%) in aggregate principal amount of the Bonds then Outstanding. The Bonds are issuable only in the form of fully registered Bonds in Authorized Denominations of $100,000 and integral multiple of $5,000 in excess thereof (not exceeding the principal amount of Bonds maturing at any one time). The owner of any Bond or Bonds may surrender the same at the above-mentioned office of the Trustee in exchange for an equal aggregate principal amount of fully registered Bonds of any other Authorized Denominations, in the manner, subject to the conditions and upon the payment of the charges provided in the Indenture. This Bond is transferable, as provided in the Indenture, only upon a register to be kept for that purpose at the above-mentioned office of the Trustee by the registered owner hereof in person, or by his duly authorized attorney, upon surrender of this Bond together with a written instrument of transfer satisfactory to the Trustee duly executed by the register ed owner or his duly authorized attorney, and thereupon a new fully registered Bond or Bonds, in the same aggregate principal amount, shall be issued to the transferee in exchange therefor as provided in the Indenture, and upon payment of the charges therein prescribed. The Agency and the Trustee may deem and treat the person in whose name this Bond is registered as the absolute owner hereof for the purpose of receiving payment of, or on account of, the interest hereon and principal hereof and redemption premium, if any, hereon and for all other purposes, and the Agency and the Trustee shall not be affected by any notice to the contrary. The rights and obligations of the Agency and of the registered owners of the Bonds may be amended at any time in the manner, to the extent and upon the terms provided in the Indenture, but no such amendment shall (1) extend the maturity of this Bond, or reduce the interest rate hereon, or otherwise alter or impair the obligation of the Agency to pay the interest hereon or principal hereof or any premium payable on the redemption hereof at the time and place and at the rate and in the currency provided herein, without the express written consent of the registered owner of this Bond, or (2) permit the creation by the Agency of a ny mortgage, pledge or lien upon the Tax Revenues superior to or on a parity with the pledge and lien created in the Indenture for the benefit of the Bonds and all additional tax allocation bonds authorized by the Indenture or (3) reduce the percentage of Bonds required for the written consent to an amendment of the Indenture, or (4) modify any rights or obligations of the Trustee without its prior written assent thereto; all as more fully set forth in the Indenture. This Bond is not a debt of the City of San Bernardino, the County of San Bernardino, the State of California or any other political subdivision of the State, and neither said City, said State, said County nor any of the State’s other political subdivisions is liable therefor, nor in any event shall this Bond be payable out of any funds or properties other than those of the Agency pledged therefor as provided in the Indenture. This Bond does not constitute an indebtedness within the meaning of any constitutional or statutory limitation or restriction, and neither the City Council members acting for the Agency nor any persons executing the Bonds are liable personally on this Bond by reason of its issuance. 10.b Packet Pg. 154 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-4 This Bond shall not be entitled to any benefits under the Indenture or become valid or obligatory for any purpose until the certificate of authentication and registration hereon endorsed shall have been signed by the Trustee. It is hereby certified that all of the acts, conditions and things required to exist, to have happened or to have been performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law and that the amount of this Bond, together with all other indebtedness of the Agency, does not exceed any limit prescribed by the Constitution or laws of the State of California, and is not in excess of the amount of Bonds permitted to be issued under the Indenture. Unless this Bond is presented by an authorized representative of The Depository Trust Company to the Trustee for registration of transfer, exchange or payment, and any Bond issued is registered in the name of Cede & Co. or such other name as requested by an authorized representative of The Depository Trust Company and any payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest herein. Capitalized undefined terms used herein shall have the meanings ascribed thereto in the Indenture. 10.b Packet Pg. 155 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-5 IN WITNESS WHEREOF, the Successor Agency to the Redevelopment Agency of the City of San Bernardino has caused this Bond to be executed in its name and on its behalf by the Mayor of the City of San Bernardino, acting as Chairman for the Success or Agency to the Redevelopment Agency of the City of San Bernardino and attested by the City Clerk of the City of San Bernardino, acting as Secretary for the Successor Agency to the Redevelopment Agency of the City of San Bernardino, and has caused this Bond to be dated as of the date above written.. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By_______________________________________ Mayor of the City of San Bernardino, acting as Chairman for the Successor Agency to the Redevelopment Agency of the City of San Bernardino ATTEST: ______________________________ City Clerk of the City of San Bernardino, acting as Secretary for the Successor Agency to the Redevelopment Agency of the City of San Bernardino 10.b Packet Pg. 156 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-6 [FORM OF TRUSTEE CERTIFICATE OF AUTHENTICATION AND REGISTRATION TO APPEAR ON BONDS] This is one of the Bonds described in the within- mentioned Indenture which has been authenticated and registered on the date set forth below. Dated: ___________________ U.S. BANK NATIONAL ASSOCIATION, as Trustee By_________________________________ Authorized Signatory 10.b Packet Pg. 157 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-7 (FORM OF ASSIGNMENT) For value received the undersigned do(es) hereby sell, assign and transfer unto_________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (Name, Address and Tax Identification or Social Security Number of Assignee) the within Bond and do(es) hereby irrevocably constitute and appoint ______________________ _________________________________________ attorney, to transfer the same on the books of the Trustee, with full power of substitution in the premises. Dated: _______________________ Signature Guaranteed: Note: Signature guarantee shall be made by a guarantor institution participating in the Securities Transfer Agents Medallion Program or in such other guarantee program acceptable to the Trustee. Note: The signature(s) on this Assignment must correspond with the name(s) as written on the face of the within Bond in every particular, without alteration or enlargement or any change whatsoever. 10.b Packet Pg. 158 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 A-8 STATEMENT OF INSURANCE 10.b Packet Pg. 159 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 B-1 APPENDIX B SCHEDULE OF SEMI-ANNUAL AND ANNUAL INTEREST AND PRINCIPAL PAYMENTS OF THE SERIES 2021 BONDS SERIES 2021A BONDS Annual Interest and Principal Payments: 10.b Packet Pg. 160 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33710084. 2 B-1 Semi-Annual Interest and Principal Payments: 10.b Packet Pg. 161 Attachment: Attachment 2 - Indenture of Trust (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Refunding (All 55600.00913\33723111.1 $_________ SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TAX ALLOCATION BONDS, SERIES 2021A BOND PURCHASE AGREEMENT _________ Successor Agency to the Redevelopment Agency for the City of San Bernardino c/o City of San Bernardino 290 North D Street San Bernardino, CA 92401 Ladies and Gentlemen: ________________ (the “Underwriter”), offers to enter into this Bond Purchase Agreement (this “Purchase Agreement”) with the Successor Agency to the Redevelopment Agency for the C ity of San Bernardino (the “Agency”) which will be binding upon the Agency and the Underwriter upon the acceptance hereof by the Agency. This offer is mad e subject to its acceptance by the Agency by execution of this Purchase Agreement and its delivery to the Representative on or before 5:00 p.m., California time, on the date hereof. All terms used herein and not otherwise defined shall have the respective meanings given to such terms in the Indenture (as hereinafter defined). The Agency acknowledges and agrees that: (i) the purchase and sale of the Bonds pursuant to this Purchase Agreement is an arm’s-length commercial transaction between the Agency and t he Underwriter; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principal and is not acting as a Municipal Advisor (as d efined in Section 15B of the Securities Exchange Act of 1934, as amended); (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the Agency with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the Agency on other matters); and (iv) the Agency has consulted its own legal, financial and other advisors to the extent it has deemed appropriate Municipal Advisor. 1. Purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements hereinafter set forth, the Underwriter hereby agree to purchase from the Agency for offering to the public, and the Agency hereby agrees to sell to the Underwriter for such purpose, all (but not less than all) of the $______________ aggregate principal amount of the Agency's Tax Allocation Bonds Series 2021A and [2021B] (the “Bonds”), at a purchase price equal to $_________ (being the aggregate principal amount thereof, less an Underwriter’s discount of $________and plus an original issue premium of $_____________. In 10.c Packet Pg. 162 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 2 addition, on behalf of the Agency, the Underwriter shall wire the amount of $__________to the Insurer (defined below) to pay the costs of the premium for the Policy (defined below) and the Reserve Policy (defined below). The Bonds are to be purchased by the Underwriter from the Agency. Such payment and delivery and the other actions contemplated hereby to take place at the time of such payment and delivery are herein sometimes called the “Closing.” 2. The Bonds and Related Documents. The Bonds shall be substantially in the form described in, and shall be issued and secure d under the provisions of an Indenture of Trust (the “Indenture”), dated as of _______________, 2021 by and between the Agency and U.S. Bank National Association, as trustee (the “Trustee”), Section 34177.5(a)(1) of the Health and Safety Code of the State (the “Dissolution Act”) and pursuant Part 1, Division 24 of the California Health and Safety Code (the “Law”) and Article 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”) and a resolution of the Agency adopte d ____________, 2021 (the “Agency Resolution”). The issuance of the Bonds was approved by the San Bernardino Countywide Oversight Board for the Agency by resolution on _______________, 2021 (the “Oversight Board Resolution”). The Bonds shall be as described in the Indenture and the Official Statement dated the date hereof relating to the Bonds (which, together with all exhibits and appendices included therein or attached thereto and such amendments or supplements thereto which shall be approved by the Underwriter, is hereinafter called the “Official Statement”). The Bonds shall be insured under a municipal bond insurance policy (the “Policy”) from _______________ (the “Insurer”). Additionally, the Insurer shall issue a debt service reserve fund policy (the “Reserve Policy”) for deposit in the reserve fund. The net proceeds of the Bonds will be used to refund the Redevelopment Agency for the City of San Bernardino’s (the “Former Agency”) outstanding Loan Agreement, dated as of December 1, 2010 (the “2010 Loan Agreement”), between the Former Agency and the San Bernardino Joint Powers Financing Authority (the “Authority”), which secures the San Bernardino Joint Powers Financing Authority Subordinated Tax Allocation Bonds, Series 2010A (4th Street Corridor Proj ect – Federally Taxable Recovery Zone Economic Development Bonds), originally issued in the amount of $7,065,000 of which $__________ is currently outstanding (the “Series 2010A Authority Bonds”); and (ii) Loan Agreement, dated as of January 1, 2011 (the “2011 Loan Agreement”), between the former RDA and the Authority, which secures the San Bernardino Joint Powers Financing Authority Tax Allocation Bonds, Taxable Series 2010B, originally issued in the amount of $3,220,000 of which __________ is currently outstanding (the “Series 2011 Authority Bonds” and together with the Series 2010A Authority Bonds, the “Prior Bonds”). The Agency will undertake pursuant to the provisions of a Continuing Disclosure Certificate, to be dated the date of the Closing (the “Disc losure Certificate”) and executed by the Agency, to provide certain annual information and notices of the occurrence of certain events. A description of the undertaking is set forth in the Preliminary Official Statement (as defined below) and will also be set forth in the Official Statement. The Indenture, the Continuing Disclosure Certificate, the separate Irrevocable Refunding Instructions, each dated as of _______, 2021, given by the Agency and the Authority to U.S. Bank National Association, as trustee for the Prior Bonds (the “Irrevocable Refunding Instructions”), and this Purchase Agreement are sometimes collectively referred to herein as the "Agency Legal Documents”. 10.c Packet Pg. 163 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 3 3. [Public Offering and Establishment of Issue Price. (a) The Underwriter agrees to make an initial public offering of all of the Bonds at the public offering prices (or yields) set forth on Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to cha nge the public offering prices (or yields) as the Underwriter deems necessary in connection with the marketing of the Bonds, provided that the Underwriter shall not change the interest rates set forth on Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial public offering prices. The Agency acknowledges and agrees that: (i) the purchase and sale of the Bonds pursuant to this Purchase Agreement is an arm’s length commercial transaction between the Agency and the Underwriter; (ii) in connection therewith and with the discussions, undertakings and procedures leading up to the consummation of such transaction, the Underwriter is and has been acting solely as principal and not as agent, fiduciary or Municipal Adviso r (as such term is defined in Section 15B of The Securities Exchange Act of 1934, as amended) of the Agency; (iii) the Underwriter has not assumed an advisory or fiduciary responsibility in favor of the Agency with respect to the offering contemplated hereby or the discussions, undertakings and procedures leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the Agency on other matters); (iv) the Underwriter has financial interests t hat may differ from and be adverse to those of the Agency; and (v) the Agency has consulted with its own legal and financial advisors to the extent that it has deemed appropriate. (b) The Underwriter agrees to assist the Agency in establishing the issue pr ice of the Bonds and shall execute and deliver to the Agency at Closing (as defined below) an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibi t B, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the Agency and Bond Counsel (as defined below), to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds. All actions to be taken by the Agency under this section to establish the issue price of the Bonds may be taken on behalf of the Agency by the Agency’s municipal advisor, CSG Advisors Incorporated (the “Municipal Advisor”) and any notice or report to be provided to the Agency may be provided to the Agency’s Municipal Advisor. (c) The Agency will treat the first price at which 10% of each maturity of the Bonds (the “10% test”), identified under the column “10% Test Used” in Exhibit A, is sold to the public as the issue price of that maturity (if different interest rates apply within a maturity, each separate CUSIP number within that maturity will be subject to the 10% test). At or promptly after the execution of this Bond Purchase Agreement, the Underwriter shall report to the Agency the price or prices at which it has sold to the public each maturity of Bonds. If at that time the 10% test has not been satisfied as to any maturity of the Bonds, the Underwriter agrees to p romptly report to the Agency the prices at which it sells the unsold Bonds of that maturity to the public. That reporting obligation shall continue, whether or not the Closing Date (as defined below) has occurred, until the 10% test has been satisfied as to the Bonds of that maturity or until all Bonds of that maturity have been sold to the public. (d) The Underwriter confirms that it has offered the Bonds to the public on or before the date of this Bond Purchase Agreement at the offering price or prices (the “initial offering price”), or at the corresponding yield or yields, set forth in Exhibit A attached hereto, except as otherwise set forth therein. Exhibit A also sets forth, identified under the column “Hold the Offering Price Rule Used,” as of the date of this Purchase Agreement, the maturities, if any, of the Bonds for which the 10.c Packet Pg. 164 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 4 10% test has not been satisfied and for which the Agency and the Underwriter agree that the restrictions set forth in the next sentence shall apply, which will allow the Agen cy to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: (i) the close of the fifth (5th) business day after the sale date; or (ii) the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter shall promptly advise the Agency when it has sold 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public, if that occurs prior to the close of the fifth (5th) business day after the sale date. (e) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to the Underwriter shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) “public” means any person other than an underwriter or a related party; (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the Agency (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the public); (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indire ctly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and (iv) “sale date” means the date of execution of this Bond Purchase Agreement by all parties.] 4. Use and Preparation of Documents. The Agency has caused to be prepared and delivered to the Underwriter prior to the execution of this Purchase Agreement copies of the Preliminary Official Statement dated _____________, 2021, relating to the Bonds (the "Preliminary Official Statement"), which was approved by a resolution of the Agency adopted on _____________, 2021 (the “Agency OS Resolution”). The Agency ratifies, confirms and approves the use by the Underwriter prior to the date hereof of the Preliminary Official Statement. The Agency has 10.c Packet Pg. 165 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 5 previously deemed the Preliminary Official Statement to be final as of its date for purposes of Rule 15c2-12 promulgated under the Securities Exchange Act of 1934 ("Rule 15c2-12"), except for information permitted to be omitted therefrom by Rule 15c2-12. The Agency hereby agrees to deliver or cause to be delivered to the Underwriter, within seven (7) business days of the date hereof, but not less than one (1) business day prior to Closing a sufficient number of copies of the final Official Statement relating to the Bonds, dated the date hereof, which includes all information permitted to be omitted by Rule 15c2-12 and any amendments or supplements to such Official Statement as have been approved by the Agency and the Underwriter (the "Official Statement") to enable the Underwriter to distribute a single copy of each Official Statement to any potential customer of the Underwriter requesting an Official Statement during the time period beginning when the Official Statement becomes available and ending 25 days after the End of the Underwriting Period (defined below). The Agency hereby approves of the use and distribution (including the electronic distribution) by the Underwriter of the Preliminary Official Statement and the Official Statement in connection with the offer and sale of the Bonds. The Agency shall have executed and delivered to the Underwriter a certification to such effect in the form attached hereto as Appendix C. The Underwriter agree that it will not confirm the sale of any Bonds unless the confirmation of sale is accompanied or preceded by the delivery of a copy of the Official Statement. 5. Representations, Warranties and Agreements of the Agency. The Agency hereby represents, warrants and agrees as follows: (a) The Agency is a public entity existing under the laws of the State of California, including the Dissolution Act and the Law. (b) The Agency has full legal right, power and authority to enter into the Agency Legal Documents and carry out and consummate the transactions contemplated by the Agency Legal Documents. (c) By all necessary official action of the Agency prior to or concurrently with the acceptance hereof, the Agency has duly authorized and approved the preparation and use of the Preliminary Official Statement and the Official Statement, the execution and delivery of the Official Statement and the Agency Legal Documents, and the performance by the Agency of all transactions contemplated by the Agency Legal Documents; and the Agency Legal Documents will constitute legal, valid and binding obligations of the Agency, enforceable in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors’ rights generally. (d) The Agency is not in any material respect in breach of or default under any applicable constitutional provision, law or administrative regulation to which it is subject or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement (including, without limitation, the Indenture) or other instrument to which the Agency is a party or to which the Agency or any of its property or asse ts is otherwise subject, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute such a default or event of default under any such instrument; and the execution and delivery of the Agenc y Legal Documents, and compliance with the provisions on the Agency’s part contained therein, will not conflict with or constitute a material breach of or a material default under any constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the Agency is a party or to which the Agency or any of its property or assets is otherwise subject, nor will any such execution, delivery, adoption or 10.c Packet Pg. 166 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 6 compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the Agency or under the terms of any such constitutional provision, law, regulation or instrum ent, except as provided by the Indenture. (e) Except as described in or contemplated by the Official Statement, all authorizations, approvals, licenses, permits, consents and orders of any governmental authority, board, agency or commission having jurisdiction of the matter which are required for the due authorization by, or which would constitute a condition precedent to or the absence of which would materially adversely affect the due performance by, the Agency of its obligations under the Agency Legal Documents have been duly obtained. (f) Between the date of this Purchase Agreement and the date of the Closing, the Agency will not, without the prior written consent of the Underwriter, offer or issue any bonds, notes or other obligations for borrowed money, or incur any material liabilities, direct or contingent, payable from Tax Revenues or the RPTTF Revenues (as those terms are defined in the Indenture), nor will there be any adverse change of a material nature in the financial position, results of operations or condition, financial or otherwise, of the Agency. (g) To the best knowledge of the officer of the Agency executing this Purchase Agreement, after due inquiry, as of the date hereof, there is no action, suit, proceeding, inquiry or investigation, at law or in equity before or by any court, government agency, public board or body, pending or threatened against the Agency, affecting the existence of the Agency or the titles of its officers to their respective offices, or affecting or seeking to prohibit, restrain or enjoin the execution and delivery of the Indenture or the collection of the Tax Revenues or the RPTTF Revenues or contesting or affecting, as to the Agency, the validity or enforceability of the Agency Legal Documents or contesting the exclusion from gross income of interest on the Bonds for federal income tax purposes, or contesting the completeness or accuracy of the Preliminary Official Statement or the Official Statement, or contesting the powers of the Agency, or in any way contesting or challenging the consummation of the transactions contemplated hereby, or which might result in a material adverse change in the financial condition of the Agency or which might materially adversely affect the Tax Revenues or the RPTTF Revenues; nor, to the best knowledge of the Agency, is there any known basis for any such action, suit, proceeding, inquiry or investigation, wherein an unfavorable decision, ruling or finding would materially adversely affect the validity of the authorization, execution, delivery or performance by the Agency of the Agency Legal Documents. (h) As of the time of acceptance hereof and as of the date of the Closing, the Agency does not and will not have outstanding any indebtedness which indebtedn ess is secured by a lien on the Tax Revenues or the RPTTF Revenues of the Agency superior to or on a parity with the lien provided for in the Indenture on the Tax Revenues or the RPTTF Revenues, other than as disclosed in the Official Statement. (i) As of the time of acceptance hereof and as of the date of the Closing, the Agency has complied with the filing requirements of the Law and the Dissolution Act, including, without limitation, the filing of all Recognized Obligation Payment Schedules, as required by the Law and the Dissolution Act. 10.c Packet Pg. 167 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 7 (j) As of the date thereof, the Preliminary Official Statement did not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein in light of the circumstances under which they were made, not misleading (except that this representation does not include information relating to The Depository Trust Company or the book - entry-only system, the Insurer, the Policy or the Reserve Policy). (k) As of the date thereof and at all times subsequent thereto to and including the date which is 25 days following the End of the Underwriting Period (as such term is hereinafter defined) for the Bonds, the Official Statement did not and will not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made not misleading (except that this representation does not include information relating to The Depository Trust Company or the book-entry-only system, the Insurer, the Policy or the Reserve Policy). (l) If between the date hereof and the date which is 25 days after the End of the Underwriting Period for the Bonds, an event occurs which would cause the information contained in the Official Statement, as then supplemented or amended, to contain an untrue statement of a material fact or to omit to state a material fact required to be stated therein or nece ssary to make such information herein, in the light of the circumstances under which it was presented, not misleading, the Agency will notify the Underwriter, and, if in the opinion of the Underwriter or the Agency, or respective counsel, such event requires the preparation and publication of a supplement or amendment to the Official Statement, the Agency will cooperate in the preparation of an amendment or supplement to the Official Statement in a form and manner approved by the Underwriter, and shall pay all expenses thereby incurred. For the purposes of this subsection, between the date hereof and the date which is 25 days of the End of the Underwriting Period for the Bonds, the Agency will furnish such information with respect to itself as the Underwriter may from time to time reasonably request. As used herein, the term “End of the Underwriting Period” means the later of such time as: (i) the Agency delivers the Bonds to the Underwriter; or (ii) the Underwrites do not retain, directly or as members of an underwriting syndicate, an u nsold balance of the Bonds for sale to the public. Notwithstanding the foregoing, unless the Underwriter give notice to the contrary, the “End of the Underwriting Period” shall be the date of Closing. (m) If the information contained in the Official Statement is amended or supplemented pursuant to paragraph (l) hereof, at the time of each supplement or amendment thereto and (unless subsequently again supplemented or amended pursuant to such subparagraph) at all times subsequent thereto up to and including the date which is 25 days after the End of the Underwriting Period for the Bonds, the portions of the Official Statement so supplemented or amended (including any financial and statistical data contained therein) will not contain any untrue statement of a material fact required to be stated therein or necessary to make such information therein in the light of the circumstances under which it was presented, not misleading (except that this representation does not include information relating to The Depository Tr ust Company or the book-entry-only system, the Insurer, the Policy or the Reserve Policy). (n) The Agency will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement. The Agency will advise the Underwriter promptly of the institution of any proceedings known to it by any governmental authority prohibiting or otherwise affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. 10.c Packet Pg. 168 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 8 (o) Any certificate signed by any officer of the Agency and delivered to the Underwriter shall be deemed a representation by the Agency to the Underwriter as to the statements made therein. (p) The Agency will apply the proceeds from the sale of the Bonds for the purposes specified in the Official Statement. (q) The Agency has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the Agency is not a bond issuer whose arbitrage certifications may not be relied upon. (r) The Agency will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter, at the expense of the Underwriter, as it may reasonably request in order to qualify the Bonds for offer and sale under the “blue sky” or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; provided, however, that the Agency will not be required to execute a special or general consent to service of process or qualify as a foreign corpora tion in connection with any such qualification in any jurisdiction. (s) The Agency will refrain from taking any action with regard to which the Agency may exercise control that results in the inclusion in gross income for federal income tax purposes of the interest on the Bonds or State of California income tax purposes of the interest on the Bonds. (t) Except as disclosed in the Official Statement, the Agency has not defaulted in any material respect under any prior continuing disclosure undertaking within the previous five years. (u) The Oversight Board has duly adopted the Oversight Board Resolution approving the issuance of the Bonds and no further Oversight Board approval or consent is required for the issuing of the Bonds or the consummation of the transactions de scribed in the Preliminary Official Statement. (v) The Department of Finance of the State (the “Department of Finance”) has issued a letter, dated ______________, 2021, approving the issuance of the bonds. No further Department of Finance approval or consent is required for the issuance of the Bonds or the consummation of the transactions described in the Preliminary Official Statement. Except as disclosed in the Preliminary Official Statement, the Agency is not aware of the Department of Finance directing or having any basis to direct the County Auditor-Controller to deduct unpaid unencumbered funds from future allocations of property tax to the Agency pursuant to Section 34183 of the Dissolution Act. 6. Closing. At 8:00 A.M., California time, on _____________, 2021, or on such other date as may be mutually agreed upon by the Agency and the Underwriter, the Agency will, subject to the terms and conditions hereof, sell and deliver the Bonds to the Underwriter, duly executed and authenticated, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in Section 1 hereof in federal funds. Sale, delivery and payment as afores aid shall be made at the offices of Best Best & Krieger LLP, Riverside, California (“Bond Counsel”), or such 10.c Packet Pg. 169 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 9 other place as shall have been mutually agreed upon by the Agency and the Underwriter, except that the Bonds (with one certificate for each maturit y and otherwise in a form suitable for the book-entry system) shall be delivered to the Underwriter in New York, New York, through the book-entry system of The Depository Trust Company (“DTC”). Unless the DTC Fast Automated Securities Transfer (“FAST”) is utilized, the Bonds will be made available for inspection by DTC at least one business day prior to the Closing. 7. Closing Conditions. The Underwriter have entered into this Purchase Agreement in reliance upon the representations and warranties of the Agency contained herein, and in reliance upon the representations and warranties to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the Agency of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriter’ obligations under this Purchase Agreement to purchase, to accept delivery of and to pay for the Bonds shall be conditioned upon the performance by the Agency of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and shall also be subject to the following additional conditions: (a) The Underwriter shall receive, within seven (7) business days of the date hereof, but in no event less than 1 day prior to Closing, copies of the Official Statement (including all information previously permitted to have been omitted from the Preliminary Offici al Statement by Rule 15c2-12 and any amendments or supplements as have been approved by the Underwriter), in such reasonable quantity as the Underwriter shall have requested; (b) The representations and warranties of the Agency contained herein shall be true, complete and correct on the date hereof and on and as of the date of the Closing, as if made on the date of the Closing and the statements of the officers and other officials of the Agency and the Trustee made in any certificate or other document furnished pursuant to the provisions hereof are accurate; (c) At the time of the Closing, the Agency Legal Documents shall have been duly authorized, executed and delivered by the respective parties thereto, and the Official Statement shall have been duly authorized, executed and delivered by the Agency, all in substantially the forms heretofore submitted to the Underwriter, with only such changes as shall have been agreed to in writing by the Representative, and shall be in full force and effect; and there shall be in full force and effect such resolution or resolutions of the governing body of the Agency as, in the opinion of Bond Counsel, shall be necessary or appropriate in connection with the transactions contemplated hereby; (d) At the time of the Closing, all necessary official action of the Agency relating to the Official Statement and the Agency Legal Documents shall have been taken and shall be in full force and effect and shall not have been amended, modified or supplemented in any material respect; (e) At or prior to the Closing, the Underwriter shall have received copies of each of the following documents: (1) Bond Counsel Opinions. The approving opinion of Best Best & Krieger LLP, California, Bond Counsel to the Agency, dated the date of the Closing and substantially in the form included as Appendix B to the Official Statement; 10.c Packet Pg. 170 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 10 (2) Supplemental Opinion of Bond Counsel. A supplemental opinion or opinions of Bond Counsel addressed to the Underwriter, in form and substance acceptable to the Underwriter, and dated the date of the Closing, stating that the Underwriter may rely on the opinions of Bond Counsel described in paragraph (1) above as if such opinion were addressed to the Underwriter and to the following effect: (i) the Purchase Agreement has been duly executed and d elivered by the Agency and (assuming due authorization, execution and delivery by and validity against the Underwriter) constitutes the valid and binding agreement of the Agency, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting enforcement of creditors' rights and by the application of equitable principles; (ii) the statements contained in the Officia l Statement under the captions [“THE 2021 BONDS,” “SECURITY FOR THE 2021 BONDS,” “Tax Matters,” and in Appendices A and B] insofar as such statements expressly summarize certain provisions of the Indenture or the opinion of Bond Counsel, are accurate in all material respects; (iii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Indenture is exempt from qualification pursuant to the Trust Indenture Act of 1939, as amended; and (iv) The Prior Bonds are no longer outstanding and the 2010 Indenture and the 2011 Indenture no longer have a lien on Tax Revenues. (3) Municipal Advisor Certificate. A certificate, dated the date of Closing, signed by a duly authorized official of Columbia Capital Management, LLC the Agency’s Municipal Advisor (the “Municipal Advisor”) addressed to the Underwriter and the Agency to the effect, that, in connection with its participation in the preparation of the Official Statement and without undertaking any independent investigation, and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, nothing has come to the attention of the Municipal Advisor that would lead it to believe that the statements and information contained in the Official Statement as of the date thereof and the date of the Closing, contains an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading; (4) Agency Counsel Opinion. An opinion of Counsel to the Agency (“Agency Counsel”), dated the date of the Closing and addressed to the Underwriter, in form and substance acceptable to the Underwriter to the following effect: (i) The Successor Agency is a public body corporate and politic duly organized and validly existing under the Constitution and laws of the State of California. (ii) The Indenture, this Purchase Agreement, the Continuing Disclosure Agreement and the Irrevocable Refunding Instructions (together, the “Financing Documents”) have been duly authorized, executed and delivered by the Successor Agency and constitute the valid, legal and binding agreements of the Successor Agency enforceable in accordance with their respective terms, except as the enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally and by 10.c Packet Pg. 171 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 11 the application of equitable principles, if equitable remedies are sought, and by the limitations on legal remedies imposed on actions against public agencies in the State. (iii) The Resolutions approving and authorizing the execution and delivery of the Financing Documents and approving the Preliminary Offic ial Statement have been duly adopted at meetings of the governing body of the Successor Agency, which were called and held pursuant to law and with all public notice required by law and at which a quorum was present and acting throughout, and the Resolutions are in full force and effect and have not been modified, amended or rescinded. (iv) The Official Statement has been duly authorized by the governing body of the Successor Agency and executed on its behalf by an authorized officer of the Successor Agency. (v) Except as otherwise disclosed in the Official Statement, there is no litigation, action, suit, proceeding or investigation at law or in equity before or by any court, governmental agency or body, pending by way of a summons served against the Successor Age ncy or, to the best of my knowledge, threatened against the Successor Agency (nor to my knowledge is there any basis therefore), challenging the creation, organization or existence of the Successor Agency, or the validity of the Financing Documents or seeking to restrain or enjoin any of the transactions referred to therein or contemplated hereby or thereby or contesting the authority of the Successor Agency to enter into or perform its obligations under the Financing Documents, or under which a determination adverse to the Successor Agency would have a material adverse effect upon the availability of Tax Revenues or RPTTF Revenues to pay the debt service on the Bonds, or which, in any manner, questions the right of the Successor Agency to enter into, and pe rform its obligations under, the Financing Documents. (vi) The execution and delivery of the Bonds and the Financing Documents, and compliance with the provisions of each, under the circumstances contemplated thereby, (a) to the best of our knowledge based on inquiry deemed sufficient by us for the purpose this opinion, do not and will not in any material respect conflict with or constitute on the part of the Successor Agency a breach of or default under any agreement or other instrument to which the Successor Agency is a party or by which it is bound (including the Original Indenture) and (b) do not and will not in any material respect constitute on the part of the Successor Agency a violation, breach of or default under any existing law (including without limit ation, the provisions of the California Public Resources Code §§ 21000 et seq.), regulation, court order or consent decree to which the Successor Agency is subject. (vii) The Successor Agency does not have outstanding any indebtedness which is secured by a lien on the Tax Revenues superior to or on a parity with the lien of the Bonds on such Tax Revenues, except as otherwise disclosed in the Official Statement. (viii) The Successor Agency has assumed in accordance with all applicable laws, including, but not limited to the Dissolution Act, the community redevelopment powers of the RDA with respect to the Project Area. 10.c Packet Pg. 172 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 12 (5) Trustee Counsel Opinion. The opinion of counsel to the Trustee, dated the date of the Closing, addressed to the Underwriter, to the effect that: (i) The Trustee is a national banking association, duly organized and validly existing under the laws of the United States of America, having full power to enter into, accept and administer the trusts created under the Indenture and the Irrevocable Refunding Instructions. (ii) The Indenture and the Irrevocable Refunding Instructions have been duly authorized, executed and delivered by the Trustee and the Indenture and the Irrevocable Refunding Instructions constitute the legal, valid and binding obligation of the T rustee, enforceable in accordance with its terms, except as enforcement thereof may be limited by bankruptcy, insolvency or other laws affecting the enforcement of creditors’ rights generally and by the application of equitable principles, if equitable remedies are sought. (iii) Except as may be required under Blue Sky or other securities laws of any state, no consent, approval, authorization or other action by any governmental or regulatory authority having jurisdiction over the Trustee that has not been obtaine d is or will be required for the execution and delivery of the Indenture or the Irrevocable Refunding Instructions, or the consummation of the transactions contemplated by the Indenture and the Irrevocable Refunding Instructions. (6) Agency Certificate. A certificate of the Agency, dated the date of the Closing, signed on behalf of the Agency by a duly authorized officer of the Agency, to the effect that: (i) the representations and warranties of the Agency contained herein are true and correct in all material respects on and as of the date of the Closing as if made on the date of the Closing; (ii) no event affecting the Agency has occurred since the date of the Official Statement which has not been disclosed therein or in any supplement or amendment thereto which event should be disclosed in the Official Statement in order to make the statements therein, in the light of the circumstances under which they were made, not misleading; and (iii) no further consent is required to be obtained for the inclusion of the Agency’s audited financial statements, including the accompanying accountant’s letter, for Fiscal Year 2019/2020 in the Official Statement. (7) Trustee’s Certificate. A Certificate, dated the date of Closing, to the effect that: (i) the Trustee is a national banking association duly organized and validly existing under the laws of the United States of America; (ii) the Trustee has full power, authority and legal right to comply with the terms of the Indenture and the Irrevocable Refunding Instructions and to perform its obligations stated therein; and 10.c Packet Pg. 173 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 13 (iii) the Indenture and the Irrevocable Refunding Instructions have been duly authorized, executed and delivered by the Trustee and (assuming due authorization, execution and delivery by the Agency) constitute legal, valid and binding obligat ions of the Trustee in accordance with their respective terms, except as the enforcement thereof may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or limiting creditors’ rights generally. (8) Legal Documents. Executed copies of this Purchase Agreement and the other Agency Legal Documents. (9) Rating Letter. A letter from Standard & Poor’s Credit Ratings Services (“S&P”) to the effect that the Bonds have been assigned an underlying rating of “___” and a rating of “__,” as a result of obtaining municipal bond insurance, which rating shall be in effect as of the Delivery Date. (10) Disclosure Letter. A letter of Best Best & Krieger LLP, California (“Disclosure Counsel”), dated the date of the Closing, addressed to the Underwriter, to the effect that, based upon its participation in the preparation of the Official Statement and without having undertaken to determine independently the fairness, accuracy or completeness of the statements contained in the Official Statement, such counsel has no reason to believe that, as of the date of the Closing, the Official Statement (excluding therefrom the reports, financial and statistical data and forecasts therein and the information included in the Appendices the reto and information relating to DTC, as to which no advice need be expressed) contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; (11) Fiscal Consultant Certificate. (l) A certificate of Hdl Coren & Cone, dated the date of the Closing, addressed to the Agency and the Underwriter, in form and substance acceptable to the Underwriter, certifying as to the accuracy of [APPENDIX H—“FISCAL CONSULTANT’S REPORT” and the information in the Official Statement under the captions “THE SUCCESSOR AGENCY,” and “THE NORTHWEST PROJECT AREA AND OTHER PROJECT AREAS”] consenting to the inclusion of such firm’s Fiscal Consultant Report in the Official Statement, and stating that to the best of such firm’s knowledge, but without having conducted any investigation with respect thereto, nothing has come to such firm’s attention between the date of such report and the date hereof which would materially alter any of the conclusions set forth in such report; (12) Oversight Board Resolution. A copy of the Oversight Board Resolution. (13) Oversight Board Certificate. A certificate of the Clerk of the Oversight Board to the effect that the Oversight Board Resolution was validly adopted, remains in full force and effect, and has not been amended, rescinded or otherwise modified since its date of adoption. (14) Bond Insurance Policy and Reserve Policy. The executed Policy of the Insurer insuring the scheduled payment of principal of and interest on the Bonds, substantially in the form attached as Appendix I to the Official Statement, and an executed copy of the Reserve Policy. 10.c Packet Pg. 174 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 14 (15) Insurer Counsel Opinion. An opinion of counsel to the Insurer, dated as of the date of Closing, addressed to the Underwriter and the Agency in form and substance acceptable to the Underwriter, substantially to the effect that: (i) the Insurer has been duly incorporated and is validly existing and in good standing under the laws of the State of its incorporation; (ii) the Policy and the Reserve Policy constitute the legal, valid and binding obligations of the Insurer enforceable in accordance with their terms, subject, as to enforcement, to bankruptcy, insolvency, reorganization, rehabilitation and other similar laws of general applicability relating to or affecting creditors’ and/or claimants’ rights against insurance companies and to general equity principles; and (iii) the information contained in the Official Statement under the caption “BOND INSURANCE” does not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of th e circumstances under which they were made, not misleading. (16) Additional Documents. Such additional certificates, instruments and other documents as Bond Counsel, the Agency or the Underwriter may reasonably deem necessary. All the opinions, letters, certificates, instruments and other documents mentioned above or elsewhere in this Purchase Agreement shall be deemed to be in compliance with the provisions hereof if, but only if, they are in form and substance satisfactory to the Underwriter. If the Agency or the Trustee shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds contained in this Purchase Agreement, if the Agency shall determine in good faith (and provide written notice to the Underwriter) that legislation has been introduced or proposals made by the Governor of the State which if enacted and effective would impose additional limitations or burdens on the Agency or the County by reason of the issuance of the Bonds or which purport to prohibit the issuance of the Bonds, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and the Underwriter shall be under no further obligation hereunder. 8. Termination. The Underwriter shall have the right to terminate this Purchase Agreement, without liability therefor, by notification to the Agency if at any time between the date hereof and prior to the Closing: (a) any event shall occur which causes any statement contained in the Officia l Statement to be materially misleading or results in a failure of the Official Statement to state a material fact necessary to make the statements in the Official Statement, in the light of the circumstances under which they were made, not misleading; or (b) the marketability of the Bonds or the market price thereof, in the reasonable opinion of the Underwriter, has been materially adversely affected by an amendment to the Constitution of the United States or by any legislation in or by the Congress of the Uni ted States or by the State, or the amendment of legislation pending as of the date of this Purchase Agreement in the Congress of the United States, or the recommendation to Congress or endorsement for passage (by press release, other form of notice or otherwise) of legislation by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or the proposal for consideration of legislation by either such Committee or by any member thereof, or the presentment 10.c Packet Pg. 175 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 15 of legislation for consideration as an option by either such Committee, or b y the staff of the Joint Committee on Taxation of the Congress of the United States, or the favorable reporting for passage of legislation to either House of the Congress of the United States by a Committee of such House to which such legislation has been referred for consideration, or any decision of any Federal or State court or any ruling or regulation (final, temporary or proposed) or official statement on behalf of the United States Treasury Department, the Internal Revenue Service or other federal or State authority materially adversely affecting the federal or State tax status of the Agency, or the interest on bonds or notes or obligations of the general character of the Bonds; or (c) any legislation, ordinance, rule or regulation shall be introduced in, or be enacted by any governmental body, department or agency of the State, or a decision by any court of competent jurisdiction within the State or any court of the United States shall be rendered which, in the reasonable opinion of the Underwriter, materially adversely affects the market price of the Bonds; or (d) legislation shall be enacted by the Congress of the United States, or a decision by a court of the United States shall be rendered, or a stop order, ruling, regulation or official statement by, or on behalf of, the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds, or the issuance, offering or sale of the Bonds, including all underlying obligations, as contemplated hereby or by the Official Statement, is in violation or would be in violation of, or that obligations of the general character of the Bonds, or the Bonds, are not exempt from registration under, any provision of the federal securities laws, including the Securities Act of 1933, as amended and as then in effect, or that the Indenture needs to be qualified under the Trust Indenture Act of 1939, as amended and a s then in effect; or (e) additional material restrictions not in force as of the date hereof shall have been imposed upon trading in securities generally by any governmental authority or by any national securities exchange which restrictions materially adverse ly affect the Underwriter’s ability to trade the Bonds; or (f) a general banking moratorium shall have been established by federal or State authorities; or (g) the United States has become engaged in hostilities which have resulted in a declaration of war or a national emergency or there has occurred any other outbreak of hostilities or a national or international calamity or crisis, or there has occurred any escalation of existing hostilities, calamity or crisis, financial or otherwise, the effect of which on the financial markets of the United States being such as, in the reasonable opinion of the Underwriter, would affect materially and adversely the ability of the Underwriter to market the Bonds; or (h) any rating of the Bonds shall have been downgraded, suspended or withdrawn by a national rating service, which, in the Underwriter’ reasonable opinion, materially adversely affects the marketability or market price of the Bonds; or (i) the commencement of any action, suit or proceeding described in Section 5(g) hereof which, in the judgment of the Underwriter, materially adversely affects the market price of the Bonds; or 10.c Packet Pg. 176 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 16 (j) there shall be in force a general suspension of trading on the New York Stock Exchange. 9. Expenses. The Agency will pay or cause to be paid the approved expenses incident to the performance of its obligations hereunder and certain expenses relating to the sale of the Bonds, including, but not limited to, (a) the cost of the preparation and printing or other reproduction of the Agency Legal Documents (other than this Purchase Agreement); (b) the fees and disbursements of Bond Counsel, Disclosure Counsel, the Municipal Advisor, Fiscal Consultant and any other experts or other consultants retained by the Agency; (c) the costs and fees of the credit rating agen cies; (d) the cost of preparing and delivering the definitive Bonds; (e) the cost of providing immediately available funds on the Closing Date; (f) the cost of the printing or other reproduction of the Preliminary Official Statement and Official Statement and any amendment or supplement thereto, including a reasonable number of certified or conformed copies thereof; and (g) expenses (included in the expense component of the spread) incurred on behalf of the County’s or the Agency’s employees which are incidental to implementing this Purchase Agreement. The Underwriter will pay the expenses of the preparation of this Purchase Agreement and all other expenses incurred by the Underwriter in connection with the public offering and distribution of the Bonds, the cost of a continuing disclosure undertaking compliance review, and the fee and disbursements of Underwriter’ Counsel. The Underwriter is required to pay the fees of the California Debt and Investment Advisory Commission in connection with the offering of the Bonds. The Agency acknowledges that it has had an opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate and consider such fees. Notwithstanding that such fees are solely the legal obligation of the Underwrit er, the Agency agrees to reimburse the Underwriter for such fees. The Underwriter shall pay, and the Agency shall be under no obligation to pay, all expenses incurred by the Underwriter in connection with the public offering and distribution of the Bonds. 10. Notices. Any notice or other communication to be given to the Agency under this Purchase Agreement may be given by delivering the same in writing at the Agency’s address set forth above; Attention: Chief Executive Officer, and to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to ________________________. 11. Parties in Interest. This Purchase Agreement is made solely for the benefit of the Agency and the Underwriter and no other person shall acquire or have any right hereunder or by virtue hereof. All of the representations, warranties and agreements of the Agency contained in this Purchase Agreement shall remain operative and in full force and effect, regardless of: (i) any investigations made by or on behalf of the Underwriter; (ii) delivery of and payment for the Bonds pursuant to this Purchase Agreement; and (iii) any termination of this Purchase Agreement. 12. Effectiveness and Counterpart Signatures. This Purchase Agreement shall become effective upon the execution of the acceptance by an authorized officer of the Agency and shall be valid and enforceable at the time of such acceptance and approval. This Purchase Agreement may be executed by the parties hereto by facsimile transmission and in separate counterparts, each of which when so executed and delivered (including delivery by facsimile transmission) shall be an original, but all such counterparts shall together constitute but one and the same instrument. 13. Headings. The headings of the sections of this Purchase Agreement are inserted for convenience only and shall not be deemed to be a part hereof. 10.c Packet Pg. 177 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 17 14. Governing Law. This Purchase Agreement shall be construed in accordance with the laws of the State of California. Very truly yours, __________________, Underwriter By: Its: Authorized Officer Accepted: SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF SAN BERNARDINO By: 10.c Packet Pg. 178 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 A-1 EXHIBIT A SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TAX ALLOCATION BONDS, 2020 SERIES B Maturity Date ( 1) Amount Coupon Yield Price 10%Test Satisfied 10% Test Not Satisfied Subject to Hold the offering Price Rate (Marked if used) SINKING FUND REDEMPTION Date () Amount 10.c Packet Pg. 179 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 B-1 APPENDIX B $_________ SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO TAX ALLOCATION BONDS, SERIES 2021A FORM OF ISSUE PRICE CERTIFICATE The undersigned, on behalf of ______________ hereby certifies as set forth below with respect to the sale and issuance of the above-captioned bonds (the “Bonds”). 1. Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A. 2. [Initial Offering Price of the Hold-the-Offering-Price Maturities. (a) ___________________ offered the Hold-the-Offering-Price Maturities to the Public for purchase at the respective initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire or equivalent communication for the Bonds is attached to this certificate as Schedule B. (b) As set forth in the Bond Purchase Agreement, dated October 1, 2020, by and among ___________________ and the the Successor Agency to the Redevelopment Agency of the County of San Bernardino, ___________________ has agreed in writing that, (i) for each Maturity of the Hold-the-Offering-Price Maturities, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “hold-the-offering-price rule”), and (ii) any selling group agreement shall contain the agreement of each dealer who is a member of the selling group, and any retail distribution agreement shall contain the agreement of each broker -dealer who is a party to the retail distribution agreement, to comply with the hold -the-offering-price rule. Pursuant to such agreement, no Underwriter (as defined below) has offered or sold any Maturity of the Hold -the- Offering-Price Maturities at a price that is higher than the respective Initial Offering Price for that Maturity of the Bonds during the Holding Period.] 3. Defined Terms. (a) General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.” (b) [Hold-the-Offering-Price Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “Hold-the-Offering-Price Maturities.” (c) Holding Period means, with respect to a Hold-the-Offering-Price Maturity, the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date (_________), or (ii) the date on which ___________________ has sold at least 10.c Packet Pg. 180 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 B-2 10% of such Hold-the-Offering-Price Maturity to the Public at prices that are no higher than the Initial Offering Price for such Hold-the-Offering-Price Maturity.] (d) Issuer means the Successor Agency to the Redevelopment Agency of the County of San Bernardino. (e) Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate maturities. (f) Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. (g) [Sale Date means the first day on which there is a binding contract in writing for the sale of a Maturity of the Bonds. The Sale Date of the Bonds is __________. (h) Underwriter means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph t o participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public).] The representations set forth in this certific ate are limited to factual matters only. Nothing in this certificate represents ___________________’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in the Tax Certificate and with respect to compliance with the federal income tax rules affecti ng the Bonds, and by Best Best & Krieger LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. ______, Underwriter By: Name: Dated: ________, 2021 10.c Packet Pg. 181 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 B-3 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES [AND INITIAL OFFERING PRICES OF THE HOLD-THE-OFFERING-PRICE MATURITIES] (Attached) 10.c Packet Pg. 182 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 B-4 SCHEDULE B PRICING WIRE OR EQUIVALENT COMMUNICATION (Attached) 10.c Packet Pg. 183 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33723111.1 C-1 APPENDIX C RULE 15c2-12 CERTIFICATE The undersigned hereby certifies and represents to ____________ (the “Underwriter”) that he is a duly appointed and acting officer of the Successor Agency to the Redevelopment Agency for the City of San Bernardino, and as such is to execute and deliver this Certificate and further hereby certify and reconfirm on behalf of the Agency to the Underwriter as follows: (1) This Certificate is delivered to enable the Underwriter to comply with Securities and Exchange Commission Rule 15c2-12 under the Securities Exchange Act of 1934 (the “Rule”) in connection with the offering and sale of the Successor Agency to the Redevelopment Agency of the County of San Bernardino (__________) Tax Allocation Bonds, 2020 Series B (the “Bonds”). (2) In connection with the offering and sale of the Bonds, there has been prepared a Preliminary Official Statement, dated as of September 24, 2020, setting forth information concerning the Bonds (the “Preliminary Official Statement”). (3) As used herein, “Permitted Omissions” shall mean the offering price(s), interest rate(s), selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings and other terms of the Bonds depending on such matters and the identity of the underwriter(s), all with respect to the Bonds. (4) The Preliminary Official Statement is, except for the Permitted Omissions, deemed final within the meaning of the Rule, and the information therein is accurate and complete in all material respects except for the Permitted Omissions. IN WITNESS WHEREOF, I have hereunto set my hand as of the _____________. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY FOR THE CITY OF SAN BERNARDINO By Authorized Officer 10.c Packet Pg. 184 Attachment: Attachment 3 - Bond Purchase Agreement (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 55600.00913\33722355.1 IRREVOCABLE REFUNDING INSTRUCTIONS These IRREVOCABLE REFUNDING INSTRUCTIONS (these “Instructions”), dated as of -___________, 2021 are given by the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public entity existing under the laws of the State of California (the “Successor Agency”), as successor agency to the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the “Former Agency”), to U.S. BANK NATIONAL ASSOCIATION., a national banking association organized and existing under the laws of the United States of America, acting as trustee (the “Trustee”) for the hereinafter defined 2010 Bonds; W l T N E S S E T H : WHEREAS, the Former Agency has previously issued its outstanding Loan Agreement, dated as of December 1, 2010 (the “2010 Loan Agreement”), between the former RDA and the San Bernardino Joint Powers Financing Authority (the “Authority”), which secures the San Bernardino Joint Powers Financing Authority Subordinated Tax Allocation Bonds, Series 2010A (4th Street Corridor Project – Federally Taxable Recovery Zone Economic Development Bonds), originally issued in the amount of $7,065,000 of which $__________ is currently outstanding (the “Prior Bonds”) issued under an Indenture of Trust (the “Prior Indenture”), dated as of December 1, 2010, by and between the Authority and U.S. Bank, National Association, as trustee; Prior Bonds and WHEREAS, by implementation of California Assembly Bill X1 26, which amended provisions of the California Redevelopment Law, (found at Health and Safety Code Section 33000, et seq.) and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos, the Former Agency was dissolved on February 1, 2012 in accordance with California Assembly Bill X1 26 approved by the Governor of the State of California on June 28, 2011 (“AB 26”), and on February 1, 2012, the Successor Agency, in accordance with and pursuant to AB 26, assumed the duties and obligations set forth in AB 26 for the Former Agency, including, without limitation, the obligations of the Former Agency under the Prior Indenture and related documents to which the Former Agency was a party; and WHEREAS, the Successor Agency has determined that it is in the best financial interests of the Successor Agency to refund, at this time, the outstanding Prior Bonds2010 Loan Agreement and the Prior Bonds; and WHEREAS, in order to provide funds for such purpose, the Successor Agency is issuing 2021 Tax Allocation Refunding Bonds (the “2021 Bonds”) and applying a portion of the proceeds thereof, together with certain other moneys, to defease and redeem the outstanding Prior Bonds; and WHEREAS, the 2021 Bonds are being issued pursuant to an Indenture of Trust, dated as of ______________, 2021 (the “2021 Indenture”) between the Successor Agency and U.S. Bank National Association., as 2021 Trustee (the “2021 Trustee”); and WHEREAS, the Successor Agency and the Authority wish to give these Instructions to the Trustee for the purpose of providing the terms and conditions relating to the deposit and 10.d Packet Pg. 185 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 2 application of moneys to provide for the payment and redemption of all of the outstanding Prior Bonds. NOW, THEREFORE, the Successor Agency and the Authority hereby irrevocably instructs the Trustee as follows: Section 1. Establishment of the Prior Bonds Redemption Fund. The Trustee shall establish and hold, separate and apart from all other funds and accounts held by it, a special fund known as the “Prior Bonds Redemption Fund” (the “Redemption Fund”) established in the Indenture pursuant to Section 5.04. All amounts on deposit in the Redemption Fund are hereby irrevocably pledged as a special trust fund for the redemption or payment at maturity of the outstanding Prior Bonds, as identified in Schedule 1 attached hereto, on __________, 2021. Neither the Trustee nor any other person shall have a lien upon or right of set off against the amounts at any time on deposit in the Redemption Fund, and such amounts shall be applied only as provided herein. Section 2. Deposit into the Prior Bonds Redemption Fund; Investment of Amounts. Concurrently with delivery of the 2021 Bonds, the Successor Agency shall cause to be deposited in the Redemption Fund the amount of $______________ in immediately available funds which represents the current balance in the Bond Fund in the amount of $______________ (which the Trustee is instructed to transfer to the Redemption Fund) and $______________ of 2021 Bonds proceeds which the Trustee is hereby instructed to receive from the 2021 Trustee. The Successor Agency and the Authority hereby direct the Trustee to invest such funds as set forth in Exhibit A hereto. The Successor Agency and the Authority signifies that by making the deposit described herein, it is discharging a portion of the outstanding Prior Bonds pursuant to Sections 10.03 of the Indenture. Section 3. Proceedings for Redemption of Prior Bonds. The Successor Agency and the Authority hereby irrevocably elect, and direct the Trustee, to redeem, on ________________, 2021, from amounts on deposit in the Redemption Fund, the outstanding Prior Bonds pursuant to the provisions of the Indenture. The Trustee shall give notice of such redemption, attached hereto as Exhibit B, in accordance with the Indenture in order to allow for the redemption of the Prior Bonds on ________, 2021. Section 4. Application of Funds to Redeem Prior Bonds. The Trustee shall apply the amounts on deposit in the Redemption Fund to redeem the outstanding Prior Bonds, as identified in Schedule 1 attached hereto, on ___________, 2021 at a price equal to 100% of the principal amount thereof plus accrued and unpaid interest, all in accordance with the Indenture. Section 5. Transfer of Remaining Funds. Any amounts on deposit in the Redemption Fund shall be used for the purpose of paying interest on and the principal of any outstanding Prior Bonds pursuant to the Indenture. Any amounts on deposit in the Redemption Fund or any other funds and accounts related to the Prior Bonds following redemption or defeasance of the Outstanding Prior Bonds shall be transferred to the 2021 Trustee for deposit to the Interest 10.d Packet Pg. 186 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 3 Account established under the 2021 Indenture to be used solely for the purpose of paying interest on the Series 2021 Bonds. Section 6. Amendment. These Instructions shall be irrevocable by the Successor Agency and the Authority. These Instructions may be amended or supplemented by the Successor Agency and the Authority, but only if the Successor Agency and the Authority shall file with the Trustee a certification of an independent accountant or independent financial adviser engaged by the Successor Agency stating that such amendment or supplement will not affect the sufficiency of funds invested and held hereunder to make the payments required by Section 4. Section 7. Application of Certain Terms of the Indenture. All of the terms of the Indenture relating to the payment of principal of and interest and repayment premium, if any, on the Prior Bonds and the redemption thereof, and the protections, immunities and limitations from liability afforded the Trustee, are incorporated in these Instructions as if set forth in full herein. Section 8. Counterparts. These Instructions may be signed in several counterparts, each of which will constitute an original, but all of which will constitute one and the same instrument. [Signature page follows] 10.d Packet Pg. 187 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 S-1 Section 9. Governing Law. These Instructions shall be construed in accordance with and governed by the laws of the State of California. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: ________, Chair SAN BERNARDINO JOINT POWER FINANCING AUTHORITY By: ________, Chair ACCEPTED: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Officer -Signature Page- Irrevocable Refunding Instructions 10.d Packet Pg. 188 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 Schedule-1 SCHEDULE 1 BONDS TO BE PAID AT MATURITY OR REDEEMED CUSIP (Base CUSIP: 960620) Maturity () Principal Amount Rate 10.d Packet Pg. 189 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 A-1 EXHIBIT A PAYMENT SCHEDULE OF PRIOR PAYMENTS Date Principal Interest Net Escrow Receipts ESCROW COST SUMMARY Type of Security Maturity Date Par Amount Rate Total Cost Purchase Date Cost of Securities Cash Deposit Total Escrow Cost Yield ESCROW REQUIREMENTS Period Ending Principal Interest Principal Redeemed Total ESCROW SECURITIES Purchase Date Type of Security Type of SLGS Maturity Date First Int Print Date Par Amount Rate Max Rate 10.d Packet Pg. 190 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 B-1 EXHIBIT B $_________ San Bernardino Joint Powers Financing Authority 2010 Tax Allocation Bonds NOTICE OF FULL OPTIONAL REDEMPTION NOTICE IS HEREBY GIVEN that on ______________, 2021 (the “Redemption Date”), the above-captioned bonds (the “Bonds”) have been called for redemption pursuant to Section _____ of the Indenture of Trust, dated as of December 1, 2010, by and between U.S. Bank National Association, as trustee (the “Trustee”) and the San Bernardino Joint Powers Authority (the “Authority”). The Bonds will be redeemed at 100% of the principal amount plus accrued interest (the “Redemption Price”). Interest will be paid in the usual manner. The Bond CUSIP numbers and maturity dates are listed below: CUSIP Number (Base CUSIP: Principal Amount Maturity Date (August 1) [Balance of this page intentionally left blank.] 10.d Packet Pg. 191 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722355.1 B-2 The Bonds are due and payable at the office of the Trustee on Redemption Date. Interest will cease to accrue on the Bonds from and after the Redemption Date. The Bonds should be presented for redemption to the office of the Trustee at the following address: [to come] To avoid a 28% back-up withholding tax required by Federal law, holders of Bonds must submit with their Bonds a completed IRS Form W-9. The CUSIP number has been assigned by Standard & Poor’s Corporation and is included solely for the convenience of the holders of Bonds. Neither the Former Agency nor the Trustee shall be responsible for the selection or use of the CUSIP numbers nor is any representation made as to their correctness on the Bonds or as indicated in any redemption Notice. Dated: _______________ U.S. BANK NATIONAL ASSOCIATION, as Trustee for SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY 10.d Packet Pg. 192 Attachment: Attachment 4 - Irrevocable Refunding Instructions - 2010A Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 IRREVOCABLE REFUNDING INSTRUCTIONS These IRREVOCABLE REFUNDING INSTRUCTIONS (these “Instructions”), dated as of -___________, 2021 are given by the SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public entity existing under the laws of the State of California (the “Successor Agency”), as successor agency to the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the “Former Agency”), to U.S. BANK NATIONAL ASSOCIATION., a national banking association organized and existing under the laws of the United States of America, acting as trustee (the “Trustee”) for the hereinafter defined 2010 Bonds; W l T N E S S E T H : WHEREAS, the Former Agency has previously issued its Loan Agreement, dated as of January 1, 2011 (the “2011 Loan Agreement”), between the former RDA and the Authority, which secures the San Bernardino Joint Powers Financing Authority Tax Allocation Bonds, Taxable Series 2010B, originally issued in the amount of $3,220,000 of which $1,820,000 is currently outstanding (the “Series 2011 Authority Bonds” or the “Prior Bonds”) issued under an Indenture of Trust (the “Prior Indenture”), dated as of January 1, 2011, by and between the Authority and U.S. Bank, National Association, as trustee; Prior Bonds and WHEREAS, by implementation of California Assembly Bill X1 26, which amended provisions of the California Redevelopment Law, (found at Health and Safety Code Section 33000, et seq.) and the California Supreme Court’s decision in California Redevelopment Association v. Matosantos, the Former Agency was dissolved on February 1, 2012 in accordance with California Assembly Bill X1 26 approved by the Governor of the State of California on June 28, 2011 (“AB 26”), and on February 1, 2012, the Successor Agency, in accordance with and pursuant to AB 26, assumed the duties and obligations set forth in AB 26 for the Former Agency, including, without limitation, the obligations of the Former Agency under the Prior Indenture and related documents to which the Former Agency was a party; and WHEREAS, under Section 34191.4(c)(2)(C), remaining bond proceeds that cannot be spent pursuant to Section 34191.4(c)(2)(B) shall be used at the earliest date permissible under the applicable bond covenants to defease the bonds or to purchase those same outstanding bonds on the open market for cancellation; WHEREAS, the Successor Agency has unexpended proceeds of the 2011 Loan Agreement and has determined that such proceeds cannot be spent in a manner consistent with the original bond covenants pursuant to 34191.4(c)(2)(B); WHEREAS, in accordance with Section 34191.4(c)(2)(C) the Successor Agency desires to use a portion of the unexpended proceeds of the 2011 Loan Agreement (the “Unexpended Proceeds”) to defease the 2011 Loan Agreement and the corresponding Series 2011 Authority Bonds which remain outstanding, and if there are any remaining unexpended proceeds of the 2011 Loan Agreement after the defeasance of the 2011 Loan Agreement, that such remaining unexpended proceeds shall be used to pay expenses relating to the defeasance thereof, including the preparation of a final rebate calculation, and any remaining proceeds shall be used to defease 10.e Packet Pg. 193 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 2 other obligations of the RDA and Successor Agency as further instructed by the Successor Agency; WHEREAS, the Successor Agency and the Authority wish to give these Instructions to the Trustee for the purpose of providing the terms and conditions relating to the deposit and application of moneys to provide for the payment and redemption of all of the outstanding Prior Bonds. NOW, THEREFORE, the Successor Agency and the Authority hereby irrevocably instructs the Trustee as follows: Section 1. Establishment of the Prior Bonds Redemption Fund. The Trustee shall establish and hold, separate and apart from all other funds and accounts held by it, a special fund known as the “Prior Bonds Redemption Fund” (the “Redemption Fund”) established in the Indenture pursuant to Section 5.04. All amounts on deposit in the Redemption Fund are hereby irrevocably pledged as a special trust fund for the redemption or payment at maturity of the outstanding Prior Bonds, as identified in Schedule 1 attached hereto, on __________, 2021. Neither the Trustee nor any other person shall have a lien upon or right of set off against the amounts at any time on deposit in the Redemption Fund, and such amounts shall be applied only as provided herein. Section 2. Deposit into the Prior Bonds Redemption Fund; Investment of Amounts. The Successor Agency shall cause to be deposited in the Redemption Fund the amount of $______________ in immediately available funds which represents the current balance in the Bond Fund in the amount of $______________ (which the Trustee is instructed to transfer to the Redemption Fund), $________ on deposit in the Reserve Fund, and $______________ on deposit in the Project Fund. The Successor Agency and the Authority hereby direct the Trustee to invest such funds as set forth in Exhibit A hereto. The Successor Agency and the Authority signifies that by making the deposit described herein, it is discharging a portion of the outstanding Prior Bonds pursuant to Sections 10.03 of the Indenture. Section 3. Proceedings for Redemption of Prior Bonds. The Successor Agency and the Authority hereby irrevocably elect, and direct the Trustee, to redeem, on ___________________, 2021, from amounts on deposit in the Redemption Fund, the outstanding Prior Bonds pursuant to the provisions of the Indenture. The Trustee shall give notice of such redemption, attached hereto as Exhibit B, in accordance with the Indenture in order to allow for the redemption of the Prior Bonds on ________, 2021. Section 4. Application of Funds to Redeem Prior Bonds. The Trustee shall apply the amounts on deposit in the Redemption Fund to redeem the outstanding Prior Bonds, as identified in Schedule 1 attached hereto, on ___________, 2021 at a price equal to 100% of the principal amount thereof plus accrued and unpaid interest, all in accordance with the Indenture. Section 5. Transfer of Remaining Funds. Any funds which remain in the funds and accounts established for the Prior Bonds shall be transferred to the following bank for deposit: [to come]. 10.e Packet Pg. 194 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 3 Section 6. Amendment. These Instructions shall be irrevocable by the Successor Agency and the Authority. These Instructions may be amended or supplemented by the Successor Agency and the Authority, but only if the Successor Agency and the Authority shall file with the Trustee a certification of an independent accountant or independent financial adviser engaged by the Successor Agency stating that such amendment or supplement will not affect the sufficiency of funds invested and held hereunder to make the payments required by Section 4. Section 7. Application of Certain Terms of the Indenture. All of the terms of the Indenture relating to the payment of principal of and interest and repayment premium, if any, on the Prior Bonds and the redemption thereof, and the protections, immunities and limitations from liability afforded the Trustee, are incorporated in these Instructions as if set forth in full herein. Section 8. Counterparts. These Instructions may be signed in several counterparts, each of which will constitute an original, but all of which will constitute one and the same instrument. [Signature page follows] 10.e Packet Pg. 195 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 S-1 Section 9. Governing Law. These Instructions shall be construed in accordance with and governed by the laws of the State of California. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: ________, Chair SAN BERNARDINO JOINT POWER FINANCING AUTHORITY By: ________, Chair ACCEPTED: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Authorized Officer -Signature Page- Irrevocable Refunding Instructions 10.e Packet Pg. 196 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 Schedule-1 SCHEDULE 1 BONDS TO BE PAID AT MATURITY OR REDEEMED CUSIP (Base CUSIP: ______) Maturity () Principal Amount Rate 10.e Packet Pg. 197 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 A-1 EXHIBIT A PAYMENT SCHEDULE OF PRIOR PAYMENTS Date Principal Interest Net Escrow Receipts ESCROW COST SUMMARY Type of Security Maturity Date Par Amount Rate Total Cost Purchase Date Cost of Securities Cash Deposit Total Escrow Cost Yield ESCROW REQUIREMENTS Period Ending Principal Interest Principal Redeemed Total ESCROW SECURITIES Purchase Date Type of Security Type of SLGS Maturity Date First Int Print Date Par Amount Rate Max Rate 10.e Packet Pg. 198 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 B-1 EXHIBIT B $_________ San Bernardino Joint Powers Financing Authority Tax Allocation Bonds, Series 2010B NOTICE OF FULL OPTIONAL REDEMPTION NOTICE IS HEREBY GIVEN that on ______________, 2021 (the “Redemption Date”), the above-captioned bonds (the “Bonds”) have been called for redemption pursuant to Section _____ of the Indenture of Trust, dated as of December 1, 2010, by and between U.S. Bank National Association, as trustee (the “Trustee”) and the San Bernardino Joint Powers Authority (the “Authority”). The Bonds will be redeemed at 100% of the principal amount plus accrued interest (the “Redemption Price”). Interest will be paid in the usual manner. The Bond CUSIP numbers and maturity dates are listed below: CUSIP Number (Base CUSIP: Principal Amount Maturity Date (August 1) [Balance of this page intentionally left blank.] 10.e Packet Pg. 199 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722415.2 B-2 The Bonds are due and payable at the office of the Trustee on Redemption Date. Interest will cease to accrue on the Bonds from and after the Redemption Date. The Bonds should be presented for redemption to the office of the Trustee at the following address: [to come] To avoid a 28% back-up withholding tax required by Federal law, holders of Bonds must submit with their Bonds a completed IRS Form W-9. The CUSIP number has been assigned by Standard & Poor’s Corporation and is included solely for the convenience of the holders of Bonds. Neither the Former Agency nor the Trustee shall be responsible for the selection or use of the CUSIP numbers nor is any representation made as to their correctness on the Bonds or as indicated in any redemption Notice. Dated: _______________ U.S. BANK NATIONAL ASSOCIATION, as Trustee for SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY 10.e Packet Pg. 200 Attachment: Attachment 5 - Irrevocable Refunding Instructions - 2010B Bonds (7166 : Successor Agency Action: 2010A and 2010B Series Tax 55600.00913\33722964.1 CONTINUING DISCLOSURE CERTIFICATE This CONTINUING DISCLOSURE CERTIFICATE (this “Disclosure Certificate”) is executed and delivered by the Successor Agency to the Redevelopment Agency of the City of San Bernardino (the “Successor Agency”) in connection with the execution and delivery of the Successor Agency to the Redevelopment Agency of the City of San Bernardino, Tax Allocation Refunding Bonds, Series 2021A (Federally Taxable) (the “Bonds”). The Bonds are being executed and delivered pursuant to an Indenture of Trust, dated as of ____________, 2021, by and between the Successor Agency and U.S. Bank National Association, as trustee (the “Indenture”). The Successor Agency covenants and agrees as follows: Section 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Successor Agency for the benefit of the holders and beneficial owners of the Bonds. This Disclosure Certificate is not intended to comply with the requirements of Rule 15c2-12(b)(5) of the Securities Exchange Act of 1934 (the “Rule”). Section 2. Definitions. In addition to the definitions set forth above and in the Indenture, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section 2, the following capitalized terms shall have the following meanings: “Annual Report” means any Annual Report provided by the Successor Agency pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Annual Report Date” means each March 31, commencing March 31, _____, or the date that is nine months after the end of the Successor Agency’s fiscal year if the Successor Agency’s fiscal year is changed (the Successor Agency’s fiscal year currently ends June 30). “Dissemination Agent” means the Successor Agency, or any successor Dissemination Agent designated in writing by the Successor Agency and which has filed with the Successor Agency a written acceptance of such designation. “Listed Events” means any of the events listed in Section 5(a) of this Disclosure Certificate. “Official Statement” means the final Official Statement executed by the Successor Agency in connection with the issuance of the Bonds. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. “Participating Underwriter” means __________________________., the original underwriter of the Bonds. 10.f Packet Pg. 201 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 2 55600.00913\33722964.1 Section 3. Provision of Annual Reports. (a) The Successor Agency shall, or shall cause the Dissemination Agent to, not later than the Annual Report Date, commencing March 31, _________ with the report for the 2021-22 fiscal year, provide to the MSRB, in an electronic format as prescribed by the MSRB, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 Business Days prior to the Annual Report Date, the Successor Agency shall provide the Annual Report to the Dissemination Agent (if other than the Successor Agency). If by 15 Business Days prior to the Annual Report Date the Dissemination Agent (if other than the Successor Agency) has not received a copy of the Annual Report, the Dissemination Agent shall contact the Successor Agency to determine if the Successor Agency is in compliance with the previous sentence. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the Successor Agency may be submitted separately from the balance of the Annual Report, and later than the Annual Report Date, if not available by that date. If the Successor Agency’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(c). The Successor Agency shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the Successor Agency hereunder. (b) If the Successor Agency does not provide (or cause the Dissemination Agent to provide) an Annual Report by the Annual Report Date, the Successor Agency shall provide (or cause the Dissemination Agent to provide) to the MSRB, in an electronic format as prescribed by the MSRB, a notice in substantially the form attached as Exhibit A. (c) With respect to each Annual Report, the Dissemination Agent shall: (i) determine each year prior to the Annual Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and (ii) if the Dissemination Agent is other than the Successor Agency, file a report with the Successor Agency certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided. Section 4. Content of Annual Reports. The Annual Report shall contain or incorporate by reference the following: (a) Financial statements filed on or before the Annual Report Date, financial information and operating data with respect to the Successor Agency for the preceding fiscal year, substantially similar to that provided in the corresponding tables in the Official Statement: (i) Principal amount of Bonds outstanding. (ii) Description of issuance by the Successor Agency of any debt payable from or secured by a pledge of Tax Revenues in the Project Areas (as defined in the 10.f Packet Pg. 202 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 3 55600.00913\33722964.1 Official Statement) in the most recently completed fiscal year (including details as to date, amount, term, rating and insurance). (iii) An estimate of the Agency’s cash flow for the next June 1 and January 2 Redevelopment Property Tax Trust Fund distributions following the date of the Annual Report, in the form of Table __ of the Official Statement. (iv) The total assessed value of property in the combined Project Areas for the current fiscal year in the form of Table __ in the Official Statement. (v) The ten largest local secured property taxpayers in the combined Project Areas in the form of Table __ to the Official Statement. (vi) The coverage ratio provided by Tax Revenues in the combined Project Areas with respect to debt service on the Bonds and any Parity Bonds for the most recently completed fiscal year only, in the form of Table _ in the Official Statement, without any requirement to update any projected Tax Revenues set forth in Table _. (b) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the Successor Agency and financial statements of the City of San Bernardino or related public entities, which are available to the public on the MSRB’s Internet web site or filed with the Securities and Exchange Commission. The Successor Agency shall clearly identify each such other document so included by reference. Section 5. Reporting of Significant Events. (a) The Successor Agency shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to the Bonds: (1) Principal and interest payment delinquencies. (2) Non-payment related defaults, if material. (3) Unscheduled draws on debt service reserves reflecting financial difficulties. (4) Unscheduled draws on credit enhancements reflecting financial difficulties. (5) Substitution of credit or liquidity providers, or their failure to perform. (6) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security. (7) Modifications to rights of security holders, if material. 10.f Packet Pg. 203 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 4 55600.00913\33722964.1 (8) Bond calls, if material, and tender offers. (9) Defeasances. (10) Release, substitution, or sale of property securing repayment of the securities, if material. (11) Rating changes. (12) Bankruptcy, insolvency, receivership or similar event of the Successor Agency or other obligated person. (13) The consummation of a merger, consolidation, or acquisition involving the Successor Agency or an obligated person, or the sale of all or substantially all of the assets of the Successor Agency or an obligated person (other than in the ordinary course of business), the entry into a definitive agreement to undertake such an action, or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material. (14) Appointment of a successor or additional trustee or the change of name of a trustee, if material. (b) Whenever the Successor Agency obtains knowledge of the occurrence of a Listed Event, the Successor Agency shall, or shall cause the Dissemination Agent (if not the Successor Agency) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(8) and (9) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds under the Indenture. (c) The Successor Agency acknowledges that the events described in subparagraphs (a)(2), (a)(7), (a)(8) (if the event is a bond call), (a)(10), (a)(13), and (a)(14) of this Section 5 contain the qualifier “if material” and that subparagraph (a)(6) also contains the qualifier “material” with respect to certain notices, determinations or other events affecting the tax status of the Bonds. The Successor Agency shall cause a notice to be filed as set forth in paragraph (b) above with respect to any such event only to the extent that it determines the event’s occurrence is material for purposes of U.S. federal securities law. Whenever the Successor Agency obtains knowledge of the occurrence of any of these Listed Events, the Successor Agency will as soon as possible determine if such event would be material under applicable federal securities law. If such event is determined to be material, the Successor Agency will cause a notice to be filed as set forth in paragraph (b) above. (d) For purposes of this Disclosure Certificate, any event described in paragraph (a)(12) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the Successor Agency in a proceeding under the United States Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or 10.f Packet Pg. 204 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 5 55600.00913\33722964.1 business of the Successor Agency, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Successor Agency. Section 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB under the Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. Section 7. Termination of Reporting Obligation. The Successor Agency’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the Successor Agency shall give notice of such termination in the same manner as for a Listed Event under Section 5(c). Section 8. Dissemination Agent. The Successor Agency may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may discharge any Dissemination Agent, with or without appointing a successor Dissemination Agent. Any Dissemination Agent may resign by providing 30 days’ written notice to the Successor Agency. Section 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Successor Agency may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of an obligated person with respect to the Bonds, or type of business conducted; (b) the undertakings herein, as proposed to be amended or waived, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the primary offering of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and (c) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Indenture for amendments to the Indenture with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first Annual Report filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. 10.f Packet Pg. 205 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 6 55600.00913\33722964.1 If an amendment is made to this Disclosure Certificate modifying the accounting principles to be followed in preparing financial statements, the Annual Report for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the Successor Agency to meet its obligations. To the extent reasonably feasible, the comparison shall be quantitative. A notice of any amendment made pursuant to this Section 9 shall be filed in the same manner as for a Listed Event under Section 5(c). Section 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Successor Agency from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Successor Agency chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Successor Agency shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. Section 11. Default. If the Successor Agency fails to comply with any provision of this Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Successor Agency to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Certificate in the event of any failure of the Successor Agency to comply with this Disclosure Certificate shall be an action to compel performance. Section 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) The Dissemination Agent shall have only such duties as are specifically s et forth in this Disclosure Certificate, and the Successor Agency agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have no duty or obligation to review any information provided to it by the Successor Agency hereunder, and shall not be deemed to be acting in any fiduciary capacity for the Successor Agency, the Bond holders or any other party. The obligations of the Successor Agency under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. 10.f Packet Pg. 206 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 7 55600.00913\33722964.1 (b) The Dissemination Agent shall be paid compensation by the Successor Agency for its services provided hereunder in accordance with its schedule of fees as amended from time to time, and shall be reimbursed for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. Section 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the Successor Agency, the Dissemination Agent, the Participating Underwriter and the holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. [Signature page follows] 10.f Packet Pg. 207 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond S-1 55600.00913\33722964.1 Section 14. Counterparts. This Disclosure Certificate may be executed in several counterparts, each of which shall be regarded as an original, and all of which shall constitute one and the same instrument. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: ________, Executive Director AGREED AND ACCEPTED: SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, as Dissemination Agent By: __________ Executive Director -Signature Page- Continuing Disclosure Certificate 10.f Packet Pg. 208 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond A-1 55600.00913\33722964.1 EXHIBIT A NOTICE OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: Successor Agency to the Redevelopment Agency of the City of San Bernardino Name of Issue: Successor Agency to the Redevelopment Agency of the City of San Bernardino, Tax Allocation Refunding Bonds, Series 2021A (Federally Taxable) Date of Issuance: __________ NOTICE IS HEREBY GIVEN that the Successor Agency has not provided an Annual Report with respect to the above-named Bonds as required by the Indenture of Trust, dated as of _________________, 2021, by and between the Successor Agency and U.S. Bank National Association, as trustee. The Successor Agency anticipates that the Annual Report will be filed by . Dated: _______________ DISSEMINATION AGENT: _______________________ 10.f Packet Pg. 209 Attachment: Attachment 6 - Continuing Disclosure Certificate (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 100 N. Brand Blvd, Suite 605 Glendale, California 91203 100 N. Brand Blvd., Suite 605, Glendale, CA 91203 Tel: (818) 385-4900 MEMORANDUM DATE: March 1, 2021 TO: Successor Agency to the Redevelopment Agency of the City of San Bernardino FROM: Columbia Capital Management, LLC RE: Series 2021 Tax Allocation Defeasance and Refunding Plan Introduction As a result of ABx1 26 and the California Supreme Court decision in the Matosantos case challenging the constitutionality of AB 26, all redevelopment agencies in the State were dissolved as of February 1, 2012, including the Redevelopment Agency of the City of San Bernardino (the “Redevelopment Agency”), and successor agencies to the former redevelopment agencies were designated to expeditiously wind down the affairs of the former redevelopment agencies. The City of San Bernardino (the “City”) acts as successor agency to the Redevelopment Agency (the “Successor Agency”). The primary provisions enacted by ABx1 26 relating to the dissolution and wind down of former redevelopment agency affairs are codified in Parts 1.8 (commencing with Section 34161) and 1.85 (commencing with Section 34170) of Division 24 of the Health and Safety Code of the State, as amended on June 27, 2012 by Assembly Bill No. 1484 (“AB 1484”), enacted as Chapter 26, Statutes of 2012 (as amended from time to time, the “Dissolution Act”). Refunding Bonds under the Dissolution Act Section 34177.5 of the Health & Safety Code, which was added to the Dissolution Act by AB 1484, authorizes the Successor Agency to issue bonds for the purpose of refunding outstanding tax allocation bonds of the Redevelopment Agency or the Successor Agency to provide debt service savings provided that (A) the total interest cost to maturity on the refunding bonds plus the principal amount of the refunding bonds does not exceed the total remaining interest cost to maturity on the bonds to be refunded plus the remaining principal of the bonds to be refunded, and (B) the principal amount of the refunding bonds does not exceed the amount required to defease the refunded bonds, to establish customary debt service reserves, and to pay related costs of issuance. If the foregoing conditions are satisfied, the initial principal amount of the refunding bonds may be greater than the outstanding principal amount of the bonds to be refunded. As described in this memorandum, the Successor Agency is pursuing this refunding and defeasance plan for interest savings and the principal amount of the new bonds will be less than the principal amount of the refunding bonds; therefore, complying with this requirement. 10.g Packet Pg. 210 Attachment: Attachment 7 - Municipal Advisor’s Report (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 100 N. Brand Blvd., Suite 605, Glendale, CA 91203 Tel: (818) 385-4900 Page. 2 Section 34177.5(h) of the Dissolution Act requires the Successor Agency to not use any bullets/spikes or variable rates, make diligent efforts to ensure that the lowest long- term cost financing is obtained, and requires the Successor Agency to make use of an independent financial advisor in developing financing proposals and to make the work products of the financial advisor available to the State of California Department of Finance at its request. The Successor Agency is complying with all of these requirements. The 2021 Bonds will be fixed rate with no bullets/spikes, the Successor Agency, along with its financial advisor, is administering a comprehensive solicitation for underwriting services to assist in determining the lowest cost plan of finance and all work of its financial advisor will be made available to all concerned parties. This report is written by Columbia Capital Management, LLC, (“Columbia”) which has been engaged as the independent financial advisor to the Successor Agency to analyze the possible refunding and defeasance of the Successor Agency’s outstanding bonds. Columbia is registered as a municipal advisor with both the Securities and Exchange Commission and the Municipal Securities Rulemaking Board. Overview of Bond Defeasance and Refunding Plan On December 23, 2010 the San Bernardino Joint Powers Financing Authority (the “Authority”) issued $7,065,000 in Tax Allocation Bonds Series 2010A (4th Street Corridor Project – Federally Taxable Recovery Zone Economic Development Bonds) (the “2010A Bonds”). The 2010A Bonds receive up to a 45% interest rate subsidy from the Federal Government. Since 2013, Federal budget sequestration has reduced that subsidy each year; the current 2021 subsidy rate is 42.44%. The subsidy payments were pledged to the payment of the 2010A Bonds. Further, on February 9, 2011, the Authority issued $3,220,000 in Tax Allocation Bonds Series 2010B (Northwest Redevelopment Project Area) (the “2010B Bonds” and together with the 2010A Bonds the ”Bonds”). As of the date of this memorandum, $4,550,000 of 2010A Bonds and $1,820,000 of 2010B Bonds remaining outstanding. Both series of bonds are secured by a pledge of the Northwest Project Area and are subject to optional redemption on April 1, 2021. The Successor Agency has $6.3 million in aggregate project proceeds remaining from the Bonds, which in accordance with Health and Safety Code Section HS&C 34191.4(c)(2), cannot be spent on projects unless otherwise approved under the Dissolution Act. Per the Dissolution Act, proceeds from bonds issued on or before December 31, 2010 could be used as planned; however; for bonds issued after that only a percentage of the proceeds could be used as planned. The 2010A Bonds were issued before that date while the 2010A Bonds were issued after that date. The Successor Agency is working to spend the remaining 2010A Bond proceeds. Based on the issuance date of the 2010B Bonds, February 9, 2011, and pursuant to the current dissolution law, only 40% of the project proceeds plus interest earnings can be spent. The remainder must be used to defease bonds on the first available call date. The table below illustrates the current project fund balances for the 2010B Bonds. 10.g Packet Pg. 211 Attachment: Attachment 7 - Municipal Advisor’s Report (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 100 N. Brand Blvd., Suite 605, Glendale, CA 91203 Tel: (818) 385-4900 Page. 3 2010B Project Fund Original Deposit $2,701,588.00 Interest Earnings to Date 117,956.84 Current Balance 2,819,544.84 60% for Defeasance 1,691,726.90 40% Available for projects* 1,127,817.94 *Note: 5% of the current balance ($140,977) can be spent immediately; the remaining can be spent once the Successor Agency has an approved Last and Final Recognized Obligation Payment Schedule Further, the amount that must be used to defease the 2010B Bonds ($1,691,726.90) plus the debt service reserve balance ($309,575.61) totals $2,001,302.51 and is greater than the amounted needed to defease the bonds, which assuming a May 31 2021 defeasance date would require a deposit of $1,775,475. The remaining balance, estimated to be $210,827,will be used to defease the 2010A Bonds (as part of the refunding transaction). With respect to the 2010A refunding, due to Federal tax law regarding the timeframe to spend tax-exempt municipal bonds, the Series 2021 Bonds will be Federally taxable. Net present value reduction in debt service of the 2010A refunding and 2010 B defeasance is estimated to be over $0.737 million (approximately 12% of bonds redeemed). Budgetary savings are estimated to be over $3.8 million over the remaining term of the 2010A and 2010B Bonds refunded and defeased. The refunding includes the application of the 2010A bond reserve fund and excess 2010B bond proceeds to redeem bonds. The bond reserve fund for the 2021 refunding bonds is expected to be provided through a bond insurance company reserve fund surety policy. The refunding “savings” are expected to be realized as residual beginning in the following tax year. The 2021 Refunding Bonds (the “2021 Bonds”) will be subordinate to the outstanding 2005A Bonds, which have senior pledge to the Northwest Project Area and be on parity with the 2005B Bonds, which have a parity pledge to that same project area. The 2005A Bonds mature in 2025 and have average annual debt service of $148,000. There is also $22,240,000 in outstanding Series 2016 A & B Bonds, The Series 2016 A & B bonds are secured by the Residual Property Tax Trust Fund (“RPTTF”). In order to conform with the Dissolution Act, the 2021 Bonds will be issued under a new indenture with project area pledges identical to the refunded Bonds. The proposed 2021 Bonds will further be secured by the RPTTF. The 2021 Bonds and 2016 A & B Bonds will all have equal claim on the RPTTF funds. Section 34177.5(g) provides that any refunding bonds shall be secured by a pledge of, and lien on, and shall be repaid from moneys deposited from time to time in the Successor Agency’s Redevelopment Property Tax Trust Fund. 10.g Packet Pg. 212 Attachment: Attachment 7 - Municipal Advisor’s Report (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 100 N. Brand Blvd., Suite 605, Glendale, CA 91203 Tel: (818) 385-4900 Page. 4 Outstanding Tax Allocation Bonds Bond Series Bonds Outstanding Callable Final Maturity Refundable 2005A $12,560,000 Non-callable 10/1/25 No 2005B 4,415,000 Non-callable 10/1/25 No 2010A 4,550,000 4/1/21 4/1/30 Yes 2010B 1,820,000 4/1/21 4/1/28 Must Defease 2016A 15,740,000 12/1/26 12/1/31 No Benefit 2016B 6,500,000 12/1/26 12/1/27 No Benefit Total $45,585,000 The 2010A Bonds carry an average interest rate of 9.25% (5.32% net of Federal RZEDB subsidy) and the 2010B Bonds carry an average interest rate of 7.00%, combined it is 8.60%, or 5.81% net the Federal subsidy. Bond Structure, Credit Considerations and Estimated Savings It is proposed that the Successor Agency will issue approximately $3.8 million in 2021 Bonds, which assumes a taxable issuance. The final amount issued will depend on market conditions and Federal tax status at the time of sale. The 2021 Bonds will be secured by a tax revenue pledge from the Northwest Project Area and a pledge of the RPTTF. The 2021 Bonds will be structured for level debt service savings each year to the extent possible. The Successor Agency intends to apply for bond insurance and a bond debt reserve fund surety policy for the 2021 Bonds from either Assured Guarantee or Build America Mutual. This may increase present value and cash flow savings. It is expected that the 2021 Bonds will qualify for bond insurance and a bond reserve fund surety policy. It is expected that the 2021 Bonds will receive a rating from Standard & Poor’s or Fitch Ratings in the ‘A’ or “AA” category based on the project area characteristics, high debt service coverage and term. The 2021 Bonds will have a final maturity of October 1, 2029 (the 2010A Bonds mature April 1, 2030). Estimated savings that includes the refunding of 2010A and defeasance of 2010B is provided below. 10.g Packet Pg. 213 Attachment: Attachment 7 - Municipal Advisor’s Report (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond 100 N. Brand Blvd., Suite 605, Glendale, CA 91203 Tel: (818) 385-4900 Page. 5 Date 2010 A and B Bond Debt Service Federal Subsidy Net Debt Service Payments Series 2021 Bonds Net Reduction in Debt Service Cumulative Savings 10/1/2021 257,988 (83,421) 174,566 14,851 159,716 159,716 4/1/2022 672,988 (83,421) 589,566 32,206 557,360 717,076 10/1/2022 239,806 (77,042) 162,764 487,206 (324,442) 392,634 4/1/2023 669,806 (77,042) 592,764 30,773 561,991 954,625 10/1/2023 220,763 (70,074) 150,689 485,773 (335,084) 619,541 4/1/2024 605,763 (70,074) 535,689 28,748 506,941 1,126,482 10/1/2024 202,956 (62,517) 140,439 488,748 (348,309) 778,173 4/1/2025 647,956 (62,517) 585,439 25,804 559,635 1,337,808 10/1/2025 182,656 (54,273) 128,383 490,804 (362,421) 975,387 4/1/2026 837,656 (54,273) 783,383 22,480 760,904 1,736,291 10/1/2026 154,556 (45,244) 109,313 492,480 (383,167) 1,353,124 4/1/2027 1,344,556 (45,244) 1,299,313 17,944 1,281,369 2,634,493 10/1/2027 107,281 (35,429) 71,852 502,944 (431,092) 2,203,401 4/1/2028 1,337,281 (35,429) 1,301,852 12,779 1,289,073 3,492,474 10/1/2028 58,044 (24,634) 33,410 507,779 (474,369) 3,018,105 4/1/2029 658,044 (24,634) 633,410 6,641 626,769 3,644,874 10/1/2029 30,294 (12,857) 17,437 511,641 (494,204) 3,150,671 4/1/2030 685,294 (12,857) 672,437 - 672,437 3,823,108 Total 8,913,688$ (930,980)$ 7,982,708$ 4,159,600$ 3,823,108$ Defeasance of Series 2021 A 2010 B Total Dated Date 7/8/2021 5/1/2021 5/1/2021 Delivery Date 7/8/2021 5/1/2021 5/1/2021 Bond Par Amount 3,790,000$ 3,790,000$ True Interest Cost 2.147%0.000%2.147% Net Interest Cost 2.151%0.000%2.070% Average Coupon 2.026%0.000%1.950% Average Life 4.81 - Par amount of refunded bonds 4,250,000$ 1,755,000$ 6,005,000$ Average coupon of refunded bonds 9.25%7.00%8.35% Average life of refunded bonds 5.31 5.74 5.57 Net PV Savings 309,479 427,757 737,235 Percentage savings of refunded bonds 7.28%24.37%12.28% Percentage savings of refunding bonds 8.17%0.00%19.45% 10.g Packet Pg. 214 Attachment: Attachment 7 - Municipal Advisor’s Report (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Page. 6 Process and Timing The Successor Agency Board expects to approve the 2021 Bonds at its March 17, 2021 meeting and the County Oversight Board is expected to approve the refinancing at its April 5, 2021 meeting. The State Department of Finance approval of the Successor Agency’s refinancing plan is expected by June 9, 2021. Assuming timely approvals from all agencies, including the State Department of Finance, the Successor Agency anticipates issuing the 2021 Bonds in July 2021. The 2021 Bonds will be underwritten via negotiated sale. The Successor Agency is in the process of selecting a bond underwriter. With respect to defeasing the 2010B Bonds, we expect all approvals to be obtained so that those bonds can be defeased by May 31, 2021. Allocation of Debt Service Reduction It is expected that the County Auditor-Controller will allocate reductions in annual debt service to the appropriate taxing entities semi-annually as part of the Recognized Obligation Payment schedules or “ROPS” process. The allocation may be impacted by existing pass through agreements, as generally property tax allocation cannot exceed 100% of an entity’s share of the 1% general property tax. Below is a schedule based upon the County of San Bernardino’s most recent 2020-21 ROPS report. The table below assumes debt service savings would be distributed in the same manner as excess property taxes based on the same percentage RPTTF funds were allocated in 2020-21. Actual distributions may vary depending on final tax rates and County Auditor-Controller adjustments. The table below provides estimated residual share of total refunding and defeasance cash flow savings through the life of the loan. District Type Taxing Entity Percentage Share Est. Share of Impact on Residual K -12 Schools San Bernardino City USD 24.995% $955,586 ERAF Education Revenue Augmentation Fund 22.282% $851,865 Special District Fire Protect District-Valley Service Area 15.969% $610,512 County San Bernardino General Fund 14.715% $562,570 Community College San Bernardino Community College 5.180% $198,037 K -12 Schools Colton Joint USD 4.728% $180,757 K -12 Schools Redlands USD 4.362% $166,764 Special District San Bernardino Valley Muni Water 2.666% $101,924 Special District Flood Control Zone 2 1.933% $73,901 Special District Fire Protect District-SBCFPD-Admin 1.192% $45,571 Special District Flood Control Zone 3 0.673% $25,730 Office of Education Superintendent of Schools - County Wide 0.505% $19,307 K -12 Schools Rialto USD 0.312% $11,928 Special District Flood Control Admin 1&2 0.136% $5,199 Special District Inland Empire JT Resource Cons Dist L O 0.130% $4,970 Office of Education Superintendent of Schools - R O P 0.061% $2,332 Office of Education Superintendent of Schools - Phys Hand 0.061% $2,332 Special District San Bernardino Valley Water Cons Dist - L O 0.052% $1,988 Special District Flood Control Admin 3-6 0.023% $879 Office of Education Superintendent of Schools - Dev Center 0.016% $612 Special District Riverside Corona RCD L O 0.007% $268 Office of Education Superintendent of Schools - Ment Ret 0.002% $76 100.000% $3,823,108 Attachment – Detailed financing cash flows Curt de Crinis Managing Director 100 N. Brand Blvd., Suite 605, Glendale, CA 91203 Tel: (818) 385-4900 10.g Packet Pg. 215 Attachment: Attachment 7 - Municipal Advisor’s Report (7166 : Successor Agency Action: 2010A and 2010B Series Tax Allocation Bond Page 1 Public Hearing City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: The Landing by San Manuel (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2021-57 of the Mayor and City Council of the City of San Bernardino, California, certifying the Final Environmental Impact Report (State Clearinghouse No. 2020100067), adopting the Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20 -02 changing the General Plan Land Use Designation from Public/Quasi Public to Specific Plan of a parcel (APN: 0136-371-33) containing approximately 12.89 acres (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1557 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -03 and Specific Plan Amendment 20-01 changing the Zoning District Classification from Public Facilities (PF) to Specific Plan - Alliance California (SP-AC) Third Street Land Use District of a parcel (APN: 0136-371-33) containing approximately 12.89 acres, consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 3); 3) Adopt Resolution No. 2021-58 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D20-02 allowing the consolidation of four (4) parcels containing a total of approximately 52.97 acres and the development of an industrial warehouse containing approximately 1,153,644 square feet on a project site located on the south side of East 3 rd Street, between North Victoria Avenue and North Central Avenue (APN: 0136 - 371-18, 33, 36 and 37), consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 5); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on April 7, 2021. 11 Packet Pg. 216 7155 Page 2 Background The Landing project proposed by San Manuel will be located on a vacant site within the boundaries of the San Bernardino International Airport and was previously a portion of the former Norton Air Force Base. The proposed General Plan Amendment, Specific Plan Amendment and Zone Change from Public Facilities to Specific Plan -Alliance California (SP-AC) will make the zoning of the subject site consistent and allow for the transition of the non-airport portion of the former Norton Air Force Base site from a single-purpose military use to a multi-use commercial/industrial center through the development of a warehouse. On February 9, 2021, the Planning Commission, by a vote of 6 -1, adopted Resolution No. 2021-003 forwarding a recommendation that the Mayor and City Council (Attachment 7): 1) Certify the Final Environmental Impact Report (State Clearinghouse No. 2020100067); 2) Adopt the Mitigation Monitoring and Reporting Program for General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02; and 3) Approve General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 based on the Findings of Fact and subject to the recommended Conditions of Approval. On March 5, 2021, a notice of the March 17, 2021 public hearing was published in The Sun newspaper, and was mailed to property owners within a 500 foot radius of the project site and interested parties in accordance with Development Code Chapter 19.52 (Hearings and Appeals) (Attachment 9). Discussion Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Ame ndments), Chapter 19.64 (Specific Plans) and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of: General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01, to change the General Plan Land Use Designation from Public/Quasi Public to Specific Plan, and the Zoning District Classification from Public Facilities to Specific Plan - Alliance California Third Street District of a parcel containing approximately 12.89 acres; and Development Permit Type-D 20-02 to allow the development and establishment of an 11 Packet Pg. 217 7155 Page 3 industrial warehouse containing approximately 1,153,644 square feet . General Plan Amendment/Development Code Amendment (Zoning Map Amendment) The subject property is comprised of four (4) individual parcels containing approximately 52.97 acres located on the south side of East 3rd Street, between North Victoria Avenue and North Central Avenue within the City of San Bernardin o. The project site is located within the Public Facilities and Specific Plan - Alliance California zones. The applicant is requesting to change the Zoning District Classification of the project site to Specific Plan - Alliance California in order to allow the development of a new industrial building. The intent of the Public Facilities (PF) and Specific Plan - Alliance California (SP-AC) designation are described as follows, pursuant to Chapter 19.10 of the City of San Bernardino Development Code and Specific Plan - Alliance California Plan: PF (PUBLIC FACILITIES) ZONE - The purpose of this zone is to provide for the continuation of existing and development of new schools, government administrative, police, fire, libraries, social service, and other public facilities. SPECIFIC PLAN - ALLIANCE CALIFORNIA (SP-AC) ZONE - The purpose of the Specific Plan is to provide for the transition of the non-airport portion of the former Norton Air Force Base site from a single-purpose military use to a multi-use commercial/industrial center. As previously noted, the proposed project is comprised of four (4) parcels containing a total of approximately 52.97 acres to be consolidated and located within the Specific Plan - Alliance California. The overall Specific Plan area has six (6) distinct land use districts including the Northgate, Westgate, Centergate, Southgate, Third Street, and DFAS Districts. The proposed project is located within the Third Street District. The Third Street District permits large industrial warehouse facilities and operations, subject to a Development Permit, and meeting the Development Standards as outline in the Specific Plan - Alliance California and the City of San Bernardino’s Development Code. Analysis - Land Use The proposal consists of the construction of a warehouse facility containing approximately 1,153,644 square feet of interior floor space, which includes 1,060,144 square feet of warehouse space, 20,000 square feet of office space, and 73,500 square feet of mezzanine space within the Specific Plan - Alliance California. The proposed development will provide a total of 113 dock doors on the north -facing side of the building and 105 dock doors on the south-facing side of the building. This project is proposed as a speculative business with no specific tenant, but has been designed specifically for use as a high cube warehouse facility. 11 Packet Pg. 218 7155 Page 4 In order to implement the project, a General Plan Amendment, Development Code Amendment (Zoning Map Amendment) and Specific Plan Amendment are proposed for the purpose of changing 12.89 acres located in the southern portion of the proposed development from Public/Quasi to Specific Plan, and from Public Facility (PF) zone to Specific Plan-Alliance California (SP-AC) within the City’s General Plan, Zoning Map and Specific Plan. Encompassed in the change, the requested Specific Plan (SP) Amendment to the Specific Plan - Alliance California (SP-AC) would modify the Third Street District and incorporate 12.89 acres located in the southern portion of th e proposed development from the Public Facilities (PF) zone to the SP-AC; and remove 4.97 acres located west of Victoria Avenue from the SP-AC to the PF zone (Attachment 2, Exhibit A). The purpose of the amendment is provide for the transition of the non -airport portion of the former Norton Airforce Base site from a single -purpose military use to a multi-use industrial center as stipulated within the SP-AC. Architecture The architectural design of the proposed building is highlighted by the prominent corn er elements. Significant vertical and horizontal articulation has been provided to reduce the massing of the building elevations. Additionally, glazed windows have been added to complement the existing development located near the subject site. The mixture of materials adds variety, and vitality to the surfaces while defining windows and other architectural elements. Colors are a mixture of shades of grey which lie between areas of white that provide a visual effect further breaking up the massing. Landscaping: In order to create visual interest along the 3rd Street corridor and enhance the aesthetics of the project site, the development has the opportunity to take advantage of the history of the site area. The proposed landscaping plan will enhance the his torical aspects of the former Norton Airforce Base and surrounding area by incorporating historical art features through design. As part of the improvement, there will be an area on the Southeast corner of 3rd Street and Victoria Avenue that will aim at preserving and relocating the existing water tower and center on providing a picnic area, walkways with concrete paver designs, various types of plants to include palms, citruses, orchards and similar types of trees in combination with various types of groun d cover. As a focal point, the water tower will feature and incorporate art design representative of the Norton Air Force Base. Additionally, along the 3 rd Street corridor, between Victoria Avenue and Central Avenue, an architecturally treated screen wall with vertical and horizontal breaks will be installed, and incorporate layered landscaping that will consist of taller trees (24” and 36” minimum box trees), accent shrubbery, and low ground covers to reduce vandalism. As part of the wall design, colorful inset tiles will be incorporated on the columns that will create significant historical features and achievements of the Norton Air Force Base. In order to protect the wall features, vandal resistance coating will be placed. The intent of the proposed land scaping improvement is to create historical imagery that preserves the area and historical significance of the Norton Air Force Base. 11 Packet Pg. 219 7155 Page 5 Access/Site Design/Traffic: The proposed industrial warehouse will have four (4) direct accesses from two -way driveways. Two (2) of the driveways will be located on Victoria Avenue and the other (2) will be located on 3rd Street. Additionally, at the T-intersection of 3rd Street and Central Avenue, there will be an access road for Airport use only. The two (2) driveways loc ated on Victoria Avenue will be primarily used as a Truck route and will provide a staging area to the far south of the development in order to deter truck idling on the street. However, there will be vehicular access as well. The Two (2) driveways on 3rd Street will be primarily used for regular vehicle ingress and egress. Truck circulation may allow for egress on 3rd Street; however the development is deliberately separated by different driveways in order to control truck circulation and allow trucks to u se the proposed signalized intersection on Victoria Avenue and 3 rd Street. Additionally, the internal site circulation has been designed to adequately accommodate on -site vehicular circulation and access to the off -street parking areas. Designated “paths of travel” have also been provided to ensure pedestrian safety. Finally, the City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic improvement measures will be implemented ba sed upon the approved Traffic Impact Analysis and the recommendations of the City’s Traffic Engineer. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in -fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. General Plan Circulation Element Policy 6.9.1: Ensure that developments provide an adequate supply of parking to meet its needs either on -site or within close proximity. The proposed project implements the above General Plan goals and policies in that the proposed development has been designed with quality architectural treatments. Redevelopment of the site will be done in a manner that will enhance the physical and visual qualities of the subject property through significant landscaping, thereby enhancing the aesthetics of the surrounding area. Additionally, through this proposal the existing property will be transformed from a vacant property into a development that meets the City’s economic development go als, while satisfying the Specific Plan and Development Code requirements. Development of the site will be completed in a manner that will enhance the physical and visual qualities of the subject property thereby enhancing the aesthetics of the surrounding area. 11 Packet Pg. 220 7155 Page 6 California Environmental Quality Act In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study prepared in connection with General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment (SP) 20-01, and Development Permit Type-D 20-02. Based on the Initial Study provided, the proposed project has the potential to result in significant effects on the environment for which feasible mitigation measures may or may not be available to reduce all of those effects to below thresholds of significance. Therefore, pursuant to §15063(b)(1), an Environmental Impact Report (EIR) was prepared for the propose d project and focused on potential environmental impacts. Accordingly, pursuant to §15082 (Notice of Preparation and Determination of Scope of EIR) of the CEQA, a Notice of Preparation (NOP) was released on September 30, 2020 for the CEQA-mandated thirty (30) day public review period for the purpose to announce the preparation of the Draft Environmental Impact (EIR) for the proposed project, and to allow general public and other agencies with the opportunity to submit comments as to the contents of the Draft EIR. Additionally, a public scoping meeting was conducted on October 14, 2020, pursuant to the requirements of CEQA in order to assist in determining the scope of the environmental issues to be addressed in the Draft EIR. Subsequently, the applicant submitted and the Planning Division accepted the Draft EIR prepared, and pursuant to §15085 (Notice of Completion) of CEQA, a Notice of Completion was filed with the State of California Office of Planning and Research (State Clearinghouse No. 2020100067). Additionally, pursuant to §15087 (Public Review of Draft EIR) of CEQA, the Draft EIR was released on November 23, 2020 for the CEQA - mandated forty-five (45) day public review period. Lastly, in accordance with §15132 (Contents of Final Environmental Impa ct Report) of CEQA, the applicant submitted and the Planning Division accepted the Final EIR prepared. The Final EIR consists of the following: 1) the Public Review Draft EIR and technical studies, 2) the revised Draft EIR; 3) responses to comments on the Draft EIR; 4) Facts, Findings, and Statements of Overriding Considerations; and 5) the Mitigation Monitoring and Reporting Program (Attachment 1, Exhibit A, B and C). 2020-2025 Key Strategic Targets and Goals General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment (SP) 20-01 and Development Permit Type-D 20-02 aligns with Key Target No. 3(a): Financial Stability: Secure a Long-Term Revenue Source and Target No. 4: Economic Growth and Development . The proposed development will rezone an existing property to Specific Plan - Alliance California to create consistency within the project area, and develop a new industrial warehouse that will provide an economic benefit to the City and stimulate economic revit alization and reuse of the former Norton Air Force Base in order to help recoup and expand jobs that where lost due to the closure of the base. 11 Packet Pg. 221 7155 Page 7 Fiscal Impact Development impact fees associated with the project will be approximately $3,349,015.44. City services will be provided to this project similar to other industrial developments in the City and surrounding area. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2021-57 of the Mayor and City Council of the City of San Bernardino, California, certifying the Final Environmental Impact Report (State Clearinghouse No. 2020100067), adopting the Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20 -02 changing the General Plan Land Use Designation from Public/Quasi Public to Specific Plan of a parcel (APN: 0136 - 371-33) containing approximately 12.89 acres (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC - 1557 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20 -03 and Specific Plan Amendment 20-01 changing the Zoning District Classification from Public Facilities (PF) to Specific Plan - Alliance California (SP-AC) Third Street Land Use District of a parcel (APN: 0136-371-33) containing approximately 12.89 acres, consistent with a certified Final Environmental Impa ct Report (State Clearinghouse No. 2020100067) (Attachment 3); 3) Adopt Resolution No. 2021-58 of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D20-02 allowing the consolidation of four (4) parcels containing a total of approximately 52.97 acres and the development of an industrial warehouse containing approximately 1,153,644 square feet on a project site located on the south side of East 3 rd Street, between North Victoria Avenue and North Central A venue (APN: 0136- 371-18, 33, 36 and 37), consistent with a certified Final Environmental Impact Report (State Clearinghouse No. 2020100067) (Attachment 5); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on April 7, 2021. Attachments Attachment 1 Resolution No. 2021-57 Attachment 2 Resolution No. 2021-57; Exhibits A-D Attachment 3 Ordinance No. MC-1557 Attachment 4 Ordinance No. MC-1557; Exhibit A Attachment 5 Resolution No. 2021-58 Attachment 6 Resolution No. 2021-58; Exhibit A Attachment 7 Planning Commission Resolution No. 2021-003. Attachment 8 Planning Commission Staff Report, dated February 9, 2021. 11 Packet Pg. 222 7155 Page 8 Attachment 9 Legal Ad Notice, posted March 5, 2021 Attachment 10 City Staff PowerPoint Attachment 11 Applicant’s PowerPoint Ward: 1 Synopsis of previous City Council Action: None 11 Packet Pg. 223 1 RESOLUTION NO. 2021-57 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (CALIFORNIA STATE CLEARINGHOUSE SCHEDULE NO. 2020100067), ADOPTING FACTS, FINDINGS, AND STATEMENT OF OVERRIDING CONSIDERATIONS, THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE LANDING BY SAN MANUEL PROJECT, AND APPROVING GENERAL PLAN AMENDMENT 20-02 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM PUBLIC/QUASI PUBLIC TO SPECIFIC PLAN OF A PARCEL (APN: 0136- 371-33) CONTAINING APPROXIMATELY 12.89 ACRES WHEREAS, together, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 constitute the Landing by San Manuel Project (“Project”); WHEREAS, General Plan Amendment 20-02 is a request to allow the change of the General Plan Land Use Designation from change the general plan land use designation from Public/Quasi Public to Specific Plan of a parcel containing approximately 12.89 acres; and WHEREAS, pursuant to Public Resources Code Section 21067 of the California Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA) and Section 15367 of the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of San Bernardino is the CEQA lead agency for the proposed Project; WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Planning Division of the Community and Economic Development Department of the City of San Bernardino determined that an Environmental Impact Report (EIR) should be prepared in order to analyze all potential adverse environmental impacts of the proposed Project; WHEREAS, pursuant to requirements of Section 15082 of CEQA, the Planning Division of the Community and Economic Development Department accepted the Notice of Preparation and Determination of Scope of Environmental Impact Report prepared by T&B Planning, Inc. on behalf of and submitted by the applicant (San Manuel Band of Mission Indians) for the proposed Project; WHEREAS, pursuant to Section 15082 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino issued a Notice of Preparation (NOP) of a Draft EIR (California State Clearinghouse Schedule No. 2020100067) for the proposed Project on September 30, 2020, and circulated the NOP for the CEQA-mandated thirty (30) day public review period, and a public scoping meeting was conducted on October 14, 2020 pursuant to the requirements of CEQA to allow the general public and other agencies the opportunity to submit comments as to the contents of the Draft EIR; 11.a Packet Pg. 224 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 2 WHEREAS, pursuant to Section 15087 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino released a Notice of Completion of the Draft EIR for the proposed Project on November 23, 2020 for the CEQA-mandated forty-five (45) day public review and comment period; WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino received comment letters on the Draft EIR from California Department of Fish and Wildlife, California Department of Transportation, City of Highland, Gabriellenio Band of Mission Indians–Kizh Nation, Inland Empire Biking Alliance, Inland Valley Development Agency, OmniTrans, San Bernardino International Airport Authority, San Bernardino County Department of Public Works, South Coast Air Quality Management District, and Southern California Association of Governments during the CEQA-mandated forty- five (45) day public review and comment period, and responded to each of them; WHEREAS, pursuant to Section 15132 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino accepted the Final EIR prepared by T&B Planning, Inc. on behalf of and submitted by the applicant for the proposed Project, which consists of the following: 1) the Public Review Draft EIR and technical studies, 2) the revised Draft EIR; 3) responses to comments on the Draft EIR; 4) Facts, Findings, and Statements of Overriding Considerations; and 5) the Mitigation Monitoring and Reporting Program; WHEREAS, on January 27, 2021, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Developme nt and Environmental Review Committee reviewed the application and moved the Final EIR, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20 -03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 to the Planning Commission for consideration; WHEREAS, on February 9, 2021, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2020-003 recommending the certification of the Final Environmental Impact Report (State Clearinghouse Schedule No. 2020100067), and approval of General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20- 03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 to the Mayor and City Council; WHEREAS, notice of the March 17, 2021 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on March 5, 2021, and was mailed to property owners within a 500 foot radius of the project site and interested parties in accordance with Development Code Chapter 19.52 (Hearings and Appeals); WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the Final 11.a Packet Pg. 225 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 3 Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 20- 02. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Final Environmental Impact Report (California Clearinghouse Schedule No. 202010006) and written and oral testimony, and having exercised their independent judgment, find that the Final Environmental Impact Report (California Clearinghouse Schedule No. 202010006), as accepted by the Planning Commission in an accurate and objective statement as to the effects of the proposed General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02, has been completed in compliance with the California Environmental Quality Act and is hereby certified and incorporated herein by reference as Exhibit A. SECTION 3. Finding of Fact and Statement of Overriding Considerations. The Mayor and City Council hereby adopt the CEQA Findings of Fact and Statement of Overriding Considerations, attached hereto as Exhibit B and incorporated herein by reference. SECTION 4. Mitigation Monitoring and Reporting Program. The Mayor and City Council hereby adopt the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C. Implementation of each mitigation measure contained in the Mitigation Monitoring and Reporting Program is hereby impose and made a condition of approval of General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02, in accordance with CEQA and the State CEQA Guidelines. In the event of any inconsistencies between the mitigation measures set forth in other documents, the Mitigation Monitoring and Reporting Program shall control. SECTION 5. Findings of Fact – General Plan Amendment 20-02. Finding No. 1: The proposed amendment is internally consistent with the General Plan. Finding of Fact: The proposed amendment will change the General Plan Land Use Designation from Public/Quasi Public to Specific Plan for a parcel containing approximately 12.89 acres of the total project site, which is comprised of four (4) parcels containing a total of approximately 52.97 acres. The Specific Plan General Plan Land Use Designation, along with the corresponding Zoning District Classification of Specific Plan – 11.a Packet Pg. 226 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 4 Alliance California (SP-AC) Third Street Land Use District, is intended to provide for the development of projects involving manufacturing, distribution, research and development, and office uses. The proposed amendment will allow for the development of an industrial warehouse on a substantially vacant property surrounded by other existing industrial developments. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. General Plan Circulation Element Policy 6.9.1: Ensure that developments provide an adequate supply of parking to meet its needs either on-site or within close proximity. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the General Plan Land Use Designation of the approximately 12.89 acres of the project site from Public/Quasi Public to Specific Plan, along with the corresponding Zoning District Classification of Specific Plan – Alliance California (SP-AC), will facilitate the development of an industrial warehouse. The project site is generally flat, with access from Victoria Avenue and E. 3rd Street, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final EIR and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment would result in the entirety of the project site having the Specific Plan General Plan Land Use Designation, along with the corresponding Zoning District Classification of Specific Plan – 11.a Packet Pg. 227 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 5 Alliance California (SP-AC), which upon consolidation of the property will allow for the development of an industrial warehouse on a property surrounded by existing industrial developments, thereby helping to maintain an appropriate balance of land uses within the City. Finding No. 4: The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact: The project site is currently comprised of four (4) parcels that are proposed to be consolidated into a single parcel containing a total of approximately 52.97 acres. The project site is generally flat, with access from Victoria Avenue and E. 3rd Street. Utilities are available directly from the adjacent rights-of-way. The project site is sufficient in size to meet parking, loading, and landscaping requirements for the proposed project. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 6. General Plan Amendment 20-02 is a request to allow the change of the General Plan Land Use Designation from change the general plan land use designation from Public/Quasi Public to Specific Plan of a parcel containing approximately 12.89 acres, attached hereto and incorporated herein by reference as Exhibit D, is hereby approved. SECTION 7. Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01, as may be approved by Ordinance, is incorporated herein by reference. SECTION 8. Custodian of Records. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 9. Notice of Determination. The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino And State Clearinghouse within five (5) working days of final Project approval. SECTION 10. 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 11. Effective Date. This Resolution shall become effective immediately. 11.a Packet Pg. 228 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 11.a Packet Pg. 229 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 7 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. 2021-57, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 11.a Packet Pg. 230 Attachment: Attachment 1 - Resolution No. 2021-57 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Due to the size of the attachment the file is being provided via Dropbox link for the following item: Item No. 11 - Final Environmental Impact Report, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 – the Landing by San Manuel (Ward 1) Attachment 2 - Resolution No. 2021-57; Exhibits A-D https://www.dropbox.com/sh/je8j0k6qotka3h7/AADV_FG9- 4k_pzEE50r5dRWCa?dl=0 11.b Packet Pg. 231 Attachment: Attachment 2 - Resolution No. 2021-57; Exhibits A-D (7155 : The Landing by San Manuel (Ward 1)) ORDINANCE NO. MC-1557 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 20-03 AND SPECIFIC PLAN AMENDMENT 20-01 TO CHANGE THE ZONING DISTRICT CLASSIFICATION FROM PUBLIC FACILITIES (PF) TO SPECIFIC PLAN – ALLIANCE CALIFORNIA (SP-AC) THIRD STREET LAND USE DISTRICT OF A PARCEL (APN: 0136-371-33) CONTAINING APPROXIMATELY 12.89 ACRES, CONSISTENT WITH A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (STATE CLEARINGHOUSE NO. 2020100067) WHEREAS, together, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 constitute the Landing by San Manuel Project (“Project”); WHEREAS, Development Code Amendment (Zoning Map Amendment) and Specific Plan Amendment 20-01 is a request to allow the change of Zoning District Classification from Public Facilities (PF) to Specific Plan – Alliance California (SP-AC) Third Street Land Use District containing a total of approximately 12.89 acres; WHEREAS, pursuant to Public Resources Code Section 21067 of the California Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA) and Section 15367 of the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of San Bernardino is the CEQA lead agency for the proposed Project; WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Planning Division of the Community and Economic Development Department of the City of San Bernardino determined that an Environmental Impact Report (EIR) should be prepared in order to analyze all potential adverse environmental impacts of the proposed Project; WHEREAS, pursuant to requirements of Section 15082 of CEQA, the Planning Division of the Community and Economic Development Department accepted the Notice of Preparation and Determination of Scope of Environmental Impact Report prepared by T&B Planning, Inc. on behalf of and submitted by the applicant (San Manuel Band of Mission Indians) for the proposed Project; WHEREAS, pursuant to Section 15082 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino issued a Notice of Preparation (NOP) of a Draft EIR (California State Clearinghouse Schedule No. 2020100067) for the proposed Project on September 30, 2020, and circulated the NOP for the CEQA-mandated thirty (30) day public review period, and a public scoping meeting was 11.c Packet Pg. 232 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 2 conducted on October 14, 2020 pursuant to the requirements of CEQA to allow the general public and other agencies the opportunity to submit comments as to the contents of the Draft EIR; WHEREAS, pursuant to Section 15087 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino released a Notice of Completion of the Draft EIR for the proposed Project on November 23, 2020 for the CEQA-mandated forty-five (45) day public review and comment period; WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino received comment letters on the Draft EIR from California Department of Fish and Wildlife, California Department of Transportation, City of Highland, Gabriellenio Band of Mission Indians–Kizh Nation, Inland Empire Biking Alliance, Inland Valley Development Agency, OmniTrans, San Bernardino International Airport Authority, San Bernardino County Department of Public Works, South Coast Air Quality Management District, and Southern California Association of Governments during the CEQA-mandated forty- five (45) day public review and comment period, and responded to each of them; WHEREAS, pursuant to Section 15132 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino accepted the Final EIR prepared by T&B Planning, Inc. on behalf of and submitted by the applicant for the proposed Project, which consists of the following: 1) the Public Review Draft EIR and technical studies, 2) the revised Draft EIR; 3) responses to comments on the Draft EIR; 4) Facts, Findings, and Statements of Overriding Considerations; and 5) the Mitigation Monitoring and Reporting Program; WHEREAS, on January 27, 2021, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Final EIR, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20 -03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 to the Planning Commission for consideration; WHEREAS, on February 09, 2021, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2020-003 recommending the certification of the Final Environmental Impact Report (State Clearinghouse Schedule No. 2020100067), and approval of General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20- 03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 to the Mayor and City Council; WHEREAS, notice of the March 17, 2021 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on March 5, 2021, and was mailed to property owners within a 500 foot radius of the project site and interested parties in accordance with Development Code Chapter 19.52 (Hearings and Appeals); 11.c Packet Pg. 233 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 3 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. Concurrent with the introduction of this Ordinance, the Mayor and City Council having independently reviewed and analyzed the record before it, including the Final Environmental Impact Report (California Clearinghouse Schedule No. 202010006) and written and oral testimony, and having exercised their independent judgment, certified the Final Environmental Impact Report (California Clearinghouse Schedule No. 202010006), adopted CEQA Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, which contains mitigation measures that are made conditions of approval for the Project as to the effects of the proposed General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02. SECTION 3. Finding of Facts – Development Code Amendment (Zoning Map Amendment) 20-03 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: The proposed amendment will change the Zoning District Classification from Public Facilities (PF) to Specific Plan – Alliance California (SP-AC) for a parcel containing approximately 12.89 acres of the total project site, which is comprised of four (4) parcels containing a total of approximately 52.97 acres. The Specific Plan – Alliance California (SP-AC) Zoning District Classification, along with the corresponding Specific Plan General Plan Land Use Designation, is intended to provide for the new development of lighter industrial uses along major vehicular, rail, and air transportation routes serving the City. The proposed amendment will allow for the development of an industrial warehouse which is consistent 11.c Packet Pg. 234 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 4 with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed change of the Zoning District Classification will capitalize on the City’s transportation and locational strengths and will encourage economic development opportunities to the City’s residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography and vegetation, and surrounding exemplary architectural styles. Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. The project site is generally flat and has been disturbed. The site is surrounded by transportation and light industrial businesses. The proposed project will result in the construction of an industrial warehouse with ancillary parking and landscaping. The concrete tilt-up building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Therefore, the proposed amendment is consistent with the General Plan. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the amendment from Public Facilities (PF) to Specific Plan – Alliance California (SP-AC) will facilitate the development of an industrial warehouse, which is consistent with the transportation and light industrial uses within the project vicinity. The project site has access from Victoria Avenue and E. 3rd Street, will be fully served by utility providers, will be constructed in 11.c Packet Pg. 235 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 5 accordance with all applicable codes and regulations, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final EIR and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3: The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact: The proposed amendment will result in removing the existing Public Facilities (PF) Zoning District Classification from one (1) of the parcels of the project site, resulting in the entire site having the Specific Plan – Alliance California (SP-AC) Zoning District Classification. The proposed amendment will result in transforming a significantly vacant site into an industrial warehouse containing approximately 1,153,644 square feet in order to capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Therefore, the proposed amendment will not change the balance of land uses within the City due to the fact that the Specific Plan – Alliance California (SP-AC) Third Street Zoning District classification allows industrial development. Finding No. 4: The subject parcel(s) is physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation(s) and the anticipated land use development(s). Finding of Fact: The proposed industrial warehouse building containing approximately 1,153,644 is permitted within the Specific Plan – Alliance California (SP- AC) Third Street Zoning District, subject to the approval of General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01, and Development Permit Type-D 20-02 with the appropriate Conditions of Approval, and Mayor and City Council certification of the Final Environmental Impact Report. The subject site as an industrial development is sufficient in size to accommodate the project as proposed as required by the City of San Bernardino Development Code for Industrial Zones. Therefore, the subject site is physically suitable for the proposal. SECTION 4. Finding of Facts – Specific Plan Amendment 20-01 Finding No. 1: The proposed plan is consistent with the General Plan. Finding of Fact: The purposed of the Specific Plan – Alliance California (SP-AC) was to gradually transition the of the non-airport portion of the former Norton Airforce Base site from a single-purpose military use to a multi-use 11.c Packet Pg. 236 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 6 industrial center. The proposed Project would be in line with the intent of SP-AC through the development of a 1,153,644 square foot industrial warehouse. As part the SP-AC, an amendment to the SP-AC proposes to change approximately 12.89 acres from Public/Quasi Public to Specific Plan and change approximately 4.97 acres from Specific Plan to Public/Quasi Public in order to allow for the development of the Project, meeting the purpose, standards and guidelines as outline in the Specific Plan and being consistent with the City’s General Plan. Additionally, the City of San Bernardino General Plan includes primary goals and policies to guide future development within the City. Accordingly, the Specific Plan provides a detailed explanation of the Specific Plan’s relationship to the City’s General Plan, including a comparison of goals, objectives and policies. Therefore, the proposed plan is consistent with the General Plan. Finding No. 2: The proposed plan would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The purposed of the Specific Plan – Alliance California (SP-AC) was to gradually transition the of the non-airport portion of the former Norton Airforce Base site from a single-purpose military use to a multi-use industrial center. The proposed Project would be in line with the intent of SP-AC through the development of a 1,153,644 square foot industrial warehouse. As part the SP-AC, an amendment to the SP-AC proposes to change approximately 12.89 acres from Public/Quasi Public to Specific Plan and change approximately 4.97 acres from Specific Plan to Public/Quasi Public in order to allow for the development of the Project, meeting the purpose, standards and guidelines as outline in the Specific Plan and being consistent with the City’s General Plan. As part of the SP- AC amendment, an Environmental Impact Report (EIR) was prepared in order to assess any environmental impacts. The EIR report has identified impacts and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program in order to address impacts. Additionally, appropriate Conditions of Approval have been imposed on the proposed Project. Therefore, The Specific Plan is not detrimental to the public interest, health, safety, convenience, or welfare of the City in that the primary purpose of the Specific Plan is to provide a vision and implementation program for development of the non-airport portion of the former Norton Airforce Base site. Finding No. 3: The subject properties are physically suitable for the requested land use designations and the anticipated land use developments. Finding of Fact: The Specific Plan – Alliance California changed the General Plan Land Use Designation and Zoning District Classification of the properties contained within the area comprised of approximately 692.6 acres. The properties covered by the Specific Plan are located within the boundaries 11.c Packet Pg. 237 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 7 of the former Norton Air Force Base and adjacent areas to the south. The overall Specific Plan area has six (6) distinct land use districts including the Northgate, Westgate, Centergate, Southgate, Third Street, and DFAS Districts. The proposed project is located within the Third Street District. The Third Street District permits large industrial warehouse facilities and operations, subject to a Development Permit, and meeting the Development Standards as outline in the Specific Plan – Alliance California and the City of San Bernardino’s Development Code. The proposed Specific Plan amendment proposed to change the land use of approximately 12.89 acres from Public/Quasi Public to Specific Plan and change approximately 4.97 acres from Specific Plan to Public/Quasi Public in order to allow for the development of the Project. Therefore, the proposed land use development within the approval of the Specific Plan amendment is physically suitable for the requested land use designation. Finding No. 4: The proposed plan shall ensure development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood. Finding of Fact: The proposed development of the industrial warehouse building will be harmonious and compatible with existing and future industrial developments within the Specific Plan – Alliance California (SP-AC) Third Street Zoning District. The surrounding area consists of a mixture of industrial, transportation and industrial uses. Appropriate Conditions of Approval and Mitigation Measures have been imposed on the proposed development to ensure that the surrounding area will not be negatively impacted by the development of the proposed project. The scale and density of the proposed development conforms to the development standards of the Specific Plan – Alliance California (SP-AC) Third Street Zoning District. Additionally, the proposal is consistent with both the General Plan and Development Code subject to approval of the associated amendments, and no land use conflict is expected to result from construction of the proposed project. Finding No. 5: The proposed plan will contribute to a balance of land uses so that local residents may work and shop in the community in which they live. Finding of Fact: The proposed amendment would result in the entirety of the project site having the Specific Plan General Plan Land Use Designation, along with the corresponding Zoning District Classification of Specific Plan – Alliance California (SP-AC), which upon consolidation of the property will allow for the development of an industrial warehouse on a property surrounded by existing industrial developments, thereby helping to maintain an appropriate balance of land uses within the City. 11.c Packet Pg. 238 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 8 SECTION 5. Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01 is a request to allow the change of Zoning District Classification from Public Facilities (PF) to Specific Plan – Alliance California (SP-AC) Third Street Land Use District containing a total of approximately 12.89 acres ), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. SECTION 6. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of Project approval. SECTION 7. 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, inval id or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 8. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 9. 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. SECTION 10. Custodian of Records. The documents and materials associated with this Ordinance and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: 11.c Packet Pg. 239 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 9 Sonia Carvalho, City Attorney 11.c Packet Pg. 240 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Ordinance No. MC-1557 10 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-1557, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2021. Genoveva Rocha, CMC, City Clerk 11.c Packet Pg. 241 Attachment: Attachment 3 - Ordinance No. MC-1557 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) Job Number: 1032-001Date: June 2020 Proposed Development Code/Zoning Map AmendmentSource(s): City of San Bernardino (2005), Nearmap Imagery (2020), SB County (2019) 0 400 800200 Feet San Manuel Industrial Park 3RD ST 5TH ST 6TH ST VICTORIA AVECENTRAL AVEALABAMA ST5TH ST 3RD ST W ST VICTORIA AVEU ST PALM AVEC I T Y O FHIGHLAN D C I T Y O FREDLAND S C I T Y O FSAN B E R N A R D I N O EXISTING 3RD ST 5TH ST 6TH ST VICTORIA AVECENTRAL AVEALABAMA ST5TH ST 3RD ST W ST VICTORIA AVEU ST PALM AVEC I T Y O FHIGHLAN D C I T Y O FREDLAND S C I T Y O FSAN B E R N A R D I N O Legend Project Site Boun dary City of San BernardinoZoning D esignations Reside ntial Mediu m (RM) In dustrial Light (IL) Pu blic Facility (PF) Industrial Residential Public/Quasi-Public Comme rcial Ge neral (CG -1) Comm erc ial Alliance California Specific Plan Districts PROPOSED 11.d Packet Pg. 242 Attachment: Attachment 4 - Ordinance No. MC-1557; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) 11.d Packet Pg. 243 Attachment: Attachment 4 - Ordinance No. MC-1557; Exhibit A (7155 : The Landing by San Manuel (Ward 1 RESOLUTION NO. 2021-58 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING APPROVAL OF DEVELOPMENT PERMIT TYPE-D 20-02 ALLOWING THE CONSOLIDATION OF FOUR (4) PARCELS CONTAINING A TOTAL OF APPROXIMATELY 52.97 ACRES AND THE DEVELOPMENT OF AN INDUSTRIAL WAREHOUSE CONTAINING APPROXIMATELY 1,153,644 SQUARE FEET ON A PROJECT SITE LOCATED ON THE SOUTH SIDE OF E. 3rd STREET, BETWEEN N. VICTORIA AVENUE AND N. CENTRAL AVENUE (APN: 0136-371-18, 33, 36 AND 37), CONSISTENT WITH A CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT (CALIFORNIA STATE CLEARINGHOUSE NO. 2020100067) WHEREAS, on June 12, 2020, pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.64 (Specific Plans) and Chapter 19.44 (Development Permits) an application for General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 was duly submitted by: Project Applicant: San Manuel Band of Mission Indians 26569 Community Center Drive Highland, CA 92346 Property Owners: San Manuel Band of Mission Indians 26569 Community Center Drive Highland, CA 92346 San Bernardino International Airport Authority 1601 E. 3rd Street, Suite 100 San Bernardino, CA 92408 Inland Valley Development Agency 1601 E. 3rd Street, Suite 100 San Bernardino, CA 92408 Property Address: South side of S. 3rd Street, between N. Victoria Avenue and N. Central Avenue APN: 0136-371-18, 33, 36 and 37 Lot Area: 52.97 acres WHEREAS, together, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 constitute the Landing by San Manuel Project (“Project”); 11.e Packet Pg. 244 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 2 WHEREAS, General Plan Amendment 20-02 is a request to allow the change of the General Plan Land Use Designation from change the general plan land use designation from Public/Quasi Public to Specific Plan of a parcel containing approximately 12.89 acres; and WHEREAS, pursuant to Public Resources Code Section 21067 of the California Environmental Quality Act (Public Resources Code §21000 et seq.) (CEQA) and Section 15367 of the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.), the City of San Bernardino is the CEQA lead agency for the proposed Project; WHEREAS, pursuant to CEQA and the CEQA Guidelines, the Planning Division of the Community and Economic Development Department of the City of San Bernardino determined that an Environmental Impact Report (EIR) should be prepared in order to analyze all potential adverse environmental impacts of the proposed Project; WHEREAS, pursuant to requirements of Section 15082 of CEQA, the Planning Division of the Community and Economic Development Department accepted the Notice of Preparation and Determination of Scope of Environmental Impact Report prepared by T&B Planning, Inc. on behalf of and submitted by the applicant (San Manuel Band of Mission Indians) for the proposed Project; WHEREAS, pursuant to Section 15082 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino issued a Notice of Preparation (NOP) of a Draft EIR (California State Clearinghouse Schedule No. 2020100067) for the proposed Project on September 30, 2020, and circulated the NOP for the CEQA-mandated thirty (30) day public review period, and a public scoping meeting was conducted on October 14, 2020 pursuant to the requirements of CEQA to allow the general public and other agencies the opportunity to submit comments as to the contents of the Draft EIR; WHEREAS, pursuant to Section 15087 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino released a Notice of Completion of the Draft EIR for the proposed Project on November 23, 2020 for the CEQA-mandated forty-five (45) day public review and comment period; WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino received comment letters on the Draft EIR from California Department of Fish and Wildlife, California Department of Transportation, City of Highland, Gabriellenio Band of Mission Indians–Kizh Nation, Inland Empire Biking Alliance, Inland Valley Development Agency, OmniTrans, San Bernardino International Airport Authority, San Bernardino County Department of Public Works, South Coast Air Quality Management District, and Southern California Association of Governments during the CEQA-mandated forty- five (45) day public review and comment period, and responded to each of them; WHEREAS, pursuant to Section 15132 of CEQA, the Planning Division of the Community and Economic Development Department of the City of San Bernardino accepted the Final EIR prepared by T&B Planning, Inc. on behalf of and submitted by the applicant for the proposed Project, which consists of the following: 1) the Public Review Draft EIR and technical 11.e Packet Pg. 245 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 3 studies, 2) the revised Draft EIR; 3) responses to comments on the Draft EIR; 4) Facts, Findings, and Statements of Overriding Considerations; and 5) the Mitigation Monitoring and Reporting Program; WHEREAS, on January 27, 2021, pursuant to the requirements of Section 19.44.030 (Project Review) of the City of San Bernardino Development Code, the Development and Environmental Review Committee reviewed the application and moved the Final EIR, General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 to the Planning Commission for consideration; WHEREAS, on February 09, 2021, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2020-003 recommending the certification of the Final Environmental Impact Report (State Clearinghouse Schedule No. 2020100067), and approval of General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20- 03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02 to the Mayor and City Council; WHEREAS, notice of the March 17, 2021 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on March 5, 2021, and was mailed to property owners within a 500 foot radius of the project site and interested parties in accordance with Development Code Chapter 19.52 (Hearings and Appeals); WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the Final Environmental Impact Report or additional environmental review under State CEQA Guidelines Section 15088.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals), 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on, the Development Permit Type-D 20-02. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. Concurrent with this Resolution, the Mayor and City Council having independently reviewed and analyzed the record before it, including the Final Environmental Impact Report (California Clearinghouse Schedule No. 202010006) and written and oral testimony, and having exercised their independent judgment, certified the Final Environmental Impact Report (California Clearinghouse Schedule No. 202010006), adopted CEQA Facts, Findings, Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program, which contains 11.e Packet Pg. 246 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 4 mitigation measures that are made conditions of approval of the Project, as to the effects of the proposed General Plan Amendment 20-02, Development Code Amendment (Zoning Map Amendment) 20-03, Specific Plan Amendment 20-01 and Development Permit Type-D 20-02. SECTION 3. Findings of Fact – Development Permit Type-D 20-02. Finding No. 1: The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact: The proposed industrial warehouse building containing approximately 1,153,644 is a permitted use within the Specific Plan – Alliance California (SP-AC) Third Street Zoning District, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type- D 20-02 will be developed in compliance with all of the applicable provisions of the City of San Bernardino Development Code, including development standards and applicable design guidelines. Finding No. 2: The proposed use is consistent with the General Plan. Finding of Fact: The Specific Plan – Alliance California (SP-AC) is intended to provide for the transition of the non-airport portion of the former Norton Air Force Base site from a single-purpose military use to a multi-use commercial/industrial center. The proposed industrial warehouse development containing approximately 1,153,644 square feet would be permitted within the Specific Plan, and is consistent with the light industrial uses within the project vicinity. The project is also consistent with the following General Plan goal and policies: Goal 4.1 encourages economic activity that capitalizes upon the transportation and locational strengths of San Bernardino. The proposed project will capitalize on the City’s transportation and locational strengths and will encourage economic development and provide employment opportunities to the City’s residents. Policy 2.5.6 requires that new development be designed to complement and not devalue the physical characteristics of the surrounding environment, including consideration of the site’s natural topography and vegetation, and surrounding exemplary architectural styles. 11.e Packet Pg. 247 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 5 Policy 5.7.6 encourages architectural detailing, which includes richly articulated surfaces rather than plain or blank walls. The project site is generally flat and has been disturbed. The site is surrounded by industrial and transportation businesses, vacant lots, and single-family residential properties. The proposed project will result in the construction of a 1,153,644 square foot industrial warehouse building with ancillary parking and landscaping. The building will be articulated on all sides through the use of varying parapet heights, corner elements and the use of color and varying materials to break up the mass of the building walls. The rooftop equipment will be screened, and extensive landscaping will be provided along the project’s frontages, consistent with these policies. Additionally, the proposed project is permitted within the Specific Plan – Alliance California (SP-AC) Third Street Zoning District, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures and is consistent with the existing Specific Plan and Industrial Land Use Designation set forth by the General Plan Land Use Map. Therefore, the proposed project is consistent with the General Plan. Finding No. 3 The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact: The proposed development of the industrial warehouse building will be harmonious and compatible with existing and future industrial developments within the Specific Plan – Alliance California (SP-AC) Third Street Zoning District. The surrounding area consists of a mixture of industrial, transportation and industrial uses. Appropriate Conditions of Approval and Mitigation Measures have been imposed on the proposed development to ensure that the surrounding area will not be negatively impacted by the development of the proposed project. The scale and density of the proposed development conforms to the development standards of the Specific Plan – Alliance California (SP-AC) Third Street Zoning District. Additionally, the proposal is consistent with both the General Plan and Development Code subject to approval of the associated amendments, and no land use conflict is expected to result from construction of the proposed project. Finding No. 4 The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and Section 19.20.030 of the Development Code. 11.e Packet Pg. 248 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 6 Finding of Fact: In accordance with Section 15089 of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report was prepared in connection with the proposed Project with the appropriate Mitigation Monitoring and Reporting Program that would ensure that Mitigation Measures are implemented to prevent potential environmental impacts. Additionally, in accordance with Section 15093 of the CEQA, if potential environmental impacts are not avoidable or substantially lessen, a statement of overriding considerations shall be provided and included in the record of the Project approval at Mayor and City Council prior to the Certification of the Final Environmental Impact Report. Finding No. 5: There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact: In accordance with Section 15089 of the California Environmental Quality Act (CEQA), a Final Environmental Impact Report was prepared in connection with the proposed Project with the appropriate Mitigation Monitoring and Reporting Program that would ensure that Mitigation Measures are implemented to prevent potential environmental impacts. Additionally, the proposed Project will be subject to Conditions of Approval as part of the development of the site. Finding No. 6: The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact: The proposed industrial warehouse building containing approximately 1,153,644 is a permitted use within the Specific Plan – Alliance California (SP-AC) Third Street Zoning District, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and Mitigation Measures. The proposal under Development Permit Type- D 20-02 with the appropriate Conditions of Approval and certification of the Final Environmental Impact Report by the Mayor and City Council. The subject site as an industrial development is sufficient in size to accommodate the proposal under Development Permit Type-D 20-02 as required by the City of San Bernardino Development Code. Therefore, the subject site is physically suitable for the proposal. Finding No. 7 There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact: There are adequate provisions for public access, public utilities, and public services for the proposed industrial warehouse building. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval and Mitigation Measures, the proposed development under 11.e Packet Pg. 249 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 7 Development Permit Type-D 20-02 will not be detrimental to public services or public health and safety. Finding No. 8 The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The proposed development of the industrial warehouse conforms to all applicable development standards and land use regulations as outline in the Specific Plan – Alliance California and the City of San Bernardino’s Development Code. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 4. Conditions of Approval. Development Permit Type-D 20-02, are hereby approved, subject to the following Conditions of Approval: 1. This approval is to change the General Plan Land Use Designation from Public/Quasi Public to Specific Plan and the Zoning District Classification from Public Facilities (PF) to Specific Plan – California Alliance (SP-AC) of a parcel (APN: 0136-371-33) containing approximately 12.89 acres; and allow the consolidation of four (4) parcels containing a total of approximately 52.97 acres and the development of an industrial warehouse containing approximately 1,153,644 square feet. The project site is located on the south side of E. 3rd Street, between N. Victoria Avenue and N. Central Avenue (APN: 0136-371-18, 33, 36 and 37). 2. The project site shall be developed and maintained in accordance with: (i) the plans stamped March 17, 2021 (Exhibit A), approved by the City, which includes a site plan, floor plan, exterior-elevations plan, and conceptual-landscaping plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations. 3. The project shall be subject to all mitigation measures contained within the Mitigation Monitoring and Reporting Program (Attachment 1, Exhibit C), dated March 17, 2021, and incorporated herein by reference as conditions of approval. 4. Within two (2) years of the approval of the Development Permit, the commencement of construction shall have occurred or the permit/approval shall become null and void. In 11.e Packet Pg. 250 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 8 addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: MARCH 17, 2023 5. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 6. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will fully cooperate in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold harmless the City of San Bernardino (“City”), any departments, agencies, divisions, boards, and/or commissions of the City, and any predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action, or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs or attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered “attorneys’ fees” for purposes of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Planning Division 7. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at, the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 8. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work. 9. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards). 11.e Packet Pg. 251 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 9 10. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application. 11. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division. 12. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equali zation), as applicable. 13. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported. 14. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 15. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed. 16. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 17. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Public Works Department 18. Drainage and Flood Control a) A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of- way dedicated as necessary. b) All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. c) If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. 11.e Packet Pg. 252 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 10 d) A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. e) A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. f) A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. g) A "Notice of Intent (NOI)" shall be filed with the State Water Quality Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. h) The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 19. Grading and Landscaping a) The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b) Pad elevations shown on the rough and/or precise grading plan shall not vary more than one-foot from the pad elevations shown on the site plan as approved by the DRC committee. c) If more than 5,000 cubic yards of earthwork is proposed, the grading shall be supervised in accordance with Section 3317.2 of the California Building Code. d) If the grading plan indicates export or import, the source of the import material or t he site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. e) If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. f) A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. 11.e Packet Pg. 253 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 11 g) Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. h) Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee. i) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with an accessible path of travel, with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet for bins storage area. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “ high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. j) Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. k) No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. l) The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide:  1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and  0.25 foot-candles security lighting during all other hours. m) The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. 11.e Packet Pg. 254 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 12 n) An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be 6.5 feet. Al l accessible parking spaces shall be a minimum of 18 feet by 9 feet net. o) Where an accessible path of travel crosses drive aisles, it shall be delineated by textured/colored concrete pavement or pavement marking. p) The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking. q) The applicant must post a Grading Bond and an On-site Bond prior to issuance of a grading permit. The amount of the bond is to be determined by the Land Development Division. r) Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. 20. On-site Utilities a) Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b) The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it. c) Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. d) Sewer main extensions required to serve the site shall be constructed at the Developer's expense. e) This project is located in the sewer service area of the East Valley Water District; therefore, any necessary sewer main extension shall be designed and constructed in accordance with requirements of the East Valley Water District. f) Onsite utility services shall be placed underground and easements provided as required. g) All onsite Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions). h) Sewers within private streets or private parking lots will not be maintained by the City but shall be designed and constructed to City Standards and inspected under a City On- Site Construction Permit. A private sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 21. Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to 11.e Packet Pg. 255 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 13 property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Right of Way(ft.) From Centerline Curb Line(ft) From Centerline 3rd Street (136-371-18,136-371-33 136-371-36, 136-371-37) 52’ Existing 0’ Dedication “Major Arterial” 40’ Existing No Parking None-Proposed Victoria Avenue “Private” (136-371-18,136-371-33 136-371-36, 136-371-37) 0’ Existing “Private Road” “Secondary Arterial” Suggested 52’ to 44’ following the standards for public streets 40’ Existing 32’± Existing 25’ Existing Suggestion 32’minimum following the existing street north of intersection of “X” Street (Private), Maintaining the 4 lanes with turn pocket. and “No Parking” b) 3rd Street (City of Highland)(Verification from City of Highland): i) The street is in fair condition and no ac improvements are needed at this time. ii) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, than a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. iii) Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed by the City Engineer. iv) The proposed driveways on 3rd Street, suggestion if used for trucks right turn only, no driveways 200’ from curb return of Victoria Avenue. v) Proposed Driveway at Central Avenue is not acceptable, either rebuild with agreements to next property or place driveway 200’ to the west of Property line. vi) When closing of private “W” Street, private street 106th St and 107th St will become land locked as well as a few properties. Please provide proposed access for these parcels vii) No Parking will be allowed on 3rd Street, install signs per city standards viii) Replace any damaged Bike Lane striping. ix) Trash Provisions 13383 Order – Phase I MS4 – 8-30-2017 by City Manager) Install a city approved trash screen and filtration device in the catch basins. 11.e Packet Pg. 256 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 14 x) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance to California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. c) Victoria Avenue (Private Road): i) The street is in fair condition and no ac improvements are needed at this time. ii) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, than a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. iii) Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed. iv) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. v) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) No Parking will be allowed on Victoria Avenue, install signs per city standards vii) Trash Provisions 13383 Order – Phase I MS4 – 8-30-2017 by City Manager) Install a city approved trash screen and filtration device in the catch basins. viii) Utility poles shall be relocated to 2’ behind face of curb, if the pole is in a sidewalk area an ADA minimum 4’ by-pass is required. ix) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance to California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. If a Scoping Form is required, this form shall indicated the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). d) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure as required by the City to the satisfaction of the City Engineer. The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) 11.e Packet Pg. 257 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 15 and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. e) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. f) City approved trash screens and filtration devices shall be installed in all catch basins or manhole connections. g) A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. h) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. i) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. j) The above conditions shall comply with current codes, policies, and standards at time of construction. k) Prior to Certificate of Occupancy or Completion of Project all As-built shall be submitted to Public Works. l) The Street Improvements and Dedications hereinabove may be amended subject to the approval of the City Engineer. 22. Traffic Requirements a) The following improvements shall be made. The project developer shall obtain all permits and approvals from the City of San Bernardino, City of Highland, San Bernardino International Airport Authority, and/or IVDA for improvements in the respective jurisdictions, including for curb cuts to accommodate site access. i. Victoria Avenue & Driveway A: A stop control shall be installed on the westbound approach with a right turn lane. ii. Victoria Avenue & Driveway B: A stop control shall be installed on the westbound approach with a shared left-right turn lane. Also, a southbound left turn lane with a minimum of 50-feet of storage shall be installed. iii. Driveway C & W Street: A stop control shall be installed on the southbound approach with a shared left-right turn lane. iv. Driveway D & 3rd Street: A stop control shall be installed on the northbound approach with a shared left-right turn lane. Also, westbound left turn storage is to be accommodated within the existing painted median. 11.e Packet Pg. 258 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 16 v. Driveway E & 3rd Street: A stop control shall be installed on the northbound approach with a shared left-right turn lane. Also, 3rd Street shall be restriped to accommodate a painted median (two-way-left-turn lane) between Driveway E and Central Avenue to accommodate westbound left turns into the site. b) Prior to issuance of the first occupancy permit for the project, the project developer shall make a fair share fee payment to the City of San Bernardino, which the City shall place into an account to use for the intersection improvements identified on Table 1-3 of The Landing by San Manuel Traffic Analysis, prepared by Urban Crossroads and dated November 4, 2000. The fee shall be $43,558.00, unless improvement plans and construction costs had been prepared by the City of San Bernardino that indicate a different amount based on the project’s fair share percentages indicated in Table 1-3 of the Traffic Analysis. c) Prior to issuance of the first occupancy permit for the project, the project developer shall provide evidence to the City of San Bernardino that a fair share fee payment has been offered to the City of Highland for intersection improvements to be implemented by the City of Highland at the locations indicated on Table 1-3 of The Landing by San Manuel Traffic Analysis, prepared by Urban Crossroads and dated November 4, 2000. The fair share amount shall be $112,999.00, unless improvement plans and construction costs had been prepared by the City of Highland that indicate a different amount based on the project’s fair share percentages shown in Table 1-3 of the Traffic Analysis. d) Prior to issuance of the first occupancy permit for the project, the project developer shall provide evidence to the City of San Bernardino that a fair share fee payment has been offered to Caltrans for ramp improvements to be implemented by Caltrans at the locations indicated on Table 1-3 of The Landing by San Manuel Traffic Analysis, prepared by Urban Crossroads and dated November 4, 2000. The fee shall be $5,591.00, unless improvement plans and construction costs had been prepared by Caltrans that indicate a different amount based on the project’s fair share percentages shown in Table 1-3 of the Traffic Analysis. 23. Integrated Solid Waste Management a) A complete submittal for plan checking shall consist of: During demolition and/or construction, services are to be provided through the City of San Bernardino’s exclusive franchised hauler Burrtec Waste Industries, Inc. b) At a minimum, the City’s Standard Plan 508 Refuse Enclosure minimum interior dimensions of 8’x15’ must be met for bin storage. The Site Plan dated 1/22/2021, identifies two refuse enclosures at the northwest and southeast corners of the site. The enclosures are accessed on a looped driveway. No dimensions are provided. The proposed enclosure locations meet Burrtec Waste minimum requirements for location and accessibility. c) Standard commercial collection services for trash and mixed recyclables will be provided. It is recommended that consideration also be given to additional waste management and recycling services during the design process. Potential tenants may 11.e Packet Pg. 259 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 17 require trash compactors, cardboard balers, and roll-off boxes. If tenant(s) are involved in the production or distribution of food products, the tenant(s) will be required to participate in food waste recycling as mandated by Assembly Bill 1826. d) Check with the Building & Safety Division for any required ADA modifications. The bin storage area must still meet the minimum interior dimensions of 8’x15’. e) PLEASE NOTE: Any changes to the overall project design, enclosure specifications, location, or access may adversely impact the City franchised hauler’s ability to provide service. Any design modifications that could impact service are subject to review and approval. f) If gated provide access by means of a key, code, or remote. g) Assembly Bill 341 Mandatory Commercial Recycling may apply. h) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. i) Upon completion service is provided through the City of San Bernardino’s exclusive franchised hauler Burrtec Waste Industries, Inc. 24. Mapping a) A Final Map based upon field survey will be required. b) An approved tentative parcel map is required prior final map submittal. c) The applicant‘s surveyor/engineer shall submit a Final Map with supporting documents for review and approval to Land Development. The Final map shall be recorded prior to building permit issuance. 25. Required Engineering Plans a) A complete submittal for plan checking shall consist of:  lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan),  grading (may be incorporated with on-site improvement plan),  on-site improvement plans and on-site landscaping and irrigation,  water plans (shall be submitted to San Bernardino Municipal Water Department),  landscaping and irrigation, and  street improvement plans (include engineering conditions , city standards, and cross sections in these plans),  if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans,  traffic signal plans must be submitted on a separate plan sheets included in the street improvement plans (if required by conditions or traffic reports), 11.e Packet Pg. 260 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 18  signing and striping plan (shall be in sheets included on separate plan sheets included in street improvement plans),  lighting for offsite plans (shall be in sheets included on separate plan sheets included in street improvement plans,),  if CFD Plans are required, then they shall include Landscaping, Irrigation, Basins, etc. that are included in the CFD that are not listed in the plans above.  other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed.  All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) 26. Required Engineering Permits a) Grading permit. b) On-site improvements construction permit (except buildings - see Development Services- Building Division), including landscaping. c) Landscape & irrigation construction permit. d) Off-site improvement construction permits. e) Traffic Control and ROW Permits. 27. Applicable Engineering Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org San Bernardino County Consolidated Fire District 28. The development shall have a minimum of two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. A Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. One way road width shall be twenty (20) feet minimum. 29. In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. 11.e Packet Pg. 261 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 19 30. Building plans shall be submitted to the Fire Department for review and approval. 31. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. 32. Commercial and industrial developments of 100,000 sq. ft. or less shall have the street address installed on the building with numbers that are a minimum six (6) inches in height and with a three quarter (3/4) inch stroke. The street address shall be visible from the street. During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional non-illuminated contrasting six (6) inch numbers shall be displayed at the property access entrances. 33. An automatic fire sprinkler monitoring fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a Fire Department approved fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal. 34. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department. 35. Fire Hydrant Replacement. Replacement of substandard fire hydrant(s) is required along with the required fire flow. The applicant is required to provide a minimum of one new six (6) inch fire hydrant assembly with two (2) two and one half (2 1/2) inch and one four (4) inch outlet. In areas that are subject to freezing the fire hydrant shall be a Dry Barrel type and approved by the local water company. In lieu of these water improvements, fire staff may approve a residential fire sprinkler system for single family dwellings. Fire hydrants shall be installed in accordance to Fire Department. 36. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 37. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor. The fire sprinkler contractor shall submit plans to the with hydraulic calculation and manufacturers specification sheets to the Fire Department for approval and approval. The contractor shall submit plans showing type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal. 38. The applicant shall submit an application for high-piled storage (internal storage over 12’ in height), detailed plans and a commodity analysis report to the Fire Department for review and approval. The applicant shall submit the approved plan to Building and Safety for review with building plans. If the occupancy classification is designated as S-2, commodities to be 11.e Packet Pg. 262 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 20 stored will be limited to products of light hazard classification only. The required fees shall be paid at the time of plan submittal. 39. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves and signs off on the Building and Safety job card for “fire final” 40. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department” Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department. 41. An approved Fire Department key box is required. In commercial, industrial and multi- family complexes, all swing gates shall have an approved fire department Knox Lock. 42. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox Box) is required. 43. Construction permits, including Fire Condition Letters, shall automatically expire and become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred with 180 days of any previous inspection. After a construction permit or Fire Condition Letter, becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. A request to extend the Fire Condition Letter or Permit may be made in writing PRIOR TO the expiration date justifying the reason that the Fire Condition Letter should be extended. 44. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions, including width, vertical clearance and turnouts. 45. Prior to building permits being issued to any new structure, the secondary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance and turnouts. 46. Solar / Photovoltaic System Plans. Plans shall be submitted online through EZOP to the Fire Department for review and approval. Plans must be submitted and approved prior to Conditional Compliance Release of Building. 47. The project shall be subject to the following Fired Department Standards: a) Standard A-1 – Fire Apparatus Access Road Design, Construction And Maintenance 11.e Packet Pg. 263 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 21 b) Standard A-2 – Fire Apparatus Access Road Designation And Marking c) Standard A-3 – Gates And Other Obstructions To Fire Department Access d) Standard A-4 – Fire Department Access Key Boxes e) Standard B-1 – Premise And Building Identification And Addressing f) Standard B-2 – Construction Site Fire Safety g) Standard F-1 – Fire Sprinkler Systems In Commercial And Industrial Buildings h) Standard F-4 – Post Indicator Valves And Fire Department Connections i) Standard F-5 – Design, Installation And Maintenance Of Fire Alarm Systems j) Standard S-1 – High Pile Storage/Warehouse Buildings k) Standard W-2 – Onsite Fire Protection Water Systems 48. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire Apparatus at a minimum of 80K pounds. 49. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. The applicant is required to provide a minimum of one new six (6) inch fire hydrant assembly with one (1) two and one half (2 1/2) inch and two (2) four (4) inch outlet. All fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than one hundred fifty (150) feet from any portion of a structure. Municipal Water Department – Engineering Division 50. If any new domestic, landscape, &/or fire services are needed a request for any old services to be abandoned must be received prior to water capacity credits applied to the new services. 51. Sewer connection & capacity fees due prior to issuance of a building permit services cannot be shared between parcels unless lots are merged. 52. Water main extension and relocation of existing facilities required per rule and regulation No. 20. 53. A water supply assessment is required per California water code 10912. 54. If there are any street improvements associated with the project then it is the developer/s and/or engineer/s responsibility to submit a copy of the street improvements plans to SBMWD’s engineering section for review. 55. Field fire flows are recommended during the design phase due to changing/improving field conditions. SECTION 5. The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. 11.e Packet Pg. 264 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 22 SECTION 6. Notice of Determination. The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino And State Clearinghouse within five (5) working days of Project approval. SECTION 7. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. 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 _________, 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 11.e Packet Pg. 265 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 23 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. 2021-58, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 11.e Packet Pg. 266 Attachment: Attachment 5 - Resolution 2021-58 [Revision 1] (7155 : The Landing by San Manuel (Ward 1)) 11.f Packet Pg. 267 Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) 11.f Packet Pg. 268 Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) Overall Floor PlanDAB-A2.1Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTIONfax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.SAN BERNARDINO, CA17193CC01/22/21DEA, INC. CAUTION: IF THIS SHEET IS NOT 30"X42" IT IS A REDUCED PRINTHunter Landscapetel:(909) 864-893326569 COMMUNITY CENTER DRIVEHIGHLAND, CA 92346SAN MANUEL BAND OFMISSION INDIANSGENERAL NOTES - FLOOR PLANKETNOTES - FLOOR PLAN11.fPacket Pg. 269Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) ElevationsDAB-A3.1 Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTIONfax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.SAN BERNARDINO, CA17193CC01/22/21DEA, INC. CAUTION: IF THIS SHEET IS NOT 30"X42" IT IS A REDUCED PRINTHunter Landscapetel:(909) 864-893326569 COMMUNITY CENTER DRIVEHIGHLAND, CA 92346SAN MANUEL BAND OFMISSION INDIANS11.fPacket Pg. 270Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) ElevationsDAB-A3.2Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTIONfax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.SAN BERNARDINO, CA17193CC01/22/21DEA, INC. CAUTION: IF THIS SHEET IS NOT 30"X42" IT IS A REDUCED PRINTHunter Landscapetel:(909) 864-893326569 COMMUNITY CENTER DRIVEHIGHLAND, CA 92346SAN MANUEL BAND OFMISSION INDIANS11.fPacket Pg. 271Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) Owner:Project:Consultants:Project Number:Revision:Date:Drawn by:Title:Sheet:C I V I LSTRUCTURALMECHANICALPLUMBINGELECTRICALLANDSCAPESOILS ENGINEERFIRE PROTECTIONfax: 949 863 0851tel: 949 863 1770email: hpa@hparchs.com92612irvine, ca18831 bardeen avenue, - ste. #100hpa, inc.SAN BERNARDINO, CA17193CC01/22/21DEA, INC. CAUTION: IF THIS SHEET IS NOT 30"X42" IT IS A REDUCED PRINTHunter Landscapetel:(909) 864-893326569 COMMUNITY CENTER DRIVEHIGHLAND, CA 92346SAN MANUEL BAND OFMISSION INDIANSSectionsDAB-A4.111.fPacket Pg. 272Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) Feathery CassiaSenna artemisioidesAutumn SageSalvia greggiiTexas RangerLeucophyllum ssp.SIZEREMARKSSYMBOL SHRUBSBOTANICAL/COMMON NAMEWUCOLSTexas PrivetLigustrum j. Texanum5 GalL5 GalM5 GalLMexican SageSalvia leucanthaAllen Chickering SageSalvia c. 'Allen Chickering'5 GalL5 GalL5 GalLCistus 'Sunset Pink'Sunset Pink Rockrose5 GalMRed Bird of ParadiseCaesalpinia pulcherrima5 GalLYellow BellsTecoma stans5 GalLWormwoodArtemisia spp.5 GalLCoffeeberryRhamnus spp.5 GalLACCENTSSIZEREMARKSSYMBOL BOTANICAL/COMMON NAMEWUCOLSDasylerion wheeleriDesert SpoonHesperaloe parvifloraRed Yucca5 GalLAgave spp.AgaveLantana 'Gold Mound'Yellow LantanaAloe spp.Aloe5 GalL5 GalL5 GalL5 GalLBaileya multiiradiataDesert Marigold1 GalL8' O.C.1 Gal36" O.C.1 GalLantana 'Gold Mound'Acacia redolens 'Low Boy'Dwarf AcaciaYellow LantanaGROUNDCOVER48" O.C.1 GalRosmarinus o. 'Huntington Carpet'6' O.C.1 GalBaccharis p. 'Pigeon Point'Dwarf Coyote BushLLLLSPACINGSIZEREMARKSSYMBOL BOTANICAL/COMMON NAMEWUCOLSProstrate RosemaryLonicera j. 'Halliana'Hall's HoneysuckleMyoporumMyoporum parvifolium48" O.C.1 GalLL1 Gal36" O.C.Altas FescueFestuca mairei24" O.C.1 GalM18" O.C.1 GalSesleria autumnalisMMoor GrassBlue FescueFestuca o. 'Glauca'12" O.C.1 GalML1 Gal30" O.C.Pennisetum orientaleOriental Fountain GrassPink MuhlyMuhlenbergia capillarisL1 Gal36" O.C.12" O.C.4" PotsSenecio mandraliscaeMBlue Fingers48" O.C.1 GalSalvia 'Bee's Bliss'LBee's Bliss SageGrassGrassGrassGrassGrassAchillea millefoliumBasin Seed MixEschshholzia caespitosaJuncus bufoniusLeymus tritcoides RioDescampsia cespitosaFestuca rubra 'Molate'Hordium brachyantherumMuhlenbergia rigensMuhlenbergia microspermaHordium depressum1 lbs/ac1 lbs/ac1 lbs/ac1 lbs/ac3 lbs/ac3 lbs/ac4 lbs/ac20 lbs/ac6 lbs/ac6 lbs/ac800 lbs/ac2000 lbs/ac7-2-1 Biosol organic fertilizerWood cellulose fiberStabilizing binder150 lbs/ac20 lbs/acEndo net mycorrhizal inoculumBrisbane BoxTristania confertaTREES48" BoxAfrican SumacRhus lancea28LBOTANICAL/COMMON NAMESYMBOL PLANTING LEGENDWUCOLSSIZEQTYREMARKSM2315 GalStandardChitalpa tashkentensisChitalpaL11124" BoxStandardStandardChilean MesquiteProsopis chilensis24" Box18LCercidium 'Desert Museum'Blue Palo VerdeChilopsis linearisDesert WillowL1948" BoxMultiL448" BoxBrahea armataBlue Hesper PalmL1524" BoxMultiStandardPinus eldaricaAfghan PineL2424" BoxStandardAcacia farnesianaSweet Acacia24" BoxL32Standard7336" BoxStandard24" Box12Washingtonia robustaMexican Fan PalmLSkinned910' bt3RD STREETVICTORIA ENHANCEDLANDSCAPECity Of San Bernardino, California20-00212.19.19The Landing by San Manuel05'10'20'711 FEE ANA STREET714.986.2400 FAX 714.986.2408PLACENTIA, CA 92870N12.26.1902.10.2002.24.2005.08.2006.05.2008.26.2009.04.2009.09.20Scale: NTS11.fPacket Pg. 273Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 11.f Packet Pg. 274 Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) 11.f Packet Pg. 275 Attachment: Attachment 6 - Resolution No. 2021-58; Exhibit A (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 276 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 277 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 278 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 279 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 280 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 281 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 282 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 283 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 284 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 285 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 286 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 287 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 288 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 289 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 290 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 291 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 292 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 293 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 294 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 295 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 296 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 297 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 298 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 299 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 300 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 301 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 302 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 303 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 304 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 305 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 306 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 307 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 308 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 309 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 310 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 311 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 312 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 313 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 314 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 315 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 316 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 317 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 318 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 319 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 320 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 321 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 322 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 323 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 324 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 325 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 326 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 327 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 328 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 329 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 330 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 331 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 332 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 333 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 334 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 335 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 336 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 337 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 338 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 339 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 340 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 341 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 342 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.g Packet Pg. 343 Attachment: Attachment 7 - Planning Commission Resolution No. 2021-003 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 344 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 345 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 346 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 347 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 348 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 349 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 350 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 351 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 352 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 353 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 354 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 355 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 356 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 357 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 358 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 359 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 360 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 361 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 362 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 363 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 364 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 365 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 366 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 367 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 368 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 369 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 370 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 371 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 372 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 373 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 374 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 375 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 376 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 377 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 378 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 379 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 380 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 381 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 382 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 383 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 384 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 385 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 386 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 387 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 388 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 389 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 390 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 391 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 392 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 393 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 394 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 395 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 396 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 397 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 398 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 399 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 400 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 401 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 402 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 403 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 404 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 405 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 406 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 407 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 408 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 409 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 410 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 411 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 412 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 413 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 414 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 415 Attachment: Attachment 8 - 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Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 430 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 431 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 432 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 433 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 434 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) 11.h Packet Pg. 435 Attachment: Attachment 8 - Planning Commission Staff Report, dated February 9, 2021 (7155 : The Landing by San Manuel (Ward 1)) CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com Stephanie Sanchez SAN BERNARDINO CITY DEV SERVICE 300 NORTH D ST #300 SAN BERNARDINO, CA 92418 HRGSB NOTICE OF HEARING-SB 3.17.2021 Legal Ad 03/05/2021 Publication Total $222.20 $222.20 Notice Type: Ad Description COPY OF NOTICE 3447103 !A000005656902! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday,M arch 17,2021 at 7:00 p.m.,Web Conference via Zoom, San Bernardino,California 92410,on the following item(s): General Plan Amendment 20-02, Develop ment Code Amend ment (Zoning Map Amendmen t)20-03, Specific Plan Amen dment 20-01, and Developmen t Permi t T ype-D 20-02 ---A request to allow the change of the General Plan Land Use Designation from Public/Quasi Public to Specific Plan and the Zoning District Classification from Public Facilities (PF)to Specific Plan ---Alliance California (SP-AC) of one (1)parcel containing approximately 12.89 acres;allow the consolidation of four (4)parcels containing a total of approximately 52.97 acres;and,allow the development of an industrial warehouse containing approximately 1,153,644 square feet. The project site is located at the South side of East 3rd Street, between N.Victoria Avenue and N. Central Avenue (APN:0136-371-18, 33,36,and 37). Environmental Determination: Final Environmental Impact Report (California State Clearinghouse Schedule No.2020100067),pursuant to §15089 (Preparation of Final EIR) of the California Environmental Quality Act Owner:San Bernardino International Airport Authority (SBIAA)and San Manuel Band of Mission Indians (SMBMI) Applicant:San Manuel Band of Mission Indians (SMBMI) The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items.The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions.The public is welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please contact the Community and Economic Development Department at City Hall,or by phone at (909)384-7272. If you challenge the resultant action of the Mayor and City Council in court,you may be limited to raising 11.i Packet Pg. 436 Attachment: Attachment 9 - Legal Ad Notice, posted March 5, 2021 (7155 : The Landing by San Manuel (Ward 1)) only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. 3/5/21 SBS-3447103# 11.i Packet Pg. 437 Attachment: Attachment 9 - Legal Ad Notice, posted March 5, 2021 (7155 : The Landing by San Manuel (Ward 1)) General Plan Amendment 20-02,Development Code Amendment (Zoning Map Amendment) 20-03, and Development Permit Type-D 20-02 P res ented by Eliz abeth M ora-R odrigu ez, Associate Planner Community and E conom ic D ev elopment D epartm ent 11.j Packet Pg. 438 Attachment: Attachment 10 - City Staff Power Point Proposed Project: Change the General Plan Land Use Designation from Publi/Quasi to Specific Plan and Zoning District Classification from Public Facilities to Specific Plan - Alliance California Third Street for the project site containing approximately 12.89 acres Consolidation of 4 parcels containing 52.97 acres Development of an Industrial Warehouse approximately 1,153,644 square feet (The Landing By San Manuel) South Side of East. 3rd Street, between N. Victoria Ave and N. Central Ave. 11.j Packet Pg. 439 Attachment: Attachment 10 - City Staff Power Point Aerial Map: 11.j Packet Pg. 440 Attachment: Attachment 10 - City Staff Power Point Zoning Designation: 11.j Packet Pg. 441 Attachment: Attachment 10 - City Staff Power Point Analysis: Specific Plan – Alliance California Purpose: Transition of the Non-Airport portion of the Former Norton Airforce Base site from a single-purpose military use to a multi-use industrial center The purpose of the amendment is to provide for the transition by incorporating12.89 acres from Southern portion of Site and removing 4.97 acres located to the West of Victoria Ave. Interior Floor Space Includes: - warehouse: 1,060,144 s - Office: 20,000 s.f. - Mezzanine: 73,500 s.f. Architecture - Reduce Mass of Structure Vertical and Horizontal Articulation with Glazed Windows Color: Mixture of Shades of Grey with White 11.j Packet Pg. 442 Attachment: Attachment 10 - City Staff Power Point Elevations: 11.j Packet Pg. 443 Attachment: Attachment 10 - City Staff Power Point Site Plan: 11.j Packet Pg. 444 Attachment: Attachment 10 - City Staff Power Point TRAFFIC ANALYSIS: 11.j Packet Pg. 445 Attachment: Attachment 10 - City Staff Power Point Analysis Cont.: Landscape Design Take advantage of the history of the site and enhance the historical aspects of the Norton Airforce Base and surrounding area through by incorporating art features. 3rd Street Streetscape: Architecturally treated screen wall with vertical and horizontal breaks, and columns Columns will incorporate colorful inset tiles depicting historical imagery Layered landscaping consisting of taller trees (24” & 36”) , accent shrubbery, and low ground cover to reduce vandalism Water Tower Center: Water tower will incorporate an art design representative of the Norton Airforce Base. Picnic area, walkways with concrete paver design Plants – Palms, Citruses, Orchards and similar types of trees 11.j Packet Pg. 446 Attachment: Attachment 10 - City Staff Power Point Conceptual Landscape Plan: 11.j Packet Pg. 447 Attachment: Attachment 10 - City Staff Power Point Conceptual Landscape Plan: 3RD ST. STREETSCAPE WATER TOWER CENTER 11.j Packet Pg. 448 Attachment: Attachment 10 - City Staff Power Point View Southeast – 3rd & Victoria 11.j Packet Pg. 449 Attachment: Attachment 10 - City Staff Power Point View Southwest – 3rd & Central 11.j Packet Pg. 450 Attachment: Attachment 10 - City Staff Power Point View Northeast From Victoria 11.j Packet Pg. 451 Attachment: Attachment 10 - City Staff Power Point View Northwest From Onsite 11.j Packet Pg. 452 Attachment: Attachment 10 - City Staff Power Point Recommendation: Adopt Resolution No. 2021-0XX certifying the Final Environmental Impact Report (State Clearinghouse No. 2020100067), adopting the Facts, Findings, and Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 20-02; and Introduce for first reading, Ordinance No. MC-XXXX of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 20-03 and Specific Plan Amendment 20-01; and Adopt Resolution No. 2021-0XX of the Mayor and City Council of the City of San Bernardino, California, approving Development Permit Type-D20-02 ; and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on April 7, 2021. The Mayor and City Council: 1. 2. 3. 4. 11.j Packet Pg. 453 Attachment: Attachment 10 - City Staff Power Point March 17, 2021 1 11.k Packet Pg. 454 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by PROVIDING FOR ALL GENERATIONS TO COME Guided by the Tribe’s spirit of Yawa’ – the principle of acting on one’s beliefs – we are dedicated to sustainable growth for San Manuel and the community-at-large. 70% of Our Community Investments are Directed Locally 2 11.k Packet Pg. 455 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Supporting a Better Community San Manuel has donated over $280 million since 2003 $25M $14M $7.3M $1M Loma Linda University For Children Hospital allowing them to continue as the leader of high-risk birth care in the region Claremont Graduate University For state-of-the-art health research center supporting the region's underserved populations Mary’s Mercy Center To build San Bernardino's first transitional housing complex for men experiencing homelessness Small Business Relief Fund To support non-essential businesses through the hardships of the COVID-19 pandemic 3 11.k Packet Pg. 456 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Building a Better Community Sewer Main Line Replacement Upgrade of a 1.7-mile stretch of sewer pipeline to support new water reclamation center Victoria Ave. Improvements Repair and resurface Victoria from Airport including neighborhood side streets 3rd & 5th St. Corridor Improvements Intergovernmental partnership to improve roadways and infrastructure for better airport access 4 11.k Packet Pg. 457 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Comprehensive Development Review 5 •EIR was prepared by an independent & highly respected CEQA Consulting firm (T&B Planning) •The EIR was peer reviewed by a separate independent & respected third party CEQA consultant (PlaceWorks) •The EIR was reviewed and approved by the City Attorney •Extensive public review and comment periods, including the following: o 30-day comment and hearing on the scope of the study o 45-day comment period on the Draft EIR o A Final EIR o 3 Development Environmental Review Committee Meetings o Planning Committee Hearing o 2 upcoming City Council Hearings (TBD) •All comments received were formally responded to in the Final EIR (FEIR) 11.k Packet Pg. 458 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by This is a Speculative Project. No tenant has been identified or selected. The Project 6 11.k Packet Pg. 459 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Site Plan 7 Roof Mounted Solar Panels Enhanced Landscaping “State of the Art” Class “A” Building 11.k Packet Pg. 460 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Implementation of City’s Vision •Meets IVDA vision for base closure redevelopment •Consistent with City’s General Plan & Alliance California Specific Plan •Surrounded by airport and other industrial uses •In the geographic area designated 20+ years ago for industrial uses 8 11.k Packet Pg. 461 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by View to SE from 3rd & Victoria 9 Current Conditions Future Conditions with Project 11.k Packet Pg. 462 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by View to SW from 3rd & Central 10 Current Conditions Future Conditions with Project 11.k Packet Pg. 463 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by View to the West along 3rd St. Frontage 11 Current Conditions Future Conditions with Project 11.k Packet Pg. 464 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Design Elements 12 11.k Packet Pg. 465 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Water Tower Park 11.k Packet Pg. 466 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Project 13 Electric Truck Charging Infrastructure Electric Vehicle Charging Solar Energy Future Regional Bike Trail New Bus Stop Drought Tolerant Landscaping 14 11.k Packet Pg. 467 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Project Benefits 15 Community Infrastructure Improvements Celebration of Area’s History Development Fees & Tax Revenues Jobs! Jobs ! Jobs! Improved Neighborhood Security Local Economy Boost 11.k Packet Pg. 468 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by HAKUP A’AI (THANK YOU) 16 11.k Packet Pg. 469 Attachment: Attachment 11 - Applicant's Power Point Presentation (7155 : The Landing by Page 1 Public Hearing City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Substantial Amendment to FY 2020-2021 Action Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California hold a public hearing, and 1. Adopt a Substantial Amendment to the FY 2020-2021 Action Plan; 2. Direct the Finance Director to amend the Fiscal Year 2020-2021 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 3. Direct the Finance Director to establish a new fund and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; and 4. Authorize the City Manager or designee to take any further actions and execute any further documents and certifications as may be ne cessary to effectuate the submittal of the Substantial Amendment to the Fiscal Year 2020 -2021 Action Plan. Background On April 15, 2020, the Mayor and City Council approved the City of San Bernardino's (City) Draft Fiscal Year 2020-2021 Action Plan (FY 2020-21 AP). On July 1, 2020, HUD approved the City’s FY 2020-21 AP. As a result of supplemental allocations provided to the City through the federal CARES Act, a substantial amendment was required to the FY 2020-21 AP. As such, on August 19, 2020, the Mayor and City Council approved the City’s Substantial Amendment to the FY 2020 -2021 Action Plan. On September 11, 2020, the City of San Bernardino was notified that it had received another supplemental allocation of CDBG funds to be used to prevent, prep are for and respond to the Coronavirus (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 $1,702,135 in Community Development Block Grant (CDBG -CV3). Pursuant to HUD regulations, CDBG-CV funds can be used for the following: 1) 12 Packet Pg. 470 7167 Page 2 buildings and improvements, including public facilities, such as improve ments to public restrooms at a public park to prevent and prepare from the pandemic; 2) public services such as provide equipment, supplies, and materials necessary to carry-out a public service; and 3) administration such as planning and research. These f unds can only be utilized in CDBG eligible census tract areas. Based on the additional allocation of CDBG-CV3 monies in FY 2020-2021, it is required that the City prepare a second Substantial Amendment to its FY 2020 -2021 Annual Action Plan. Discussion When a substantial change such as an increase or reduction in funds, or addition or cancelation 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. After review and consideration of the funding guidelines and available resources considered in combination with the City’s facility and operational needs in response to the COVID-19 pandemic, staff has identified the following projects to be included in the proposed Substantial Amendment to FY 2020-2021 Action Plan (Refer to Attachment 2 - Table 1). 1. Fifth Street Senior Center: Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. Amount recommended: $175,000 2. Encanto Community Center: Staff recommends funding the redesign of the lobby in order to accommodate social distancing. Staff also recommends funding for the installation of partition walls and counters, installation of touchless automatic entry doors, and various touchless restroom fixtures. Amount recommended: $371,700 3. Community Centers/Libraries: Staff also recommends funding for the design and installation of touchless automatic entry doors at the following community centers and libraries: a. Fifth Street Senior Center; b. Perris Hill Senior Center; c. Feldheym Central Library (F Street entry); d. Howard M. Rowe Library; and e. Villaseñor Library. Amount recommended: $515,008 4. Update of the City of San Bernardino’s Local Hazard Mitigation Plan (LHMP) and the Emergency Operations Plan (EOP): Staff recommends funding the update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). The City's EOP addresses the planned response to emergencies associated with natural disasters, technological incidents, and national security emergencies. The plan's objective is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. The City's LHMP is intended to reduce 12 Packet Pg. 471 7167 Page 3 and eliminate loss of life and property from natural hazards. Both plans were last updated in 2016 and adopted by the Mayo r and City Council on October 14th, 2016. The LHMP must be updated every five years to comply with the Disaster Mitigation Act and Federal current mitigation grant conditions. The City will not be eligible for future Federal and State disaster mitigation f unds, unless the LHMP is updated. The COVID-19 pandemic has been an unprecedented disaster that has affected City operations across all departments. The duration of the COVID -19 pandemic's impact on the community and City functions is unknown; therefore, i t is critical that the EOP and LHMP be updated to provide City leaders and personnel guidance during emergency operations in a COVID-19 environment. Amount recommended: $300,000 On February 16, 2021, a meeting of the CDBG Committee was held to review th e proposed amendments to the 2020 -2021 action plan with only one member of the City Council present. After receiving the staff presentation, Councilmember Juan Figueroa requested that consideration be given to including Lytle Creek Community Center on the project list. At this time staff recommends proceeding with the proposed projects as they meet both the funding guidelines and identified operational needs. Consideration of additional projects such as upgrades to the Lytle Creek Community Center can be considered as part of the CDBG FY 2021 -22 action plan which will be presented in a public hearing for Council consideration sometime in June 2021. 2020-2025 Key Strategic Targets and Goals The proposed Substantial Amendment to the Action Plan will contin ue to insure that public projects benefit the residents of San Bernardino will meet Key Target No. 3: Improved Quality of Life by modifying community areas to prevent the spread of COVID- 19, by improving the City’s infrastructure, and by updating the City’s Local Hazard Mitigation Plan and the Emergency Operations Plan to assist City leaders and personnel in responding to hazards and disasters in a COVID-19 or pandemic related environment. Fiscal Impact The FY 2020-2021 CDBG-CV3 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, and 1. Adopt a Substantial Amendment to the FY 2020-2021 Action Plan; 2. Direct the Finance Director to amend the Fiscal Year 2020-2021 Budget pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 3. Direct the Finance Director to establish a new fund and associated accounts for the Community Development Block Grant (CDBG-CV3) pursuant to the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan; 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 12 Packet Pg. 472 7167 Page 4 submittal of the Substantial Amendment to the Fiscal Year 2020-2021 Action Plan. Attachments Attachment 1 PowerPoint Presentation Attachment 2 CDBG-CV3 Project Proposals FY 2020-2021 Substantial Amendment to FY 2020-2021 Annual Action Plan Attachment 3 Substantial Amendment to FY 2020-2021 Annual Action Plan Ward: All Synopsis of Previous Council Actions: September 16, 2020 Mayor and City Council approved the City’s Substantial Amendment to the FY 2020-2021 Annual Action Plan 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 12 Packet Pg. 473 Overview of What is Community Development Block Grant (CDBG) Funding and Substantial Amendment to FY 2020-2021 Action Plan Community & Economic Development Department City Council Meeting March 17, 2021 12.a Packet Pg. 474 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Introduction to Community Development Block Grant (CDBG) ØCDBG was enacted by President Gerald Ford and authorized by Ti tle 1 of the Housing and Community Development Act of 1974. ØIt is one of HUD’s longest running programs. 2 12.a Packet Pg. 475 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- CDBG Program Goals ØThe goals of the program is the development of viable communities which are achieved by assisting persons of moderate and low income attain: o Decent housing; o A s uitable living environment; and o Expanded economic opportunities. 3 12.a Packet Pg. 476 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- CDBG Program Goals ØTo achieve the goals of the program the regulations establish eligible activities and national objectives that each activity must meet in order to be funded. The City as a grantee is required to ensure that each activity meets the national objective and is an eligible CDBG activity. 4 12.a Packet Pg. 477 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Entitlement Program ØCDBG consists primarily of an entitlement program that provides formula grants to metropolitan cities and urban counties. o The entitlement program is the largest component of the program, receiving 70% of CDBG appropriations. o Under the entitlement program, a city in a metropolitan area with a population of 50,000 or more, or an urban county with a population of 200,000 or more is eligible to receive an annual allocation of CDBG funds directly from HUD. 5 12.a Packet Pg. 478 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Entitlement Program (continued) ØThe grant amounts to cities and counties are determined by the higher of two formulas: §Data based on overcrowded housing, population and poverty (benefits rapidly growing cities wi th high poverty and lack of affordable housing); or §Data based on age of housing, population growth lag and poverty (benefits older cities with large amounts of old and deteriorating housing). o The City of San Bernardino began receiving an annual allocation in 1994. o In FY 2020-21 the City received $3,405,297 in CDBG 6 12.a Packet Pg. 479 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Consolidated Plan/Annual Action Plan Ø In order to receive its annual allocation the City must complete a five year Consolidated Plan. The Consolidated Plan reports on data specific to the community and is developed through community input and collaboration: surveys, public hearings, stakeholder interviews, housing summit and community meetings. The Consolidated Plan outlines the community’s priorities and goals for a 5-year planning period. 7 12.a Packet Pg. 480 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Consolidated Plan/Annual Action Plan (continued) o Each year of the Consolidated Plan, the City must develop an Annual Action Plan (AP) which specifies how the City will use that year ’s allocation of CDBG funds. The AP is basically the City’s application to HUD for use of CDBG funds. It is the AP that contains the various activities that the Ad Hoc Committee reviews. 8Jerry Lewis Family Swim Center 12.a Packet Pg. 481 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Activities ØWith the exception of three ongoing activities, the CDBG activities proposed are public facilities managed through Public Works and typically part of the Capital Improvement Plan for any given year. o The activities that are funded should correlate with a larger City Council goal. o For example, in the past 3 years we have funded replacement of playground equipment at parks in CDBG eligible census tracts. The overall goal was to provide safe equipment for the public but additionally to address the liability exposure of the City to injury claims from the public. 9 12.a Packet Pg. 482 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Activities (continued) ØThe three activities we consistently fund are: o The Section 108 loan repayment ($760,000) o Fair housing ($70,000); and o Microenterprise ($35,00-40,000) 10 12.a Packet Pg. 483 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Coronavirus Aid, Relief, and Economic Act (CARES Act) On March 27, 2020, to respond to the growing effects of a historic public health crisis, former President Tr ump signed and authorized the CARES Act allocations to be used to prevent, prepare for and respond to the Coronavirus (COVID-19). 11 12.a Packet Pg. 484 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- CDBG-CV1 and CDBG-CV3 Allocations •On April 15, 2020, the City Council approved the City of San Bernardino's (City) Draft Fiscal Year 2020-2021 Action Plan (FY 2020-21 AP). •As a result of supplementary allocations provided to the City through the CARES Act, the City received CDBG-CV (Round 1) funds. A substantial amendment to the FY 2020-21 AP was required, which was approved by the City Council on August 19, 2020. 12 12.a Packet Pg. 485 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- CDBG-CV1 and CDBG-CV3 Allocations •On September 11, 2020, the City of San Bernardino was notified that it had received another supplementary allocation of CDBG-CV funds to be used to prevent, prepare for and respond to the Coronavirus (COVID-19). •The City received $1,702,135 in CDBG-CV (Round 3) funds. •Based on the additional allocation of CDBG-CV3 monies in FY 2020-2021, it is required the City prepare a Substantial Amendment to its current Substantial Amendment to FY 2020-2021 Annual Action Plan. 13 12.a Packet Pg. 486 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Substantial Amendment •When a substantial change such as an increase or reduction in funds, or addition or cancelation of activities is proposed, the City's Action Plan must be amended. The City is required to notify the public, and a public hearing must be held to allow the public an opportunity to comment on the proposed changes. 14 12.a Packet Pg. 487 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- Questions 15 12.a Packet Pg. 488 Attachment: Attachment 1 - CED. PowerPoint Presentation (7167 : Substantial Amendment to FY 2020- TABLE 1 CDBG-CV3 FISCAL YEAR 2020-2021 SUBSTANTIAL AMENDMENT DRAFT FUNDING RECOMMENDATIONS Activity Activity Description 2021 Grant Fund Allocation 1,702,135.00$ 1,702,135.00$ Administration @ 20%$ 340,427.00 $ 340,427.00 Administration of the CDBG program such as planning and research. Local Hazard Mitigation Plan and Emergency Operations Plan 300,000.00$ 300,000.00$ Update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). Fifth Street Senior Center 175,000.00$ 175,000.00$ Installation of shade structure to support senior meal program outdoors in an open air setting and concrete pathway work Encanto Community Center - Bldg. Improvements 371,700.00$ 371,700.00$ Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. Community Centers/Libraries 550,000.00$ 515,008.00$ Design and installation of touchless automatic entry doors at the following locations: 1. 5th Street Senior Center 2. Perris Hill Senior Center 3. Feldheym Central Library (F Street Door) 4. Howard M. Rowe Branch Library 5. Villaseñor Branch Library Total $ 1,737,127.00 $ 1,702,135.00 CDBG-CV3 Requested CDBG-CV3 Recommended 12.b Packet Pg. 489 Attachment: Attachment 2 - CED.CDBG-CV3 Project Proposals Fy 2020-2021 Substantial Amendment to Annual Action Plan 2020 1 OMB Control No: 2506-0117 (exp. 09/30/2021) City of San Bernardino 2020-2021 Annual Action Plan Approved April 15, 2020 CDBG-CV1 Amendment Approved August 19, 2020 CDBG-CV3 Amendment Draft March 17, 2021 12.c Packet Pg. 490 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 2 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 $3,405,297  HOME $1,404,479  ESG $ 295,799 On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act of 2020 (Cares Act) was signed into law. Pursuant to the CARES Act, HUD has allocated $2,003,529 in Community Development Block Grant-Coronavirus (CDBG-CV1) funds, $1,019,997 in Emergency Solutions Grant- Coronavirus (ESG-CV1) funds and $3,422,960 in Emergency Solutions Grant-Coronavirus (ESG-CV2) funds to the City of San Bernardino to fund activities that prevent, prepare, and respond to the Coronavirus pandemic. As directed by HUD, the FY 2020-2021 Annual Action Plan was amended on August 19, 2020 to add Round 1 of CDBG-CV funded activities and Round 1 and 2 of ESG-CV funded activities. On September 11, 2020, HUD announced the City would receive $1,702,135 in CDBG-CV Round 3 funds. These funds must also be used to prevent, prepare for, and/or respond to the Coronavirus pandemic and the FY 2020-2021 Annual Action Plan should be further amended to add Round 3 funds. CDBG-CV3 will be used for buildings and improvements, including public facilities, such as improvements to libraries and community centers affected by the Coronavirus. 12.c Packet Pg. 491 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 3 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 3,405,297 17,000 800,368 4,222,665 13,200,000 The estimated amount of CDBG funds available over the planning period is based on allocations for FY 2019-2020. HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,404,479 726,658 1,459,854 3,590,991 10,750,000 The estimated amount of HOME funds available over the planning period is based on allocations for FY 2019-2020. 12.c Packet Pg. 492 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 4 OMB Control No: 2506-0117 (exp. 09/30/2021) 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: $ 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. 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 to be used to prevent, prepare for and respond to the Coronavirus. Other public - federal Admin and Planning Public Improvements Other 1,702,135 0 0 1,702,135 0 CDBG-CV3 funds to be used to prevent, prepare for and respond to the Coronavirus Other public - federal Public Improvements Rental Assistance Services Other 2,003,529 0 0 2,003,529 0 CDBG-CV funds to be used to prevent, prepare for and respond to the Coronavirus. Table 1 - Expected Resources – Priority Table 12.c Packet Pg. 493 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 5 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied 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. 12.c Packet Pg. 494 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 6 OMB Control No: 2506-0117 (exp. 09/30/2021) 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: $739,825 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 12.c Packet Pg. 495 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 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: $2,670,585 CDBG-CV3: $1,361,708 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: $681,059 HOME: $140,448 ESG: $22,185 CDBG-CV3: $340,427 ESG-CV1 and ESG-CV2: $444,296 Other: 1 Other Table 2 – Goals Summary 12.c Packet Pg. 496 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 8 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 with 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. CDBG-CV3 - Funding will be used to prevent, prepare and respond to COVID-1 by updating the City's Emergency Operations Plan and Local Hazard Mitigation Plan; improve three community centers and three libraries. 12.c Packet Pg. 497 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 9 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 498 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 10 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 HESG 2020-2021 San Bernardino 4 New Rental Housing Construction - Seccombe Park 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 CDBG-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 18 Substantial Amend Project 19 CDBG-CV3 - Administration 20 CDBG-CV3 - Local Hazard Mitigation Plan and Emergency Operations Plan 21 CDBG-CV3 - Fifth Street Senior Center 22 CDBG-CV3 - Encanto Community Center 23 CDBG-CV3 - Community Centers/Libraries Table 3 - Project Information 12.c Packet Pg. 499 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the reasons for allocation priorities and any obstacles to address ing 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. 12.c Packet Pg. 500 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 12 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information 12.c Packet Pg. 501 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Annual Action Plan 2020 13 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 : 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 12.c Packet Pg. 502 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 14 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Project Name HESG 2020-2021 San Bernardino Target Area CityWide Goals Supported Provide Homeless and Homeless Prevention Services Planning and Administration Needs Addressed Provide Homeless and Homeless Prevention Services Planning and Administration Funding ESG: $368,243 ESG-CV1 and ESG-CV2: $4,442,957 Description ESG Allocation: To provide funding for various Emergency Solutions Grant Program projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Administrative costs will not exceed 7.5% of ESG allocation; street outreach/emergency shelter will not exceed 60%. 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 - 215 N D Street, San Bernardino, CA 92401 12.c Packet Pg. 503 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 15 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 motel vouchers ($28,000), wraparound services and case management to prevent homelessness ($10,000) and rapidly re-house those individuals in need ($25,000). Award $63,000 in ESG. 3. Lutheran Social Services. Provide emergency shelter as a bridge to permanent housing ($50,000), wraparound services to help homeless men 18 years and older to achieve self-sufficiency. Lutheran Social Services staff will be utilizing the HMIS system ($20,000). 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 outreach. 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. $22,185 for FY 2020 ESG administration. $444,296 for adminstration of ESG-CV 1 and ESG- CV 2 funded programs. TOTAL: $4,811,200 4 Project Name New Rental Housing Construction - Seccombe Park Housing Construction Target Area CityWide Goals Supported New Affordable Rental Housing Needs Addressed New Affordable Rental Housing Funding HOME: $739,825 12.c Packet Pg. 504 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Description New affordable rental units constructed at Seccombe Park Target Date 6/30/2021 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 12.c Packet Pg. 505 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 17 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 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. 12.c Packet Pg. 506 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 18 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 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: $2,670,585 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. 12.c Packet Pg. 507 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 19 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 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. 12.c Packet Pg. 508 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 20 OMB Control No: 2506-0117 (exp. 09/30/2021) 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: $681,059 HOME: $140,448 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. Annually, the City will monitor its use of CDBG and HOME funds to ensure effective and appropriate use of funds. CDBG Administration: $681,059; HOME Administration: $140,448. 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 12.c Packet Pg. 509 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities It is estimated that 50 families will benefit from the proposed activity. Location Description Two possible locations have been identified; currently negotiating with the owners. 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 CDBG-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 12.c Packet Pg. 510 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 22 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 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 12.c Packet Pg. 511 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 23 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 512 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 24 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 513 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Through the City's Parks, Recreation and Community Services Department, the Grab and Go arts and 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. 12.c Packet Pg. 514 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 26 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 Perris Hill Senior Center 780 E. 21st Street San Bernardino, CA 92404 Fifth Street Senior Center 600 West Fifth Street San Bernardino, CA 92410 Norman F. Feldheym 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 Library 108 E. Marshall Blvd. San Bernardino, CA 92404 12.c Packet Pg. 515 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 27 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 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. 12.c Packet Pg. 516 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 28 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 Library 108 E. Mashall Blvd. 12.c Packet Pg. 517 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 29 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 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 18 Project Name Substantial Amend Project Target Area Goals Supported Needs Addressed Funding HOME: $210,718 Description The City will undertake a substantial amendment when it decides what the funds will be spent on ($210,718 - prior year resources) Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 12.c Packet Pg. 518 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 30 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Project Name CDBG-CV3 - Administration Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG-CV3: $340,427 Description Administration of the CDBG program Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities 20 Project Name CDBG-CV3 - Local Hazard Mitigation Plan and Emergency Operations Plan Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $300,000 Description Update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). The City's EOP addresses the planned response to emergencies associated with natural disasters, technological incidents, and national security emergencies. The plan's objective is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. The COVID-19 pandemic has been an unprecedented disaster that has affected City operations across all departments. The duration of the COVID-19 pandemic's impact on the community and City functions is unknown; therefore, it is critical that the EOP and LHMP be updated to provide City leaders and personnel guidance during emergency operations in a COVID- 19 environment. Target Date 12.c Packet Pg. 519 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Location Description Planned Activities Update of the City's Emergency Operations Plan (EOP) and Local Hazard Mitigation Plan (LHMP). The City's EOP addresses the planned response to emergencies associated with natural disasters, technological incidents, and national security emergencies. The plan's objective is to incorporate and coordinate all the facilities and personnel of the City into an efficient organization capable of responding to any emergency. The COVID-19 pandemic has been an unprecedented disaster that has affected City operations across all departments. The duration of the COVID-19 pandemic's impact on the community and City functions is unknown; therefore, it is critical that the EOP and LHMP be updated to provide City leaders and personnel guidance during emergency operations in a COVID- 19 environment. 21 Project Name CDBG-CV3 - Fifth Street Senior Center Target Area CityWide Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $175,000 Description Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Fifth Street Senior Center 600 West Fifth Street, San Bernardino, CA 92410 Planned Activities Installation of a shade structure, to support the senior meal program in an open air setting, as well as a concrete access pathway. 22 Project Name CDBG-CV3 - Encanto Community Center 12.c Packet Pg. 520 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Area Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $371,700 Description Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. Target Date Estimate the number and type of families that will benefit from the proposed activities Location Description Encanto Community Center 1180 West 9th Street, San Bernardino 92411. Planned Activities Lobby redesigned for social distancing, touchless automatic entry doors, installation of various touchless restroom equipment/fixtures, showers, partition walls and counters. 23 Project Name CDBG-CV3 - Community Centers/Libraries Target Area LMI Areas of the City Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG-CV3: $515,008 Description Design and installation of touchless automatic entry doors at Fifth Street Senior Center, Perris Hill Senior Center, Feldheym Central Library, Howard M. Rowe Branch Library, and Villaseñor Branch Library. Target Date Estimate the number and type of families that will benefit from the proposed activities 12.c Packet Pg. 521 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description Fifth Street Senior Center - 600 West 5th Street, San Bernardino 92410 Perris Hill Senior Center - 780 East 21st Street, San Bernardino 92404 Feldheym Central Library - 555 West 6th Street, San Bernardino 92410 Howard M. Rowe Branch Library - 108 East Marshall Blvd., San Bernardino 92404 Villaseñor Branch Library - 525 North Mt. Vernon Ave., San Bernardino 92411 Planned Activities Design and installation of touchless automatic entry doors at Fifth Street Senior Center, Perris Hill Senior Center, Feldheym Central Library, Howard M. Rowe Branch Library, and Villaseñor Branch Library. 12.c Packet Pg. 522 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 34 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 523 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 35 OMB Control No: 2506-0117 (exp. 09/30/2021) 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) within in the City. 12.c Packet Pg. 524 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 36 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 525 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 37 OMB Control No: 2506-0117 (exp. 09/30/2021) 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  homelessness. 12.c Packet Pg. 526 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 38 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 housing 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. 12.c Packet Pg. 527 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 39 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 528 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 40 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 529 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 41 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 530 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 42 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 531 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 43 OMB Control No: 2506-0117 (exp. 09/30/2021) 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- 12.c Packet Pg. 532 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 44 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 a ffecting 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. 12.c Packet Pg. 533 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 45 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 534 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 46 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 535 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 47 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 536 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 48 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 537 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 49 OMB Control No: 2506-0117 (exp. 09/30/2021) 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% 12.c Packet Pg. 538 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 50 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 539 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 51 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 540 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 52 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 attachment) 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 12.c Packet Pg. 541 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 53 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 542 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 54 OMB Control No: 2506-0117 (exp. 09/30/2021) 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. 12.c Packet Pg. 543 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 55 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 544 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 56 OMB Control No: 2506-0117 (exp. 09/30/2021) 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 12.c Packet Pg. 545 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 57 OMB Control No: 2506-0117 (exp. 09/30/2021) 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”. 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.” <TYPE=[section 9 end]> Discussion: See above discussion. 12.c Packet Pg. 546 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Annual Action Plan 2020 58 OMB Control No: 2506-0117 (exp. 09/30/2021) 12.c Packet Pg. 547 Attachment: Attachment 3 - CED. Substantial Amendment to FY2020-2021 AAP (7167 : Substantial Amendment to FY 2020-2021 Action Plan) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Street Vacation of Portion of 4Th Street (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Conduct a Public Hearing, per Street and Highway Code 8322 -8325, to consider comments on the proposed street vacation; and 2. Adopt Resolution 2021-59 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4th Street and rescinding and repealing Resolution No. 2020-216 Background Streets and Highways Code ("SHC") section 8312, gives a city legislative body the power to vacate all or part of a street and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted unde r 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 street vacation initiation of proceedings starts with scheduling 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 street. The street vacation is then recorded with the County Recorder’s office. The Mt. Vernon Avenue Bridge Replacement Project (“Project”) would replace the existing structurally deficient Mt. Vernon Avenue Bridge, a City facility. The Project is being constructed pursuant to a partnership between the City, the San Bernardino County Transportation Authority (“SBCTA”) and the California Department of Transportation. The Project spans the Burlington Northern Santa Fe Railroad’s (“BNSF”) mainlines, storage tracks and intermodal yard, as well as regional commuter rail tracks operated by Metrolink and tracks used by Amtrak. These rail facilities are of significant importance in the movement of passengers and freight across the country. 13 Packet Pg. 548 7148 Page 2 In order to maintain BNSF’s freight operations during Project construction, certain BNSF tracks and other facilities must be constructed and relocated to replace existing BNSF facilities that would not be operational during Project construction. The proposed BNSF replacement facilities will be constructed north of the existing BNSF rail yard on and over 4th Street and on other properties being acquired by SBCTA or alr eady owned by BNSF. As a Project partner, the City has agreed to vacate 4th Street to further the implementation of the Project. Discussion Resolution No. 2020-216, adopted by the Mayor and City Council on September 2, 2020, proposed to reserve certain easements for utilities within the section of 4th Street required for the Project. These easements should not be reserved as the Project requires all utilities to be relocated from 4th Street. Pursuant to Streets and Highways Code section 8325, the vacation of 4th Street is not complete until a resolution affecting such vacation has been recorded with the County Recorder. Resolution 2020 -216 was not recorded and therefore the vacation reserving easements was not finalized. The City received a request from Southern California Gas Company to reserve an easement for facilities currently located in the portion of 4th Street proposed to be vacated. However, pursuant to Streets and Highways Code section 8340(c) staff finds that the relocation of utilities within this portion of 4th Street is necessary to implement the Project, and such a reservation is not in the public interest. In accordance with SHC sections 8322 and 8323 for a public hearing, notices were published in The Sun newspaper for two successive weeks prior to this hearing. Postings were also installed along the portion of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, at least two weeks before this public hearing. At this time, interested parties may present evidence to the Mayor and City Council. At the conclusion of the public hearing, the Mayor and City Council will consider a resolution approving the vacation of a portion of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, which will adopt a categorical exemption for the street vacation and make a final order vacating a portion of 4 th Street with no reservation of utilities easement. The Planning Division of the Community and Economic Development Department reviewed the proposed street vacation for consistency with the City of San Bernardino General Plan. The Circulation Element, which is part of the General Plan, is to design and improve a circulation system to meet current and future needs of all residents, businesses and visitors. This will allow more convenient and practical circulation to important economic segment within the City and improve safety. The Planning Division determined that this street vacation is consistent with the General Plan and vacating a portion of 4th Street between the intersections of Cabrera Avenue and Mt. Vernon Avenue will not conflict with the City’s General Plan Circulation Element. Additionally, street vacations are subject to the California Environmental Quality Act ("CEQA") and the Planning Division of the Community Development Department concludes that this street vacation action is categorically exempt from CEQA as there is 13 Packet Pg. 549 7148 Page 3 no possibility that the proposed activity may have a significant effect on the environment as described in Planning Commission Resolution 2020-026 PC. The street vacation proceedings are not completed until the resolution making the final order vacating a portion of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue has been recorded with the San Bernardino County Recorder’s office. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 2a: Develop and implement a community engagement plan. Public hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments and share in the discussion regarding vacating the public right of way. Fiscal Impact There is no fiscal impact associated with this action. Any costs associated with processing the vacation will be charged to Mt. Vernon Bridge Replacement Project, Acct. 264-160-7121-5504. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions: 1. Conduct a Public Hearing, per Street and Highway Code 8322 -8325, to consider comments on the proposed street vacation; and 2. Adopt Resolution 2021-59 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4th Street and rescinding and repealing Resolution No. 2020-216 Attachments Attachment 1 Resolution 2021-59 Attachment 2 Resolution 2021-59: Exhibit “A” and “B” - Legal and Plat Attachment 3 Application Attachment 4 Site Map Attachment 5 Planning Commission Resolution No. 2020-026-PC Attachment 6 PowerPoint Presentation Ward: 1 Synopsis of Previous Council Actions: May 6, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of 4th Street. August 5, 2020 the Mayor and City Council adopted Resolution No. 2020 -192 declaring its intention to conduct a public hearing on September 2, 2020, to order the vaca tion of 13 Packet Pg. 550 7148 Page 4 portions of 4th Street. September 2, 2020 Mayor and City Council adopted Resolution No. 2020 -216 approving the vacation of a portion of 4th Street and the reservation of utilities therein. February 3, 2021 Mayor and City Council adopt Resolution 2021-21 declaring intent to conduct public hearing for the vacation of a portion of 4th Street and the reservation of utilities therein. 13 Packet Pg. 551 RESOLUTION NO. 2021-59 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE VACATION OF A PORTION OF 4TH STREET AND RESCINDING AND REPEALING RESOLUTION NO. 2020-216 WHEREAS, a portion of 4th Street must be vacated to implement the Mt. Vernon Bridge Replacement Project (the “Project”); and WHEREAS, on May 6, 2020, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate portions of 4th Street; and WHEREAS, on May 11, 2020, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500 feet informing them of the proposed street vacations; and WHEREAS, on June 23, 2020, the Planning Commission adopted Resolution No.2020- 026PC forwarding a recommendation of approval to the Mayor and City Council for the Portion of 4th Street Vacation, and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, on August 5, 2020 the Mayor and City Council adopted Resolution No. 2020-192 declaring its intention to conduct a public hearing on September 2, 2020, to order the vacation of portions of 4th Street; and WHEREAS, on September 2, 2020 a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California and offered evidence in relation to the vacation of portions of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue. WHEREAS, February 3, 2021 Mayor and City Council adopt Resolution 2021-21 declaring intent to conduct public hearing for the vacation of a portion of 4th Street and the reservation of utilities therein. WHEREAS, the Mayor and the City Council desire to rescind and repeal Resolution 2020-216 in its entirety and replace it with this Resolution to provide that utility easements will not be reserved for the reasons set forth herein and at the hearing on this Resolution; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California, in vacating a portion of 4th Street, between the intersections of Cabrera Avenue and Mt. Vernon Avenue, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service 13.a Packet Pg. 552 Attachment: Attachment 1 - Resolution 2021-59 [Revision 2] (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) Resolution No. 2021-59 Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California SECTION 2. The Mayor and City Council do hereby find that from all the evidence submitted that the portion of 4th Street between the intersections of Cabrera Avenue and Mt. Vernon Avenue as described on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B” is unnecessary for present or prospective public use and hereby vacate that portion of 4th Street described and depicted in the Exhibits “A” and “B” above SECTION 3. The City received a request from the Southern California Gas Company (“SCG”) to reserve an easement for SCG facilities currently located by way of its franchise agreement with the City in the portion of 4th Street proposed to be vacated. However, pursuant to Streets and Highways Code section 8340(c) the City Council finds that reservation of such an easement or other easements is not in the public interest in that the relocation of SCG’s facilities and all other utilities within this portion of 4th Street is necessary to implement the Project. As such, no easements shall be reserved within the portion of 4th Street to be vacated. SECTION 4. The hour of 7:00 p.m., on Wednesday, March 17, 2021, at 555 West 6th Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the propose vacation areas may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that it is statutorily exempt as part of the reconstruction of an existing grade separation pursuant to Section 21080.13 of the Public Resources Code. In addition, the potential environment impacts of the Project were also previously studied under the National Environmental Policy Act and are contained in the June 2011 Environmental Assessment with Finding of No Significant Impact and 2018 Supplement thereto. 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 of Resolution. This Resolution shall become effective immediately upon adoption and thereupon Resolution No. 2020-216 shall be rescinded and repealed in its entirety. SECTION 8. Effective Date of Vacation. The City Clerk is hereby directed to record this Resolution under the City’s Seal with the San Bernardino County Recorder at such time as the Director of Public Works has determined that all utilities have relocated and upon such recording the vacation provided herein shall be effective. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2021. 13.a Packet Pg. 553 Attachment: Attachment 1 - Resolution 2021-59 [Revision 2] (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) Resolution No. 2021-59 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2021. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: _________________________________ Sonia Carvalho, City Attorney 13.a Packet Pg. 554 Attachment: Attachment 1 - Resolution 2021-59 [Revision 2] (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) Resolution No. 2021-59 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. 2021-59, adopted at a regular meeting held on the 17th day of March 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17st day of March 2021. Genoveva Rocha, CMC, City Clerk 13.a Packet Pg. 555 Attachment: Attachment 1 - Resolution 2021-59 [Revision 2] (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.b Packet Pg. 556 Attachment: Attachment 2 - Resolution 2021-59 - Exhibit "A" & "B" - Legal and Plat (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.b Packet Pg. 557 Attachment: Attachment 2 - Resolution 2021-59 - Exhibit "A" & "B" - Legal and Plat (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.b Packet Pg. 558 Attachment: Attachment 2 - Resolution 2021-59 - Exhibit "A" & "B" - Legal and Plat (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.c Packet Pg. 559 Attachment: Attachment 3 - Application (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.c Packet Pg. 560 Attachment: Attachment 3 - Application (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.c Packet Pg. 561 Attachment: Attachment 3 - Application (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.d Packet Pg. 562 Attachment: Attachment 4 - Site Map (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 563 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 564 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 565 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 566 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 567 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 568 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) 13.e Packet Pg. 569 Attachment: Attachment 5 - Planning Commission Resolution No. 2020-026-PC (7148 : Street Vacation of Portion of 4Th Street (Ward 1)) Public Hearing –Proposed Street Vacation Portion of 4th Street between Cabrera Avenue and Mt. Vernon Avenue Presented by Alex Qishta, Deputy Director of Public Works/City Engineer 13.f Packet Pg. 570 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Public Hearing –Street Vacation •Ap plicant:SBCTA and City of San Bernardino •Reason for Request:Remove unused streets and alleys from the city maintained system,this portion of 4th Street va cation is part of the Mt.Ve rnon Bridge Replacement Project. 13.f Packet Pg. 571 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Public Hearing –Street Vacation Proposed Va cation 4th Street, Between Cabrera and Mt. Ve rnon 13.f Packet Pg. 572 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Public Hearing –Street Vacation AERIAL VIEW Proposed Vacation 4th Street 13.f Packet Pg. 573 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Public Hearing –Street Vacation •Proposed street vacation is consistent with general plan. •Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. •Utility Companies notified –Easements were requested. •Notice of this hearing was posted and published;and mailed to surrounding property owners. 13.f Packet Pg. 574 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Public Hearing –Street Vacation •City Council adopted Resolution No 2020-216 which proposed to reserve certain easements for utilities •Reservation of such an easement or other easements is not in the public interest in that the relocation of SCG’s facilities and all other utilities within this portion of 4th Street is necessary to implement the Project. 13.f Packet Pg. 575 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Public Hearing –Street Vacation Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a Public Hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; adopt the Resolution of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of 4th Street: and rescinding and repealing Resolution No. 2020-216. 13.f Packet Pg. 576 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Questions? 13.f Packet Pg. 577 Attachment: Attachment 6 - PowerPoint Presentation (7148 : Street Vacation of Portion of 4Th Street Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Legal Service Agreement Amendments Recommendation Adopted Resolution No. 2021-60, approving third amendment to the agreement with Carpenter Rothans & Dumont, LLP Background On January 13, 2020, the City entered into an agreement with Carpenter, Rothans & Dumont, LLP to provide legal services in relation to the San Bernardino Superior Court case captioned M.H., by and through G.A.L. Nakitta Yuong v. City of San Bernardino (CIVDS 1936459). In accordance with the City's Municipal Code, the agreement was for an initial not to exceed amount of $50,000. Pursuant to the Council action of July 15, 2020, the agreement was amended to grant an additional $100,000 to address the case. Pursuant to Council action on December 16, 2020, the agreement was amended to grant an additional $250,000 to address the case. The case remains active. Discussion From time-to-time, the City Attorney's Office utilizes qualified outside counsel to address litigation against the City. Outside counsel has represented the City capably and efficiently. At this time, it is necessary to increas e the cap under the agreement to permit continued representation of the City on the matter and to ensure outside counsel is compensated for work performed. The Carpenter, Rothans & Dumont LLP agreement is proposed to be increased by $100,000 to cover the c ontinued cost of representation on this matter. The City Attorney's Office has sufficient funds allocated for this purpose in its outside legal services account for the Operating Budget for FY 2020/21. Continued representation is essential to protect the City's interests and avoid unnecessary liability. In addition, utilizing the same attorney provides efficiency that would be lost should the case need to be transferred to a different firm. 2020-2025 Key Strategic Targets and Goals The request for an amendment to the agreement aligns with Key Target No. 1.e.: Minimize risk and litigation exposure. Providing for continued representation of the City in litigation by capable and qualified counsel reduces liability exposure of the City. Payment of outside counsel for work performed ensures the City has access to the most qualified and capable firms available. 14 Packet Pg. 578 7195 Page 2 Fiscal Impact For the amendment to the agreement with Carpenter, Rothans & Dumont LLP, the fiscal impact is $100,000. There is sufficient funding in the FY 2020/21 Operating Budget in account number 001-050-0005-5503 to cover this. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-60 authorizing the City Manager to execute a third amendment to the Carpenter, Rothans & Dumont LLP agreement for legal services with the proposed cap increase of $100,000. Attachments Attachment 1 Resolution No. 2021-60 Attachment 2 Third Amendment to Carpenter, Rothans & Dumont LLP Agreement Attachment 3 Resolution No. 2020-302; Exhibit “A” - Second Amendment to Carpenter, Rothans & Dumont LLP Agreement Attachment 4 Resolution No. 2020-177; Exhibit “A” - Amendment - First Amendment to Carpenter, Rothans & Dumont LLP Agreement and Second Amendment to Lynberg & Watkins Agreement Attachment 5 Original Retention Agreement with Carpenter, Rothans & Dumont, LLP Ward: N/A 14 Packet Pg. 579 RESOLUTION NO. 2021-60 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE LEGAL SERVICE AGREEMENT WITH CARPENTER, ROTHANS & DUMONT LLP WHEREAS, the City has entered into a legal services agreement with Carpenter, Rothans & Dumont, LLP to handle litigation; and WHEREAS, these agreements now require amendment to either provide for continued representation of the City in the litigation, or to ensure that the legal consultants are appropriately compensated for the work performed. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the third amendment to the following legal services agreement in the form attached hereto as Exhibit “A” to increase the not-to-exceed cap by $100,000. SECTION 3. The City Council finds this Resolution not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino 14.a Packet Pg. 580 Attachment: Attachment 1 - Resolution No. 2021-60 - Third Amendment to PSA Agreements (7195 : Legal Service Agreement Amendments) Resolution No. ___ Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 14.a Packet Pg. 581 Attachment: Attachment 1 - Resolution No. 2021-60 - Third Amendment to PSA Agreements (7195 : Legal Service Agreement Amendments) Resolution No. ___ 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. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 14.a Packet Pg. 582 Attachment: Attachment 1 - Resolution No. 2021-60 - Third Amendment to PSA Agreements (7195 : Legal Service Agreement Amendments) THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CARPENTER, ROTHANS & DUMONT LLP This Third Amendment (“Third Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Carpenter, Rothans & Dumont LLP (hereinafter the “Firm”) as of _________, 2021. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.” WHEREAS, City and Firm entered into Professional Services Agreement dated January 13, 2020 for the provision of legal services in connection with the San Bernardino Superior Court case M.H., by and through G.A.L. Nakitta Yuong v. City of San Bernardino (CIVDS 1936459) (“Original Agreement”); and WHEREAS, the City and Firm Amended the Original Agreement to increase the $50,000.00 not-to-exceed cap to $150,000.00 on July 15, 2020 (“First Amendment”); and WHEREAS, the City and Firm amended the Original Agreement to increase the $150,000.00 not-to-exceed cap to $400,000.00 on December 20, 2020 (“Second Amendment”); and WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not-to-exceed cap from $400,000.00 to $500,000.00. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Not-To-Exceed Cap. The $400,000.00 not-to-exceed cap identified in Section 4.b. of the Original Agreement, as amended by the Second Amendment, is hereby increased to $500,000.00. 2. Effect on Other Provisions. All other provisions of the Agreement, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be executed the day and year first above written. CITY FIRM __________________________ ______________________________ Robert D. Field, City Manager Steven J. Rothans, Managing Partner 14.b Packet Pg. 583 Attachment: Attachment 2 - 3rd Amendment to the PSA - Carpenter Rothan Dumont LLP (7195 : Legal Service Agreement Amendments) 14.c Packet Pg. 584 Attachment: Attachment 3 - Resolution 2020-302; Exhibit - Amendment (7195 : Legal Service Agreement Amendments) 14.c Packet Pg. 585 Attachment: Attachment 3 - Resolution 2020-302; Exhibit - Amendment (7195 : Legal Service Agreement Amendments) 14.c Packet Pg. 586 Attachment: Attachment 3 - Resolution 2020-302; Exhibit - Amendment (7195 : Legal Service Agreement Amendments) 14.c Packet Pg. 587 Attachment: Attachment 3 - Resolution 2020-302; Exhibit - Amendment (7195 : Legal Service Agreement Amendments) 14.d Packet Pg. 588 Attachment: Attachment 4 - Resolution No. 2020-177 Exhibit A - Amendment (7195 : Legal Service Agreement Amendments) 14.d Packet Pg. 589 Attachment: Attachment 4 - Resolution No. 2020-177 Exhibit A - Amendment (7195 : Legal Service Agreement Amendments) 14.d Packet Pg. 590 Attachment: Attachment 4 - Resolution No. 2020-177 Exhibit A - Amendment (7195 : Legal Service Agreement Amendments) 14.d Packet Pg. 591 Attachment: Attachment 4 - Resolution No. 2020-177 Exhibit A - Amendment (7195 : Legal Service Agreement Amendments) 14.d Packet Pg. 592 Attachment: Attachment 4 - Resolution No. 2020-177 Exhibit A - Amendment (7195 : Legal Service Agreement Amendments) 14.d Packet Pg. 593 Attachment: Attachment 4 - Resolution No. 2020-177 Exhibit A - Amendment (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 594 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 595 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 596 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 597 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 598 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 599 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 600 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 601 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 602 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 603 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 604 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 605 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 606 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) 14.e Packet Pg. 607 Attachment: Attachment 5 - Carpenter Rothans Dumont LLP - PSA (7195 : Legal Service Agreement Amendments) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following meetings: 1) May 21, 2020, Special Meeting 2) September 16, 2021, Special Meeting; and 3) March 3, 2021, Regular Meeting Attachments Attachment 1 May 21, 2020, Meeting Minutes Attachment 2 September 16, 2020, Special Meeting Attachment 3 March 3, 2021, Regular Meeting 15 Packet Pg. 608 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE SPECIAL 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 THURSDAY, MAY 21, 2020 5:00 PM The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:02 PM by on Thursday, May 21, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER 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 Absent 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 15.a Packet Pg. 609 Attachment: Attachment 1 - 5-21-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Special Meeting Agenda May 21, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/12/2021 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, commented on the sacrifices that the city employees have had to make throughout the years related to pay and benefits; she asked before considering requesting employees to agree on pay reduction that reductions in salaries be requested by the City Manager and Department Directors. The Mayor and City Council convened into Closed Session at 5:07 p.m. CLOSED SESSION (A) CONFERENCE WITH LABOR NEGOTIATORS Agency designated representative: City Manager Employee organizations: International Union of Operating Engineers, General Unit; San Bernardino Police Management Association; Teamsters - Middle Management Unit; San Bernardino Police Officers Association; and San Bernardino Confidential-Management Association. The Special Meeting of The Mayor and City Council was called to order at 5:36 p.m. INVOCATION AND PLEDGE OF ALLEGIANCE Council Member Shorett led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Sonia Carvalho was not present and there was no Closed Session report. PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA Treasure Ortiz, San Bernardino, requested that the overall reductions in the departments be reviewed. She spoke on reductions and reclassifications in the police department positions, asked for equitable cuts throughout the City, and mentioned the impacts on reducing services provided by the City. STAFF REPORT 1. Presentation of Preliminary FY 2020/21 Budget Projections and FY 2019/20 Budget Amendment Recommendation It is recommended that the Mayor and City Council of the City of San Berna rdino, California, receive a presentation of the preliminary FY 2020/21 budget projections and authorize the Director of Finance to amend the Fiscal Year 2019/20 Adopted Budget effective June 1, 2020, as identified in Attachment 2. City Manager Teri Ledoux and Finance Director Paul Espinoza provided a presentation 15.a Packet Pg. 610 Attachment: Attachment 1 - 5-21-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Special Meeting Agenda May 21, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/12/2021 to the Mayor and City Council. Council Member Shorett inquired, and Mr. Espinoza informed that Staff had worked on developing a policy that would bring the City’s Reserves to a twenty -five percent (25%) level of current budgeted expenditures; he stated at the end of FY 2017/18 the City was at twenty-three percent (23%). He explained that the City would have to use reserve funds in the current year; however, Staff was attempting to avoid using re serves for the following fiscal year. One of the proposed ways to bridge the budget gap was to work with the labor groups. Council Member Shorett inquired, and Mr. Espinoza informed that he had not reviewed monetizing parks; however, it would be considered. Council Member Shorett stated the importance of working with developers to monetize larger parks in the City such as Perris Hill Park; he stated he was not considering giving developers the parks but working with them. He thanked Staff for their hard work and presentation. Ms. Ledoux called for the Mayor and City Council’s attention to Attachment No. 1 of the staff report – FY 2021/21 Proposed Budget Overview so that the public could view the chart. Council Member Nickel inquired if staff had reviewed current litigation to determine whether it could be resolved rather than continuing to spend money on litigation costs. Ms. Ledoux explained there were taxes owed for the current fiscal year and that staff was working to get the collection process in place and that the City could potentially collect one-million dollars and place that money into the City’s reserves. Council Nickel expressed the need to begin focusing on the budget's revenue and encouraged Staff to explore how the City could bring in more revenue. Council Member Ibarra inquired and Ms. Ledoux informed that savings resulting from the measures put in place due to the Covid-19 pandemic would not be available until the year-end report was ready. Council Member Figueroa stated he shared the same sentiments with Council Member Nickel as far as raising revenues. Mayor Valdivia expressed that as policy makers it was their responsibility to have meaningful conversations, professional council meetings, and continue to focus on their respective priorities such as reporting issues to provide more economic opportunities. Council Member Richard thanked Staff for the presentation and requested that staff look into opportunities for grants to help the City. MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER RICHARD, to approve staff’s recommendation. 15.a Packet Pg. 611 Attachment: Attachment 1 - 5-21-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Special Meeting Agenda May 21, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/12/2021 RESULT: RECEIVED A PRESENTATION OF THE PRELIMINARY FY 2020/21 BUDGET PROJECTIONS AND AUTHORIZED THE DIRECTOR OF FINANCE TO AMEND THE FISCAL YEAR 2019/20 ADOPTED BUDGET EFFECTIVE JUNE 1, 2020, AS IDENTIFIED IN ATTACHMENT 2, CARRIED (6-1) MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Bessine Richard, Councilmember, Ward 6 AYES: Sanchez, Figueroa, Shorett, Nickel, Richard, Mulvihill ABSTAIN: Ibarra ABSENT: None NOES: None ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 6:33 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment A gency will be held on Tuesday, June 2, 2020 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_ Genoveva Rocha, CMC 15.a Packet Pg. 612 Attachment: Attachment 1 - 5-21-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org DRAFT MINUTES FOR THE SPECIAL 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, SEPTEMBER 16, 2020 4:00 PM The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 4:05 PM on Wednesday, September 16, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER 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 Jim Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha City Clerk Present Albert Maldonado 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 15.b Packet Pg. 613 Attachment: Attachment 2 - 9-16-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Special Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/12/2021 PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA Gil Botello, San Bernardino, expressed his support for option three and hoped it would allow for a state of the art facility such as a sports complex. Dominic Chisholm, San Bernardino, stated he supported option three. Crystal Geen, San Bernardino, expressed strong support for the City to bring a sports complex to the site. Anonymous, San Bernardino, expressed strong support for the City to bring a sports complex to the site. STUDY SESSION 1) Waterman Landfill Options Kris Jensen, Public Works Director, and her team composed of the Deputy Director of Public Works/City Engineer, Alex Qishta, and Environmental Project Specialist, Timothy O’Neal presented to the Mayor and City Council. The Public Works team explained the Watermen Landfill history, regulatory framework, the current status and options for the site. The options for the site were as follows: 1) Status quo 2) City of use of site 3) Third-party use of site (recommended) After the presentation, the Mayor thanked Staff for the presentation. City Council Members Figueroa, Nickel, Shorett, Ibarra, and Sanchez indicated they favored option three (Third-party use of the site). Council Members Figueroa and Nickel expressed their support for the idea of a sports complex. Mayor Valdivia spoke on the Silver Creek sports complex located in the city of San Jose. Council Member Mulvihill cautioned to move prudently when speaking of building a sports complex. Council Member Shorett commented that he preferred to explore several options. Council Member Ibarra stated she liked the idea of a sports complex but would like to leave the options open and possibly bring a concert hall. Mayor Pro-Tem Sanchez agreed with keeping the options open and not be fixated not on a sports complex. 15.b Packet Pg. 614 Attachment: Attachment 2 - 9-16-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Special Meeting Agenda September 16, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/12/2021 There was a unanimous consensus of the Mayor and City Council to move forward with Option No. 3 - Third-party use of the site. ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 4:47 p.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, September 16, 2020 in the Council Chamber located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_ Genoveva Rocha, CMC 15.b Packet Pg. 615 Attachment: Attachment 2 - 9-16-2020 Draft Special Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All 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, MARCH 3, 2021 5:30 PM CALL TO ORDER The Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor John Valdivia on Wednesday, March 3, 2021, via Web-Conference. Attendee Name Title Status Arrived Theodore Sanchez Council Member, Ward 1 Present 5:31 p.m. Sandra Ibarra Mayor Pro-Tem, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Ben Reynoso Council Member, Ward 5 Present 5:31 p.m. Kimberly Calvin Council Member, Ward 6 Present Damon L. Alexander Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha City Clerk Present Sonia Carvalho City Attorney Present Robert D. Field City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon L. Alexander 15.c Packet Pg. 616 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/4/2021 CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, commented on the lawsuits on the Closed Session Agenda against the Mayor. CLOSED SESSION 1. Closed Session (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Andrea Miller v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2015337 b. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS203562 c. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012538 d. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVDS2012926 e. Don Smith v. John Valdivia, et al., San Bernardino Superior Court Case No. CIVSB2025375 f. Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(c): Two Cases 7:00 P.M. Mayor Valdivia called the regular meeting to order at 7:04 p.m. in memory of Pastor Alan Rosenberg. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia asked Council Member Reynoso to lead the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT City Attorney Carvalho reported that there is no reportable action. CITY MANAGER UPDATE City Manager Field spoke on the City’s financial status, current projects and events in the City, and commented on Parks and Recreation sponsoring various Cesar Chavez celebrations throughout the month of March. APPOINTMENTS 2. Planning Commission Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Ronnie E. Lewis, III to the P lanning 15.c Packet Pg. 617 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/4/2021 Commission, representing Ward 7. Mr. Lewis will replace Edward G. Woolbert with the term ending December 2024. 3. Animal Control Commission Appointment (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Be rnardino, California, approve the appointment of Ms. Alberta (Bertie) R. Vanettes to the Animal Control Commission representing Ward 7. Ms. Vanettes will replace Marilyn F. Taub with the term ending December 2024. 4. General Plan Advisory Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Paul Guerrero to the General Plan Advisory Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY MAYOR PRO TEM IBARRA, to approve the appointments of Mr. Ronnie E. Lewis to the Planning Commission, Ms. Alberta R. Vanettes to the Animal Control Commission, and Mr. Paul Guerrero to the General Plan Advisory Committee. RESULT: APPROVED THE APPOINTMENTS OF MR. RONNIE E. LEWIS TO THE PLANNING COMMISSION, MS. ALBERTA R. VANETTES TO THE ANIMAL CONTROL COMMISSION, AND MR. PAUL GUERRERO TO THE GENERAL PLAN ADVISORY COMMITTEE, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None PRESENTATIONS 5. Proclamation - National Employee Appreciation Day - March 5, 2021 (All Wards) Mayor Valdivia read the National Employee Appreciation Day Proclamation and thanked City staff for their service to the City of San Bernardino. Mayor Pro Tem Sanchez stated that staff is the foundation for the City’s success, asked that City Council commit to supporting staff if they are being mistreated, and stated that staff deserves respect and support. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Gigi Palaceros, San Bernardino, commented on downtown development and utilizing property other than the Carousel Mall location. 15.c Packet Pg. 618 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/4/2021 Brendan B., San Bernardino, commented on the delay in the redevelopment of the Carousel Mall. Mike Jones, San Bernardino, commented on corrupt politicians in the City and the delay in the redevelopment of the Carousel Mall. David Freedman, Andrew Thompson, and Treasure Ortiz, San Bernardino, spoke in opposition of City staff being in charge of the Carousel Mall Project and expressed their support for Renaissance Downtown USA/ICO Real Estate Group. Victor Velascar, San Bernardino, commented on redeveloping Carousel Mall and providing easier access to the freeway. Paul Sandborn, San Bernardino, spoke on City Council Code of Conduct, demolishing the Carousel Mall, and the need for a fire station in Ward 6. Ryan Berryman, San Bernardino, asked if the Mayor and City Council would consider proclaiming June Fatherhood Awareness Month. Amy Vasquez, Hardy Brown, and Victor Suarez, San Bernardino, expressed their support for Renaissance Downtown USA/ICO Real Estate Group and commented on the Code of Conduct at the February 24, 2021 Special Meeting. Anonymous, Robert Porter, and Lopez San Bernardino, commented on the Code of Conduct at the February 24, 2021 Special Meeting and spoke in favor of reopening the bids for the Carousel Mall Property. Jeanette Mckay, Aaron Sines, Trevor Caltivan, Karen Madrigal, Carl Danmer, Jocelyn Doherty, Veronica Triggers, Nick, Juan Avedo, Juan Munoz, Angel Suarza, Omar Covin, Margaret Hill, Daniel, Jacob Kleespies, Julio Flores, and Anthony Cervantes, San Bernardino, expressed their support for Renaissance Downtown USA/ICO Real Estate Group for the Carousel Mall Project. Robert Ardelino, San Bernardino, spoke in opposition of City staff being in charge of the Carousel Mall Project and expressed the need for City Council to choose a developer. Luis Aragon, Abraham, San Bernardino, expressed the need for City Council to choose a developer for the Carousel Mall Project. Shirley Harlan, San Bernardino, commented on the Code of Conduct at the February 24, 2021 Special Meeting and litigation on the Closed Session Agenda. Christian Flores, Ricardo Cisneros, Eric Ian, Savinna Walbert, Joanna, San Bernardino, Celene Perez, Inland Empire Labor Council, and Yasi Cabasade, representative of the Sierra Club, spoke on the need for a Community Benefits Agreement for the redevelopment of the Carousel Mall. 15.c Packet Pg. 619 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/4/2021 Anonymous, San Bernardino, spoke on the need to fix City streets, Police Department responding timely to residents and the need for the public be aware of issues involving the Mayor. Javier Hernandez, San Bernardino, asked City Council to include the public in the plan for the redevelopment of the Carousel Mall. Maribel Nunez, San Bernardino, expressed her support for Renaissance Downtown USA/ICO Real Estate Group for the Carousel Mall Project and suggested non-profits for the City to consider for the Emergency Rental Assistance Program. Michael Segura, Miriam Nickel, and Athena Tam, San Bernardino, spoke in favor of reopening the bids for the Carousel Mall Property. Paula Funk, San Bernardino, commented on the lawsuits on the Closed Session Agenda against the Mayor. Jeff Green, Inland Equity Partnerships, Benny Sanchez, and Christopher, San Bernardino, suggested non-profits for the City to consider for the Emergency Rental Assistance Program. Leticia Garcia, San Bernardino, expressed their support for Renaissance Downtown USA/ICO Real Estate Group for the Carousel Mall Project and the need for the City to renovate the City Hall building. Russell Palmers, San Bernardino, commented on utilizing the Carousel Mall property for indoor and outdoor cannabis events. Susan Lien Longville, San Bernardino, spoke in favor of rejecting all options for the redevelopment of Carousel Mall and asked Council to consider smaller planning areas that would consist of residential, commercial and mixed use. Roxanna Barrera, San Bernardino, commented on the Code of Conduct at the February 24, 2021 Special Meeting. The Public Hearing items were heard out of agenda order, before Staff Reports. PUBLIC HEARINGS Council Member Calvin asked for the staff to present Public Hearing Item No. 15. Shane Spicer with Spicer Consulting provided a presentation of t he Public Hearing item. Council Member Calvin asked if homeowners in the surrounding area will be taxed. Mr. Spicer advised only the property owner will be taxed. Council Member Reynoso asked for clarification what residents will be paying for in the area where the special tax will be imposed. 15.c Packet Pg. 620 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/4/2021 Mr. Spicer advised that there are currently no residential owners and potential new owners will be notified of the special tax on the property. The intent is to mitigate the impacts the new developments will have on services provided to the existing community. Council Member Sanchez commented on the special taxes, clarifying that they are commonly referred to as Mello-Roos and added that new developments would not be possible without the special taxes. 12. Community Facilities District No. 2018-1 (Safety Services) Annexation No. 3 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2021-38 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services), and calling elections therein; 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2021-39 Resolution of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of the City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) certifying the results of the March 3, 2021 annexation and special tax election. Mayor Valdivia opened the Public Hearing at 8:49 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:02 p.m. MOTION BY COUNCIL MEMBER FIGUEROA, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. 15.c Packet Pg. 621 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-38 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES), AND CALLING ELECTIONS THEREIN, CARRIED (5-2) MOVER: Juan Figueroa, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER FIGUEROA, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-39 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF THE CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) CERTIFYING THE RESULTS OF THE MARCH 3, 2021 ANNEXATION AND SPECIAL TAX ELECTION, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Juan Figueroa, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 13. Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 7 (Ward 3) 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. 2021-40 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 area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 7); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2021-41 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. 7); 15.c Packet Pg. 622 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/4/2021 5. Introduce Ordinance No. MC-1554 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 2021 -22 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-1554 for March 17, 2021. Mayor Valdivia opened the Public Hearing at 9:06 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:07 p.m. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-40 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 AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 7), CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-41 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. 7), CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 15.c Packet Pg. 623 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/4/2021 MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY MAYOR PRO TEM IBARRA, to approve staff’s recommendation RESULT: INTRODUCED ORDINANCE NO. MC-1554 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 2021-22 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 SCHEDULED THE FINAL READING AND ADOPTION OF ORDINANCE NO MC-1554 FOR MARCH 17, 2021, CARRIED (5-2) MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 14. Community Facilities District No. 2021-1 (Ferree Street) Formation (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a public hearing; 2. Adopt Resolution No. 2021-42 of the Mayor and City Council of the City of San Bernardino, California, establishing Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California, and the boundaries thereof and approving a Funding Agreement; 3. Adopt Resolution No. 2021-43 of the Mayor and City Council of the City of San Bernardino, California, determining the necessity to incur a bonded indebtedness for Community Facilities District No. 2021-1 (Ferree Street), submitting to the qualified electors of the Community Facilities District a proposition to authorize the levy of a special tax therein, to authorize such Community Facilities District to incur a bonded indebtedness secured by the levy of a special therein to finance certain types of public facilities and to establish an appropriations limit for such Community Facilities District and calling a special election for the Community Facilities District on a proposition for incurring such bonded indebtedness; 4. Adopt Resolution No. 2021-44 of the Mayor and City Council of the City of San Bernardino, California calling a special election and submitting to the voters of Community Facilities District No. 2021-1 (Ferree Street) of the City of San Bernardino propositions regarding the annual levy of special taxes within the Community Facilities District to pay principal of and interest on bonds thereof and to pay the costs of public facilities and establishing an appropriations limit 15.c Packet Pg. 624 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/4/2021 therefor; 5. Adopt Resolution No. 2021-45 of the Mayor and City Council of the City of San Bernardino, California declaring the results of the consolidated special elections within Community Facilities District No. 2021-1 (Ferree Street); and 6. Conduct first reading of Ordinance No. MC-1555 of the Mayor and City Council of the City of San Bernardino, California, acting as the legislative body of Community Facilities District No. 2021-1 (Ferree Street), authorizing the levy of special taxes in such community facilities district. Mayor Valdivia opened the Public Hearing at 9:12 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:13 p.m. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-40 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 AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 7); ADOPT RESOLUTION NO. 2021-43 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DETERMINING THE NECESSITY TO INCUR A BONDED INDEBTEDNESS FOR COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), SUBMITTING TO THE QUALIFIED ELECTORS OF THE COMMUNITY FACILITIES DISTRICT A PROPOSITION TO AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, TO AUTHORIZE SUCH COMMUNITY FACILITIES DISTRICT TO INCUR A BONDED INDEBTEDNESS SECURED BY THE LEVY OF A SPECIAL THEREIN TO FINANCE CERTAIN TYPES OF PUBLIC FACILITIES AND TO ESTABLISH AN APPROPRIATIONS LIMIT FOR SUCH COMMUNITY FACILITIES DISTRICT AND CALLING A SPECIAL ELECTION FOR THE COMMUNITY FACILITIES DISTRICT ON A PROPOSITION FOR INCURRING SUCH BONDED INDEBTEDNESS; AND ADOPT RESOLUTION NO. 2021-44 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF THE CITY OF SAN BERNARDINO PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO PAY PRINCIPAL OF AND INTEREST ON BONDS 15.c Packet Pg. 625 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/4/2021 THEREOF AND TO PAY THE COSTS OF PUBLIC FACILITIES AND ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-45 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING THE RESULTS OF THE CONSOLIDATED SPECIAL ELECTIONS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: CONDUCT FIRST READING OF ORDINANCE NO. MC-1555 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET), AUTHORIZING THE LEVY OF SPECIAL TAXES IN SUCH COMMUNITY FACILITIES DISTRICT, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin 15. Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 8 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2021-46 of the Mayor and City Council of the City of San Bernardino, California, calling for an election to submit to the qualified 15.c Packet Pg. 626 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/4/2021 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. 8); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2021-47 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. 8); 5. Introduce Ordinance No. MC-1556 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 2021 -22 to pay the annual costs of the maintenance and servicing of landscaping, l ighting, 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-1556 for March 17, 2021. Mayor Valdivia opened the Public Hearing at 9:21 p.m. City Clerk Genoveva Rocha informed the Mayor and City Council that there were no requests to speak. Mayor Valdivia closed the Public Hearing at 9:22 p.m. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER FIGUEROA, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-46 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING FOR 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. 8); CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Juan Figueroa, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation 15.c Packet Pg. 627 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-47 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. 8), CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation RESULT: INTRODUCED ORDINANCE NO. MC-1556 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 2021-22 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 SCHEDULED THE FINAL READING AND ADOPTION OF ORDINANCE NO MC-1556 FOR MARCH 17, 2021, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None STAFF REPORTS 6. Commercial Cannabis Business Permit Forfeitures Update (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept the Commercial Cannabis Business Permit Forfeitures Update. Economic Development Specialist Sanchez provided an update on the commercial cannabis business permit forfeitures update. City Council asked questions regarding the Commercial Cannabis Business Application Ranking List. 15.c Packet Pg. 628 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/4/2021 RESULT: RECEIVED AND FILED 7. Carousel Mall - Developer Selection (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California receive a report and provide staff direction regarding the development of the Carousel Mall property. MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY MAYOR PRO TEM IBARRA, to select Renaissance Downtown USA/ICO Real Estate Group and direct the City Manager to negotiate an Exclusive Negotiation Agreement for consideration by the Mayor and City Council. SUBSTITUTE MOTION BY COUNCIL MEMBER ALEXANDER, to select Renaissance Downtown USA/ICO Real Estate Group and direct the City Manager to negotiate an Exclusive Negotiation Agreement for consideration by the Mayor and City Council; create a three person Ad-Hoc Committee consisting of Wards 1, 2, and 3; create a Citizens Committee consisting of nine members, one from each Ward and two appointed by the Mayor, to oversee the Community Benefits Agreement and work in conjunction with the Ad- Hoc Committee and the developer; hire two additional administrators, one in the Public Works Department and one in the Community and Economic Development Department to maintain service levels; and direct the City Manager to bring back a resolution reflecting the actions of City Council at the next regular meeting. There was no second. Council Member Reynoso commented on choosing a developer, expressing that he is in support of Renaissance Downtown USA/ICO Real Estate Group and that the Community Benefits Agreement needs to emphasize local hires, minority business owners have a place in the development, career employment is at the forefront, and affordable housing. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER FIGUEROA, to end the current process and direct the City Manager to master plan the Carousel Mall in conjunction with the Downtown Specific Plan process. Council Member Sanchez asked for clarification on the specifics of the staff recommended Option 3 and at what capacity the City would be involved and if it would preclude the City from a Community Benefits Agreement. City Manager Field advised that the City would contract with a consultant to complete the Master Plan of the site, determining what types of development would occur and the potential to accelerate the development process, and stated that a Community Benefits Agreement would still be included in the process. Council Member Alexander commented on representation from every Ward to work with the City and the developer on a Community Benefits Agreement. 15.c Packet Pg. 629 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 15 Printed 3/4/2021 Council Member Figueroa asked if the City has assessed the value of the Carousel Mall Property and commented on the proposals received, stating that the aspect of attracting people to the downtown area was lacking. City Manager Field advised that City has not appraised the site and expressed that the value may go up if the building was demolished beforehand. Mayor Pro Tem Ibarra commented that if City Council chose Option 3, it would mean starting over and it would not be fair to the top candidates Council Member Shorett commented on the numerous benefits the redevelopment of the Carousel Mall will provide to the community and expressed that the motion include a timeframe for an agreement to be brought back to the Mayor and City Council. Council Member Sanchez requested that a 90-day or 120-day timeframe be added to the motion for staff to bring back to City Council an agreement. Council Member Calvin stated that the timeframe was not part of her original motion to approve Option 2. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER FIGUEROA, to select Renaissance Downtown USA/ICO Real Estate Group and direct the City Manager to negotiate an Exclusive Negotiation Agreement for consideration by the Mayor and City Council with the requirement of having a signed agreement in 120 days. Council Member Shorett suggested adding up to 120 days with a report to the Mayor and City Council every 30 days. Council Member Calvin asked if the prior staff report mentioned 12 -18 months to have a signed agreement and commented that the timeframe of 120 days is a big difference from what was included in the prior staff report and expressed she did not agree. Council Member Reynoso commented that the developer mentioned the project would be built in 15 years. Council Member Shorett stated that the 15-year timeframe is unacceptable and that can be included in the agreement. Council Member Sanchez commented on coming up with basic agreement terms within the 120 days. City Manager Field asked for clarification on the agreement and advised that staff can have a framework completed in 90 days; however, it would be difficult to have the agreement completed so quickly and the City is not staffed to negotiate the agreemen t due to the complexities involved. Council Member Calvin commented on community input. 15.c Packet Pg. 630 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 16 Printed 3/4/2021 Council Member Shorett suggested the motion to include 120 days to have the framework of deal points complete. Council Member Calvin suggested the motion to include 120 days to enter into a n Exclusive Negotiation Agreement. City Manager Field advised that approval in 120 days would not be feasible, and asked if staff could instead negotiate the framework of the deal points within 120 days. Mr. Field also advised that the deal points would be brought back to the Mayor and City Council. Council Member Sanchez commented that if Option 2 is chosen, he wants to make sure that it is feasible. Council Member Calvin agreed with Council Member Sanchez, and added that 6 months is a more ideal timeframe. Council Member Shorett stated that the timeframe is just to provide framework of deal points and would like a deadline to move the project along as fast as possible with updates. Council Member Calvin stated that she will amend her motion to include a 6 month timeframe to negotiate the framework of the deal points. Council Member Shorett stated he would second the motion. MOTION BY COUNCIL MEMBER CALVIN, SECONDED BY COUNCIL MEMBER SHORETT, to approve Option 2 with an amended recommendation. RESULT: SELECTED RENAISSANCE DOWNTOWN USA/ICO REAL ESTATE GROUP AND DIRECT THE CITY MANAGER TO NEGOTIATE AN EXCLUSIVE NEGOTIATION AGREEMENT FOR CONSIDERATION BY THE MAYOR AND CITY COUNCIL AND HAVE THE DEAL POINT FRAMEWORK OF THE EXCLUSIVE NEGOTIATION AGREEMENT COMPLETED IN SIX MONTHS, CARRIED (6-1) MOVER: Kimberly Calvin, Ward 5 SECONDER: Fred Shorett, Ward 4 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, Alexander NOES: Figueroa Council Member Shorett asked for a point of clarity and asked if the motion that was approved included updates every 30 days. City Clerk Rocha advised that it was not included in the motion. MOTION BY COUNCIL MEMBER SHORETT, to reconsider Item No. 7. There was no second. 15.c Packet Pg. 631 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 17 Printed 3/4/2021 Council Member Sanchez asked the City Manager if the action of updating City Council every 30 days can be done administratively. City Manager Field advised that updates would be brought back to City Council every 30 days, with the possibility of more frequent updates. Council Member Calvin asked the Mayor if he could have the City Clerk repe at the motion because there has been some confusion. Council Member Shorett commented that the item needs to be reconsidered. MOTION BY COUNCIL MEMBER SHORETT, to reconsider Item No. 7. Mayor Valdivia asked if there was a second to Council Member Shore tt’s motion. There was no second to the motion. 8. 2021 SCAG General Assembly Delegate and Alternate (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the selection of a Delegate and Alternate to the 2021 Southern California Association of Governments (SCAG) Regional Conference and General Assembly (GA) May 6, 2021, remote participation only web -conference via Zoom. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY MAYOR PRO TEM IBARRA, to approve the selection of a Delegate and Alternate. RESULT: APPROVED THE SELECTION OF COUNCIL MEMBER ALEXANDER AS THE DELEGATE AND COUNCIL MEMBER SHORETT AS THE ALTERNATE FOR THE 2021 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) REGIONAL CONFERENCE AND GENERAL ASSEMBLY (GA) ON MAY 6, 2021, REMOTE PARTICIPATION ONLY WEB- CONFERENCE VIA ZOOM, CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Sandra Ibarra, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 9. FY 2020/21 Mid-Year Budget Report (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Receive and File the FY 2020/21 Mid-Year Budget Report; 2. Authorize staff to proceed with preparing and soliciting Requests for Proposals (RFPs) for the replacement of the City’s building and safety permitting system, Public Works work order and asset management system, and financial 15.c Packet Pg. 632 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 18 Printed 3/4/2021 management payroll and timekeeping system; and 3. Authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council. COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, and direct the City Manager to make an internal hire for the Deputy Director for the Community and Economic Development Department. Council Member Shorett commented that the City employees are our greatest asset; however, the City should still consider hiring an external candidate. City Attorney Carvalho commented on the motion, and advised City Council that the City Charter states that the City Manager has the sole authority in hiring and appointing City staff. Council Member Alexander stated that he would amend his motion to encourage the City Manager to make an internal hire for the Deputy Director position. Council Member Reynoso added if Council Member Alexander would include diversit y in his motion. Council Member Alexander agreed with the addition. COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, and encourage the City Manager to make an internal hire and include diversity for the Deputy Director for the Community and Economic Development Department. Mayor Pro Tem Ibarra asked questions regarding the $180,000 for election costs from San Bernardino County, the full-time office assistant position, and stated that she will not be able to approve the Deputy City Clerk position at this time. Mayor Pro Tem Ibarra also stated that she had previously recommended removing the Public Information Officer position from the City Manager’s Office. Finance Director Whitehorn provided a presentation to the Mayor and City Council reviewing the recommendations City Council previously provided to staff. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendations. MOTION FAILED 3-4 (MAYOR PRO TEM IBARRA, COUNCIL MEMBERS REYNOSO, 15.c Packet Pg. 633 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 19 Printed 3/4/2021 CALVIN, AND ALEXANDER OPPOSED) Mayor Valdivia asked City Clerk Rocha to take a roll call vote on Council Member Alexander’s original motion. Council Member Sanchez asked where the $82,000 that is being removed the Police Department’s budget will go. Council Member Sanchez asked if Council Member Alexander would be amenable to include in his motion for an item to be brought back to City Council with several options, including the original staff reco mmendation, of how to spend the $82,000. Council Member Alexander stated he would include it in his motion. Council Member Reynoso retracted his second on Council Member Alexander’s motion. COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER SANCHEZ, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, encourage the City Manager to make an internal hire and include diversity for the Deputy Director for the Community and Economic Development Department, and bring back an item to City Council with several options, including the original staff recommendation, of how to spend the $82,000. MOTION FAILED 3-4 (MAYOR PRO TEM IBARRA, COUNCIL MEMBERS FIGUEROA, SHORETT, AND REYNOSO OPPOSED) COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to authorize the Director of Finance to Amend the FY 2020/21 Budget as outlined in the FY 2020/21 Mid-Year Budget Report to include recommended changes from the Mayor and City Council, receive and adopt the mid -year budget report with the amendments of removing the $82,000 from the Police Department budget, and encourage the City Manager to make an internal hire and include diversity for the Deputy Director for the Community and Economic Development Department. MOTION FAILED 3-4 (COUNCIL MEMBER SANCHEZ, MAYOR PRO TEM IBARRA, COUNCIL MEMBERS FIGUEROA AND SHORETT OPPOSED) COUNCIL MEMBER SHORETT MOTIONED, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the original recommendation from staff. MOTION FAILED 3-4 (MAYOR PRO TEM IBARRA, COUNCIL MEMBERS REYNOSO, CALVIN AND ALEXANDER OPPOSED) COUNCIL MEMBER FIGUEROA MOTIONED, SECONDED BY COUNCIL MEMBER REYNOSO, to move to the next agenda item. COUNCIL MEMBER SANCHEZ MOTIONED, SECONDED BY COUNCIL MEMBER SHORETT, to reconsider Council Member Alexander’s motion. CARRIED 6-1 (MAYOR PRO TEM IBARRA OPPOSED) COUNCIL MEMBER ALEXANDER MOTIONED, SECONDED BY COUNCIL MEMBER 15.c Packet Pg. 634 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 20 Printed 3/4/2021 REYNOSO, to approve staff’s revised recommendations with amendments. RESULT: AUTHORIZED THE DIRECTOR OF FINANCE TO AMEND THE FY 2020/21 BUDGET AS OUTLINED IN THE FY 2020/21 MID-YEAR BUDGET REPORT TO INCLUDE RECOMMENDED CHANGES FROM THE MAYOR AND CITY COUNCIL; AND RECEIVED AND ADOPTED THE MID-YEAR BUDGET REPORT WITH THE AMENDMENTS OF REMOVING THE $82,000 FROM THE POLICE DEPARTMENT BUDGET, AND ENCOURAGED THE CITY MANAGER TO MAKE AN INTERNAL HIRE AND INCLUDE DIVERSITY FOR THE DEPUTY DIRECTOR POSITION, CARRIED (5-2) MOVER: Damon L. Alexander, Ward 7 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra, Figueroa 10. Design Services Agreement for Nicholson Neighborhood Park Improvements (Ward 6) Recommendation Adopt Resolution No. 2021-37 of the Mayor and City Council of the City of San Bernardino, California, approving the award of a Design Services Agreement wi th RHA Landscape Architects Planners, Inc., in the amount of $215,295 for Design Services for the Nicholson Neighborhood Park Improvements Project (PR21 -006). Public Works Director Jensen provided a presentation of the staff report. MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER CALVIN, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-37 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A DESIGN SERVICES AGREEMENT WITH RH A LANDSCAPE ARCHITECTS PLANNERS, INC., IN THE AMOUNT OF $215,295 FOR DESIGN SERVICES FOR THE NICHOLSON NEIGHBORHOOD PARK IMPROVEMENTS PROJECT (PR21-006), CARRIED 7-0 – Passed Unanimously MOVER: Theodore Sanchez, Ward 1 SECONDER: Kimberly Calvin, Ward 6 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 15.c Packet Pg. 635 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 21 Printed 3/4/2021 11. Third Amendment to Lease Agreement with Vanir Tower Building, Inc. (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, adopt Resolution 2021-33 authorizing the City Manager to execute Amendment No. 3 to the Lease Agreement with Vanir Tower Building, Inc., for 290 North D Street, San Bernardino, California, increasing rental space to include Suite 803, and extending the Lease Agreement through June 30, 2024. Public Works Director Jensen provided a presentation of the staff report. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation with an amendment. Council Member Calvin stated that the City needs to have a plan of moving into a permanent City Hall. Council Member Shorett agreed, however it should be a separate discussion. City Manager advised there is a workshop schedule for March 31, 2021 to discuss Cit y Hall options. City Council Figueroa stated that he would like to make sure the move would be for Human Resources staff only. Mayor Pro Tem Ibarra asked if relocating to other buildings in the City would be feasible. Public Works Director Jensen commented on minimal space. Council Member Alexander commented on a private partnership agreement. 15.c Packet Pg. 636 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 22 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-33 AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE LEASE AGREEMENT WITH VANIR TOWER BUILDING, INC., FOR 290 NORTH D STREET, SAN BERNARDINO, CALIFORNIA, INCREASING RENTAL SPACE TO INCLUDE SUITE 803, AND EXTENDING THE LEASE AGREEMENT THROUGH JUNE 30, 2024 WITH THE ADDITION THAT SHOULD THE CITY MANAGER DETERMINE MORE SPACE IS NEEDED FOR STAFF, AN ITEM WILL BE BROUGHT BACK TO THE CITY COUNCIL FOR THEIR CONSIDERATION, CARRIED (5-2) MOVER: Fred Shorett, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Shorett, Reynoso, Calvin, Alexander NOES: Ibarra, Figueroa 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. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve the Consent Calendar and pull item Nos. 16, 18, 19, 20, 21, 23, 25, and 28. City staff advised that Consent Calendar Item No. 21 will be pulled and brought back to City Council at a later time. Council Member Reynoso pulled Item Nos. 16, 18, 19, 20 and 28 and asked when it would be appropriate to make a motion to never have more than 20 items on the agenda. Council Member Alexander pulled Item Nos. 23 and 25. Council Member Figueroa advised that he will be abstaining on Consent Calendar Item No. 22. RESULT: APPROVED THE CONSENT CALENDAR AND PULL ITEM NOS. 16, 18, 19, 20, 21, 23, 25, and 28, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 16. Biennial Review and Amendments to the City's Conflict of Interest Code (All Wards) Recommendation Adopt Resolution No. 2021-48 of the Mayor and City Council of the City of San 15.c Packet Pg. 637 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 23 Printed 3/4/2021 Bernardino, California, approving and adopting the amended Conflict of Interest Code pursuant to the Political Reform Act of 1974. Council Member Reynoso pulled Item No. 16 for discussion. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-48 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 3 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 17. Approval of the Mayor and City Council Meeting Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes from the May 6, 2020, February 11, 2021, and February 24, 2021, Mayor and City Council meetings. 18. Executive Order Extending Deadlines for Entitlements (All Wards) Recommendation Adopt Resolution No. 2021-49 of the Mayor and City Council of the City of San Bernardino, California, ratifying Executive Order 2021 -01 of the Director of Emergency Services for the City of San Bernardino, California, enacting and implementing time extensions for land use entitlements, building plan check approvals, building permits, and other miscellaneous deadlines due to the impacts of the novel coronavirus (COVID-19) and other protective measures during a period of local emergency. Council Member Reynoso pulled Item No. 18 for discussion and asked for clarification on projects that were delayed. Community and Economic Development Director Huntley advised that this would provide fair and equitable treatment to those impacted by COVID -19. MOTION BY COUNCIL MEMBER REYNOSO, to deny Resolution No. 2021-49. There was no second. SUBSTITUTE MOTION BY COUNCIL MEMBER SANCHEZ, SECONDED BY COUNCIL MEMBER SHORETT, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-49 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 15.c Packet Pg. 638 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 24 Printed 3/4/2021 RATIFYING EXECUTIVE ORDER 2021-01 OF THE DIRECTOR OF EMERGENCY SERVICES FOR THE CITY OF SAN BERNARDINO, CALIFORNIA, ENACTING AND IMPLEMENTING TIME EXTENSIONS FOR LAND USE ENTITLEMENTS, BUILDING PLAN CHECK APPROVALS, BUILDING PERMITS, AND OTHER MISCELLANEOUS DEADLINES DUE TO THE IMPACTS OF THE NOVEL CORONAVIRUS (COVID-19) AND OTHER PROTECTIVE MEASURES DURING A PERIOD OF LOCAL EMERGENCY, CARRIED (5-2) MOVER: Theodore Sanchez, Ward 1 SECONDER: Fred Shorett, Ward 3 AYES: Sanchez, Ibarra, Figueroa, Shorett, Calvin NOES: Reynoso, Alexander 19. First Amendment to the Community Development Block Grant Coronavirus Subrecipient Agreement Between the City of San Bernardino and the Housing Authority of the County of San Bernardino (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-50 authorizing the execution of the First Amendment to the Community Development Block Grant Coronavirus Subrec ipient Agreement between the City of San Bernardino and the Housing Authority of the County of San Bernardino; and 2. Authorize the City Manager or Designee to take any further actions and execute the First Amendment to the Agreement between the City of San Bernardino and the Housing Authority of the County of San Bernardino. Council Member Reynoso pulled Item No. 19 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation 15.c Packet Pg. 639 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 25 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-50 AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT CORONAVIRUS SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO TAKE ANY FURTHER ACTIONS AND EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE HOUSING AUTHORITY OF THE COUNTY OF SAN BERNARDINO, CARRIED 7-0 – Passed Unanimously MOVER: Ben Reynoso, Ward 5 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 20. Agreement with State of California for Permanent Local Housing Allocation (PLHA) Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-51 authorizing the City Manager or Designee to enter into an agreement with the State of California for the Permanent Local Housing Allocation program and the accept the $1,622,027 grant; and 2. Direct the Finance Director to amend the FY 2020/21 adopted budget to establish a new fund and program for PLHA for $1,622,027. Council Member Reynoso pulled Item No. 20 for discussion. MOTION BY COUNCIL MEMBER REYNOSO, SECONDED BY COUNCIL MEMBER ALEXANDER, to adopt Resolution No. 2021-51 authorizing the City Manager or Designee to enter into an agreement with the State of California for the Permanent Local Housing Allocation program and the accept the $1,622,027 grant, direct the Finance Director to amend the FY 2020/21 adopted budget to establish a new fund and program for PLHA for $1,622,027, with the addition of allocating $500,000 out of the $1,622,021 for rehabilitation services for the homeless. SUBSTITUTE MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff’s recommendation RESULT: ADOPTED RESOLUTION NO. 2021-51 AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR THE PERMANENT LOCAL HOUSING ALLOCATION PROGRAM AND THE ACCEPT 15.c Packet Pg. 640 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 26 Printed 3/4/2021 THE $1,622,027 GRANT AND DIRECTED THE FINANCE DIRECTOR TO AMEND THE FY 2020/21 ADOPTED BUDGET TO ESTABLISH A NEW FUND AND PROGRAM FOR PLHA FOR $1,622,027, CARRIED 7-0 – Passed Unanimously MOVER: Fred Shorett, Ward 3 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 21. Code Amendment - Downtown Advisory Committee Final Reading (Wards 1 & 3) Recommendation Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to Section 2.17.040 related to Appointment-Registered voters requirement- Compensation-Oath, with the amendments identified by the Mayor and City Council motion to approve the ordinance. City staff pulled Item No. 21 from the Consent Calendar and will be brought back to City Council at a later time. 22. Memorandum of Understanding to Support the Making Hope Happen Foundation Prepare a Promise Neighborhoods Program Application in Partnership with San Bernardino City Unified School District (Ward: 1, 4 and 7) Recommendation Adopt Resolution No. 2021-52 of the Mayor and City Council of the City of San Bernardino, California, directing the City Manager to sign and execute a Letter of Support and Memorandum of Understanding to support the Making Hope Happen Foundation prepare a Promise Neighborhoods Program application in Partnership with San Bernardino City Unified School District. Council Member Figueroa abstained on Item No. 22. 15.c Packet Pg. 641 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 27 Printed 3/4/2021 RESULT: ADOPTED RESOLUTION NO. 2021-52 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DIRECTING THE CITY MANAGER TO SIGN AND EXECUTE A LETTER OF SUPPORT AND MEMORANDUM OF UNDERSTANDING TO SUPPORT THE MAKING HOPE HAPPEN FOUNDATION PREPARE A PROMISE NEIGHBORHOODS PROGRAM APPLICATION IN PARTNERSHIP WITH SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT, CARRIED (6-1) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra , Shorett, Reynoso, Calvin, Alexander ABSTAIN: Figueroa NOES: None 23. Emergency Rental Assistance Program Committee (All Wards) Recommendation Adopt Resolution No. 2021-53 of the Mayor and City Council of the City of San Bernardino, California, establishing the Emergency Rental Assistance Program Committee. Council Member Alexander pulled Item No. 23 for discussion. MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER REYNOSO, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-53 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE EMERGENCY RENTAL ASSISTANCE PROGRAM COMMITTEE, CARRIED 7-0 – Passed Unanimously MOVER: Damon L. Alexander, Ward 7 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 24. Investment Portfolio Report for January 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for January 2021. 25. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January and February 2021. 15.c Packet Pg. 642 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 28 Printed 3/4/2021 Council Member Alexander pulled Item No. 25 for discussion and asked questions regarding charges for medical supplies and building security. Staff advised they will report back as to the charges on the disbursements. MOTION BY COUNCIL MEMBER ALEXANDER, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: APPROVED THE COMMERCIAL AND PAYROLL DISBURSEMENTS FOR JANUARY AND FEBRUARY 2021, CARRIED 7-0 – Passed Unanimously MOVER: Damon L. Alexander, Ward 7 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander NOES: None 26. Resolution Approving the Annual Renewal of the City’s Property Insurance for FY 2021-22 (All Wards) Recommendation Adopt Resolution No. 2021-54 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s property insurance for a premium not to exceed $1,292,000 for the term beg inning April 1, 2021 and ending March 31, 2022. 27. Construction Contract Award - Community Center Improvements (Wards 1, 6) Recommendation Adopt Resolution No. 2021-55 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with JCOS Development, Inc., in the amount of $374,800 to provide community center upgrades at Delmann Heights Community Center and 5th Street Senior Center; 2. Authorizing project construction, construction continge ncies and inspections costs in the total amount of $191,704 for Delmann Heights Community Center Upgrades Project (CIP PR21-005), and in the total amount of $248,900 for 5th Street Senior Center Upgrades Project (CIP PR21-004); and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 28. Exempt Surplus Land Declaration - San Marcos Street and Congress Street Property (Ward 3) Recommendation Adopt Resolution No. 2021-35 of the Mayor and City Council of the City of San Bernardino, California, declaring City-owned property commonly known as San Marcos Avenue and Congress Street, located northerly of the southerly line of Parcel 3 as shown on Parcel Map 19648 recorded in Parcel Map Book 253 Pages 15.c Packet Pg. 643 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 29 Printed 3/4/2021 51 and 52 records of San Bernardino County, APN 0274 -011-29 (“Property”), as “exempt surplus land,” as defined, and direct the City Manager to comply with the requirements of the Surplus Land Act, Government Code, Section 54220 et seq., for that exempt surplus land. Council Member Reynoso pulled Item No. 28 for discussion and asked staff questions regarding California Environmental Quality Act. Staff stated that the property is not exempt from the California Environmental Quality Act. Once construction occurs, the California Environmental Quality Act exemption is not lifted. MOTION BY COUNCIL MEMBER REYNOSO, to deny Resolution No. 2021-35. There was no second. MOTION BY COUNCIL MEMBER SHORETT, SECONDED BY COUNCIL MEMBER SANCHEZ, to approve staff’s recommendation. RESULT: ADOPTED RESOLUTION NO. 2021-35 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING CITY-OWNED PROPERTY COMMONLY KNOWN AS SAN MARCOS AVENUE AND CONGRESS STREET, LOCATED NORTHERLY OF THE SOUTHERLY LINE OF P ARCEL 3 AS SHOWN ON PARCEL MAP 19648 RECORDED IN PARCEL MAP BOOK 253 PAGES 51 AND 52 RECORDS OF SAN BERNARDINO COUNTY, APN 0274-011-29 (“PROPERTY”), AS “EXEMPT SURPLUS LAND,” AS DEFINED, AND DIRECT THE CITY MANAGER TO COMPLY WITH THE REQUIREMENTS OF THE SURPLUS LAND ACT, GOVERNMENT CODE, SECTION 54220 ET SEQ., FOR THAT EXEMPT SURPLUS LAND, CARRIED (5-2) MOVER: Fred Shorett, Ward 4 SECONDER: Theodore Sanchez, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Alexander NOES: Reynoso, Calvin Mayor Valdivia left the meeting at 12:25 a.m. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 29. Establishment of Ad Hoc and Standing Council Sub-Committees Mayor Pro Tem Ibarra asked if there were any objections. There were no objections from City Council. There was a unanimous consensus of the City Council to direct staff to bring back an item regarding the establishment of Ad Hoc and Standing Council Sub- Committees. 15.c Packet Pg. 644 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Regular Meeting Minutes March 3, 2021 Mayor and City Council of the City of San Bernardino Page 30 Printed 3/4/2021 ITEMS TO BE REFERRED TO COMMITTEE There were no items referred to the Committee. 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 12:31 a.m. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, March 17, 2021 via tele-conference. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. BY: Genoveva Rocha, CMC City Clerk 15.c Packet Pg. 645 Attachment: Attachment 3 - 3-03-2021 Draft Regular Meeting Minutes (7182 : Approval of the Mayor and City Council Meeting Minutes (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Cheryl Weeks, Council Administrative Supervisor Subject: 2020 and 2021 City Board, Commission & Citizen Advisory Committee Approved Minutes Recommendation Receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in January, February, and March 2021. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in January, February, and March 2021 are presented for review by the Mayor and City Council including the: 1. Measure Z Oversight Committee - October 5, 2020 2. Personnel Commission - April 28, 2020 3. Planning Commission - December 8, 2020 4. Water Board - December 22, 2020; January 12, 2021; January 26, 2021; February 9, 2021 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 January, February, and March 2021. 16 Packet Pg. 646 7183 Page 2 Attachments Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in January, February, and March 2021: Exhibit A - Measure Z Oversight Committee - October 5, 2020 Exhibit B - Personnel Commission - April 28, 2020 Exhibit C - Planning Commission - December 8, 2020 Exhibit D - Water Board - December 22, 2020; January 12, 2021; January 26, 2021; February 9, 2021 Ward: All 16 Packet Pg. 647 16.a Packet Pg. 648 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 649 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 650 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 651 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 652 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 653 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 654 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 655 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 656 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 657 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 658 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 659 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 660 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 661 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 662 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 663 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 664 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 665 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 666 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 667 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 668 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 669 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 670 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 671 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 672 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 673 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 674 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 675 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 676 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 677 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 678 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 679 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 680 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- 16.a Packet Pg. 681 Attachment: Attachment 1 - MCC.April.October.December 2020 and January.February 2021 BCCAC Approved Minutes.Attachment.(Exhibits A- Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Harris Building Parking Option Extension (Ward 1) Recommendation Adopt Resolution No. 2021-61 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency, approving the extension to the reciprocal easement agreement (REA) with El Corte Ingles, S.A., a Spanish Corporation (“ECI”) for parking. Background The Harris Company, a California corporation, and the Redevelopment Agency of the City of San Bernardino, California, entered into a Reciprocal Easement Agreement (REA) on December 24, 1970, to provide parking for the Harris Department store property located at 300 North E Street. Under the REA, a 1.4 acre parcel of parking space located on the Center City Mall property (also known as the Carousel Mall) was designated as parking space for the Harris building. Discussion The REA, which expired on December 24, 2020, includes an option to extend the agreement that must be exercised by March 24, 2021. El Corte Ingles, S.A. a Spanish corporation (“ECI”) now owns the property and has requested an extension to the agreement through January 31, 2022 , allowing time for the City and ECI to negotiate terms that will address the parking needs of ECI and provide for the City to continue to own the property subject to the option. 2020-2025 Key Strategic Targets and Goals The extension of the reciprocal easement agreement aligns with Key Target No. 3(c): Economic Growth & Development to create a 21st century urban core. Fiscal Impact There is no financial impact associated with extending the op tion for the reciprocal easement agreement for parking through January 31, 2022. Conclusion Adopt Resolution No. 2021-61 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Agency to the Redevelopment Agency, approving the extension to the reciprocal easement agreement (REA) with El Corte 17 Packet Pg. 682 7170 Page 2 Ingles, S.A., a Spanish Corporation (“ECI”) for parking. Attachments Attachment 1 Resolution 2021-61 Attachment 2 Resolution 2021-61, Exhibit A Extension of Time to Exercise Option 3 Attachment 3 Original Agreement dated December 24, 1970 Ward: 1 17 Packet Pg. 683 RESOLUTION NO. 2021-61 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING IN ITS CAPACITY AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE EXTENSION OF TIME TO THE RECIPROCAL EASEMENT AGREEMENT WITH EL CORTE INGLES, S.A., A SPANISH CORPORATION (“ECI”), RELATED TO PARKING, AND FINDING THE ACTION EXEMPT FROM CEQA WHEREAS, pursuant to Health and Safety Code (the “HSC”) section 34172(a)(1), the Redevelopment Agency of the City of San Bernardino (“Redevelopment Agency”) was dissolved on February 1, 2012; and WHEREAS, consistent with the provisions of the HSC, on January 9, 2012, the Mayor and City Council of the City of San Bernardino (“City”) elected to serve in the capacity of the Successor Agency to the Redevelopment Agency of the City of San Bernardino; and WHEREAS, the Harris Company, a California corporation, and the Redevelopment Agency entered into an Option agreement, on December 24, 1970, to provide parking for the Harris property located at 300 North E Street, in City; and WHEREAS, El Corte Ingles, S.A., a Spanish Corporation (“ECI”) is now the holder of the Option; and WHEREAS, the Redevelopment Agency and EC I entered into a reciprocal Easement Agreement (“REA”) dated December 24, 1970; and WHEREAS, the REA expired under its own terms on December 24, 2020, and the “Option” to extend the agreement must be exercised by March 24, 2021; and WHEREAS, ECI and the City are presently negotiating to arrive at a solution that satisfies the parking needs of ECI, and provides for the City to own the property subject to the Option; and WHEREAS, the City and ECI desire to extend the REA to allow more time to complete the negotiations. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING IN THE CAPACITY AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 17.a Packet Pg. 684 Attachment: Attachment 1 - Resolution 2021-61 [Revision 1] (7170 : Harris Building Parking Option Extension (Ward 1)) Resolution No. 2021-61 SECTION 2. On behalf of the Successor Agency, the City Manager, in the capacity as Executive Director of the Successor Agency, or designee, is hereby authorized and directed to execute the extension of the Reciprocal Easement Agreement on behalf of the City, attached hereto and incorporated herein as Exhibit “A”. SECTION 3. The City as Successor Agency determines that this Resolution is not subject to the California Environmental Quality Act (“CEQA”). Specifically, this Resolution does not authorize or approve any development or construction projects, but is limited to extending the time by which City and ECI may negotiate the parking component of the reciprocal Easement Agreement. Thus, this Resolution does not commit the City to any future action, nor does the action approve a particular project, or grant any specific approval that would have a direct or reasonably foreseeable indirect environmental impact pursuant to CEQA. (See 14 C.C.R. §§ 15060(c); 15378(b).) As such, the mere provision of this executed Resolution is not the approval of a “project” under the California Environmental Quality Act, and no further action under CEQA is required. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council, acting as Successor Agency, and signed by the Mayor, acting as the Chairman, and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Chairman Successor Agency Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 685 Attachment: Attachment 1 - Resolution 2021-61 [Revision 1] (7170 : Harris Building Parking Option Extension (Ward 1)) Resolution No. 2021-61 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. 2021-61, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 17.a Packet Pg. 686 Attachment: Attachment 1 - Resolution 2021-61 [Revision 1] (7170 : Harris Building Parking Option Extension (Ward 1)) 1 Extension of Time to Exercise Option (“Extension”) This Extension is made and entered into by El Corte Ingles, S.A. a Spanish corporation (“ECI”) and City of San Bernardino as the Successor Agency to the Redevelopment Agency of the City of San Bernardino (“City”) on the Effective Date. Recitals 1. The Harris Company, a California corporation, and the Redevelopment Agency of the City of San Bernardino, California, entered into an Option, under the date of December 24, 1970, recorded in Book 7580, Page No 401 in San Bernardino County, California (“Option”). 2. ECI is the holder of the Option. 3. The predecessors of the City and ECI entered into a Reciprocal Easement Agreement (“REA”) dated December 24, 1970, recorded in Book 7580, Page No. 280 in San Bernardino County, California. 4. The REA expired under its own terms on December 24, 2020. The “Option” must be exercised by March 24, 2021 (“Lapse Date”) and shall be of no further force and effect unless exercised prior to the Lapse Date. 5. ECI and City are presently negotiating to arrive at a solution that satisfies the parking needs of ECI, and provides for the City to own the property subject to the Option. 6. The City and ECI desire to extend the Lapse Date to January 31, 2022, which will allow time to complete the negotiations. NOW, THEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by this reference, and in consideration of the acts required to be taken by ECI and City, respectively, as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and for the mutual covenants contained herein, the Parties hereby agree as follows: A. Recitals. The Recitals are true and correct and are incorporated in full herein. B. Lapse Date. The Lapse Date is January 31, 2022. C. Notices. Any notice to be provided under this Extension must be in writing and shall be delivered (a) personally, (b) via certified or registered mail, postage prepared, or (c) via overnight courier (such as Federal Express). If personally delivered, receipt shall be deemed effective on the date of delivery. If sent via certified or registered mail, receipt shall be deemed effective forty-eight (48) hours after being deposited in the United States mail. If sent via overnight 17.b Packet Pg. 687 Attachment: Attachment 2 - Extension of Time to Exercise Option 3.2021 (7170 : Harris Building Parking Option Extension (Ward 1)) 2 courier, receipt shall be deemed effective the next business day after the sending thereof. Any notices shall be given to the Parties at the following addresses: If to ECI: El Corte Ingles, S.A. c/o P.O. Box 7811 Redlands, CA 92375 Attn: Thomas H. McPeters, Esq. with a copy to: Gresham Savage Nolan & Tilden 550 E. Hospitality Lane, Suite 300 San Bernardino, CA 92408 Attn: Mark A. Ostoich, Esq. If to City City of San Bernardino 290 North D Street San Bernardino, CA 92701 Attn: City Manager with a copy to: City of San Bernardino 215 North D Street San Bernardino, CA 92401 Attn: City Clerk Either Party may change its address by written notice to the other given in the manner set forth above. D. Time. Time is of the essence for each and every term, condition, covenant, obligation and provision of this Agreement. E. Attorneys’ Fees. If either Party named herein brings an action or proceeding to enforce the terms hereof or decl are right hereunder, the prevailing Party in any such action (or proceeding), on trial or appeal, shall be entitled to its reasonable attorneys’ fees to be paid by the non-prevailing Party as fixed by the Court. F. Conflicts. In the event of a conflict between this Extension and any other document(s) executed or purposed to be executed between the Parties prior to the Effective Date, the provisions contained in this Extension shall in all instances govern and prevail. G. Binding Effect. This Extension shall bind and inure to the benefit of the successors and Assigns of the respective Parties. H. Waiver. No waiver by any Party at any time of any breach of any provision of this Extension shall be deemed a waiver or a breach of any other provision herein or consent to any subsequent 17.b Packet Pg. 688 Attachment: Attachment 2 - Extension of Time to Exercise Option 3.2021 (7170 : Harris Building Parking Option Extension (Ward 1)) 3 breach of the same or another provision. If any action by any such Party shall require the consent or approval of another Party, such consent or approval of such action on any one occasion shall not be deemed a consent to, or approval of, such action on any subsequent occasion or consent to or approval of any other action. I. Governing Law: Venue. This Extension has been prepared, negotiated and executed in, and shall be construed in accordance with, the laws of the State of California. Any action or proceeding relating to or arising out of this Extension shall be filed, if a State action, in the Superior Court of the State of California for the County of San Bernardino, or if a federal action, in the United States District Court for the Central District of California. J. No Third Party Beneficiary Rights. This Extension is entered into for the sole benefit of ECI and City and no other parties are intended to be direct or incidental beneficiaries of this Extension and no third party shall have any right in, under or to this Extension. K. No Partnership. Each Party hereto will act as an independent contractor, and nothing contained in or arising out of this Agreement will be construed to imply or create any joint venture, partnership, agency or other relationship. The Parties agreed that no fiduciary relationship is created by this Extension. L. Entire Agreement. This Extension constitutes the final, complete and exclusive statement of terms of the agreement between the Parties pertaining to the subject matter of this Extension and supersedes all prior and contemporaneous understandings or agreements of the Parties. No Party has been induced to enter into this Extension by, nor is any Party relying on, any representation or warranty outside those expressly set for in this Extension. M. Amendment. No amendment or modification of any term or provision of this Extension shall be effective unless set forth in writing, signed by both City and ECI. N. Counterparts; Facsimile Signatures. This Extension may be executed in counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. The Parties hereto intend to be bound by the signatures on the facsi mile or electronic document, and hereby waive any defenses to the enforcement of the terms of this Extension based on the use of a facsimile or electronic signature; provided, however, that the Parties hereby agree to execute and provide to each other original signatures, upon the request made by either Party to the other. O. Effective Date. As used in this Extension, the term “Effective Date” shall mean the date on which this Extension has been signed by both of the Parties. [SIGNATURES ON THE NEXT PAGE] 17.b Packet Pg. 689 Attachment: Attachment 2 - Extension of Time to Exercise Option 3.2021 (7170 : Harris Building Parking Option Extension (Ward 1)) 4 IN WITNESS WHEREOF, ECI and City have caused this Agreement to be executed as of last date written below. “ECI” EL CORTE INGLES, S.A., a Spanish Corporation Date: By: Thomas H. McPeters Its: Authorized Signer “CITY” City of San Bernardino as the Successor Agency to the Redevelopment Agency of the City of San Bernardino Date: By: Name: Title:__________________________________ 17.b Packet Pg. 690 Attachment: Attachment 2 - Extension of Time to Exercise Option 3.2021 (7170 : Harris Building Parking Option Extension (Ward 1)) -,. ; _____ *_· ~.,_, -----•--=..,..,, _,,,,._ ,•••-,..,e,. --• __ • __ -. -._. .......... ,_•,,•,, __ • __ --, --- 1 •_ -."" ___ ~-,._• __ ,""""'--------~••1-•a .. ~.• .... -lll ... t.L!r.S •rltdl!!. ~~- • ' / 6-8-70 R.3-31-70 R.10-21-70 . ""' (. :, Boor 7580 PAGE 280 When recorded mall this Instrument to: FIRST A0 ··-:~,-, .. Tl1' I. ...... ,,.,( ,. .1. · , l I , . . "\, , .'..)I ... REA CENTRAL CITY MALL J:·3 ~ I •· ' SAN em ;~,;:~:.,o, c,,L::: ; .. : , ~::c1 SAN BE!{NARDINO, CALIFORNIA RECITALS ARTICLE I DEFINITIONS Section 1.1 Project Area Section 1.2 Penney Parcels Section 1.3 Developer }arcels Section 1.4 Agency Par~els Section 1.5 Monwar Parcels Section 1 .• 6 Harris Parcels • Section 1.7 Occup~t '"' • Section 1.8 Party 794 .. ..--.. ·· ' , PAGg 1 4 4 4 4 4 .s 5 5 's • ·section 1.9 Persons Section 1.10 Permittees Section 1.11 Parking Area Secticn 1.12 common Areas RECOP.OEO AT REOU£ST --- F1~·1 AMERICAN TITLE COMPANY Section 1.13 Improvement Plans Section 1.14 Project Architect C' t . .... ec 1.on 1.15 Malls Section 1.16 Floor Area Section 1.17 Parking Garage Section 1.18 Parkiqg·Index 1970 DEC 24 PM 4·;,0 , B(JOK 7580 PAGE280 Off'ICIAL RECOP.OS SAN BERNAR01H:J CO. CALIF • .;lZI. P: ·: . ..",::. cou:-.:, ,L "' :..a Section 1.19 Required Parking Index Section 1.20 Unavoi3.able Delays Section 1.21 Common Building Component Section 1.22 Main Store Building Section 1.23 TBA Section 1.24 Store Section 1.25 Departmerlt Stcre Parties Section 1.26 Enclosed M~ll Section 1.27 Terms 11 11 11 11 12 12 12 13 13 13 .. 14 14 14 I 14 ~ ... 14 14 : 14 ! 14 15 • Section 1.28 Mortgage2 15 (<I) / ----· ·.·---all.' rttnt ltt 1 ,, p •.. , 17.c Packet Pg. 691 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r • I'\ .I.! - • zc.suf1, R.0-31-70 J-' R.10-21-70 \ .. ) BOOK 7580 fAGE281 . ., AR'l'ICLE II PROPERTY SUBJECT TO DECIARATION ARTICLE III ARTICLE IV , OPERATIONS AND USES Section 3.] General Use s +-• ec .. ion 3.2 Parking Area Sectic>n 3.3 Common Areas Section 3.4 Restrictions on Uses Section 3.5 Permitted Uses Section 3.6 Character of Development Section 3.7 Prohibited Nuisances Operations and REGULA'r ION OF' IMPROVEMENTS Section 4.1 Section 4.2 Section 4.3 Section 4.4 Section 4.5 Section 4.6 Section 4.7 Sectio~ 4.8 Section 4.9 Minimum Parking RequirE~mentf; Build ins L '.nes Partial Construction Excavation Signs Exterior Walls Permitted Building Heights I Right to Alter Common Building Compone!nts Section 4.10 Right to Improve Property Con- taining Common Building Component Section 4.11 Restriction Against Corrmercial PAGE 15 (a) 15 15 15 17 18 19 20 20 21 2 J. 22 22 22 23 24 24 25 26 28 (b) (b) (b) Enterprises 30 • e ii •--•w,._,, 17.c Packet Pg. 692 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .JI - - ,,,l_~_--....,....-._...._--.......... .-----.. -·----------!_....._._..Jr t, CNI 7 I• e SIJS -, ' ! : R.8-31-70 R.10-21-70 R.11-4-70 R.11-16-70 -" ' \..i :, )1 BOOK 7580 PAGE 282 ARTICLE V EASEMENTS Section 5.1 Section 5.2 Section 5.3 Section 5.4 Sect.ion 5.5 Section 5.6 Section 5.7 Easements for Easerc,ents for Easements for Easements for Components EasE:1ments for Ease-men ts for Relocation of . ., PAGE --- 3v Parkin9 30 Pedestrians 31 Access 32 I Common Building 32 I Utilities 32 t • Construction 33 ' I Utiliti.~s 33 (a) Section 5.8 Termination of Easemeints 34 J ARTICLE VI Section 5.9 Conditions to Easements 34 (a) f OPERATIOH, MAIN'I'ENANCE AND REPAIR OF PARKING AREA AND OTHER COMMON AREAS 34 (a) Section 6.1 Section 6.2 Section 6.3 Section 6.4 Section 6.5 Section 6.6 Operation,Maintenancei and Repair of Parking Area and Public Mc lls 34 (a) Operation, Maintenance and :~epa i:c of Developer Mall Parcels 35 Non-Contribution by Devel~Jer and Department Store Parties Daf&ult by Agency and/or Developer ~xpiration of Citi Leases Agency Operation Prior to City Lease Terms 35 35 35 35 (a) (d) . (d) ARTICLE VII IMPROVEHENT PLANS 3~ Section 7.1 Sche~·natic and Preliminary Plans A. B. c. D. E. F. G. Schematic Improvement Plans Pre:iminary Improvemont Pl"ins Modification of Im1-r >vement Plans Store Plans Plans fvr Parking Garage Plans for Developer ImprovEiments Approval of Plans Section 7.2 Construction Plans and Specifi- cations for Parking Garage and Common Areas Section 7.3 Constrccticn Plans and Specifi- cations for Developer Improvements iii 36 36 37 39 41 41 42 42 43 43 ' I ' , __________ .w __ ,,,,-.,_.._,_..._ -~ ~-- 17.c Packet Pg. 693 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .., 1 IL ____ .,..._,.;, .... , --:,: ... ~-"!!-~U!~.?,J~.=,:a.a:-:".-.~-,-'!'1.,.&~.,,.!':! .. ,~~--· ..... ~ei.~ .. ---. ;.~ ... ~ ......... ~.--.• ..,_:,~$~---~---:-11111: ___ , ..... : .. , ... ,,.:, --------..-.. ~ .... ~.,~~-··""'.'.,---... -- , R.8-31-70 BOOK 7580 PAGE283 R.10-21-70 ,-} '., ) AR'fICLE VIII ARTICLE IX ARTICLE X ARTICLE XI ARTICLE XII ~~ ,/ Section 7.4 Construction Plans and Spec- ifications for Stores GENERAL DESIGN DATA Section 8.1 General Design Criteria CONSTRUCTION AND OPENING o~• FLOOR ARB.A AND COMMON AREAS IMPROVEMENrs Section 9.1 Section 9.2 Section 9.3 Section 9.4 Depirtment Store Improvements Developer Improvem,ents Agency Improvements Conditions Precedent to Construction and Opening A. B. Conditions Precedent to Construction Conditions Precedent to Opening for Business C. Tenancies Section 9.S Section 9.6 Separate Works of Improvements When Ccnstruction Deemed to Have Commenced DEVELOPMENT OF FLOOR AREA AND COMMON ARBI\.S Section 10.1 De\"eloper and Agency Improvements Section 10.2 Imprbvements of Department Store Parties: GENERAL CONSTRUCTION REQUIREMENTS OPERATION Section 12.1 Operation of Stores A. Covanant with Respect • to Department Store B • Type of Operation iv i~,,,,,L-·- Pl\GE 44 45 45 46 ,(a) 46 (a) 48 48 49 (a) ' 49 (a); 50 51 I 51 (a)i 52 53 53 54 54 55 55 55 56 ' (a:) (a) (a) (b) I ' / • ' -----~---- 17.c Packet Pg. 694 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - II .. -- -- ... - r ll ___ .J,il.. .. -·------·-----· .... ,.. .... ~---"'"' ____ ... , •--.z .. .-lll'A _____ ,..___________ J .. ~ l, -~' BOOK 7580 P/tf 284 R.8-31-70 ARTICLE XIII ARTICLE XIV ARTICLE XV C Section 12.2 Section 12.3 Developer's Covenants Rules and Regulations DAMAGE, INSURANCE AND REP1'1..IR Section 13.1 Indemnity and Liability Insurance Section 13.2 Extended CoveragE! Insur.ar.ce Section 13.3 Obl~.gation to Repair Section .1.3 • 4 Repair, Maintenance and Restoration of Premises Section 13.5 Waiver re casualty Losses MISCELLANEOUS Section 14 .1 Injunctive Relief Section 14 .2 Self Help 1 ,' , j Section 14 .3 Un~voidable Delays Section 14 .4 Notice as Prerb~uisite to Default Section J.4. 5 Breach Shall not Permit Termination Section 14.6 Breach Shall Not Defeat Mortgage Section 14., Attorneys' Fees Section 14.8 Time of Essence Section 14. 9 Governing Laws Section 14 .10 Waiver of Default Section 14 .11 No Partnership Section 14.12 Successors Section 14 .13 Brokerage ARBITRATION OF :~ISPU'I'ES Section 15.1 Arbi.trable Matters Section 15.2 Arbitration Procedures V ,~:·-,,=--- PAGE 57 59 60 60 61 62 63 66 66 66 66 69 69 69 70 70 70 70 70 71 71 71 ; ,2, 72 72 I I -.-__ ..-._ t & a •->~ 17.c Packet Pg. 695 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = r I..._ __ ... ~~"."'.'-.-·~-_.--------~-----....... ~ •. ------·-------_·---·-_·-· _.._-.... Jlat:_._-_--,.---_--.. *----... -..,i : '4 I ,,~-I 1 = l 1 , R.8-31-7O -!: -•. -_ BOOK 7580 PA~E285 ,_ R.1O-21-7O \. ...., ARTICLE XVI DURATION, EX'l'INGUISHMENT, CONTINUATION AND MODIFICATION ARTICLE XVII ARTICLE :XVIII Section 16.1 Section 16.2 Nar A PUBLIC SEVERABILITY ARTICLE XIX NOTICES AR'l'ICLE XX Af -'ROVALS ARTICLE XXI CONDEMNATION Duration Right to Modify, Amend or Extend ' ~ DEDirTION • ' I . ARTICLE XXII MECHANICS ' LIENS I Terminate, ARTICLE XXIII MUTUALITY, RECIPROCITY: RUNS WITH LAND Section ~3.1 Dominant and Servient Estates PAGE 74 74 75 76 76 76 79 80 84 84 84 Section 23.2 covenants Run With Land 85 ! Section 23.3 Assumption by Grantees and Rel~ase of Granters 85 ARTICLE XXIV • ,. Section 23 .4 Spe~ial Provisions as: to Mort- gages and Sales and Leasebacks Section 23.5 Racial Covenants ENFORCEMENT OF CITY LF.ASES Section 24.1 Section 24.2 Agency Enforcement No '.L'ermination ARTICLE XXV CORRECTION OF SIT~ DESCRIPTIONS AND EASEMENT DESCRIP'l'IONS ARTICLE XXVI TAXES AND ASSESSMENTS -ARTl~LE XXVII MERCHANTS' ASSOCIATION Section 27.1 Section 27.2 Section 27.3 Membership Developer Oc6upant ARTICLE XXVIII COUNTERPARTS ~ I ARTICLE XXIX PARCELS K AND L ; ARTICLE XXX ARTICLE XXXI ,1\RTICLE XXXII DEFAULT UNDER DISPOSITION AGREF..MENT PnOJECT SIGN TRUST'S LIMITED LIABILI'l'Y 87 90 92 92 92 93 :-; 5 95 95 96 96 96 97 97 98 Md l -L------·----,_ 17.c Packet Pg. 696 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ii -... -'"' - - - - f 1 ___ "'!1,.,.1, ... , ____ ,,... ___ ... , ... ,,,.,-~ .............. _ _.. __ ......... ______ """ ____ ,.. ____ ..-,i!•----------· .. ----- 11 R.10-21-70 BQOK{580 ,GE286 R.11-4-70 C's ~} EXHIBITS A B-1 B-2 B-3 B-4 B-5 C D E F G H I ·--~ ------ ' i Project Map 'r-j Lega.i Description· of Penney Parcels Legal • • • Descr ipt 1\>n of Developer Parcels • Legal Description of Agency l'arcels Legal Description of Monwzr Parcels Le9al Desc:...:-iption of Harris Parcels Sign Criteria Plot Plan Standards of Maintenance Rules ar.d Regulations Wards Letter owner Participation Forms Pylon Sign Location ,, • vii I I I I I i _j_ __ t 't ,_; ,, 17.c Packet Pg. 697 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ~ -,_ .l _____ , ________ i -~-----+----=-I :..-JL-. _J F f' BOOK 7580 P E287 l --•· __.! - I .. L .. ----·---------- 6-9-70 R.8-31-70 i ,. . . I DECIARATION OF RESTRICTIONS, CONSTRUCTION, OPERATION, RESTRICTlON AND EASfil•ENT AG.JIBEMEN'r_ THIS DECIARATION (h~reinafter IIREA_ 11 ") is made as of the;7:f ..... ·--------------- day (A) ' ' (C) (D} (E) of.,A1'~, 1970, by and between: THE REDEVELOPM!NT AGENCY OF THE CITY OF SAN BERNARDINO... CALIFORNIA ( "Agency II' ; -• • J. JOHN S. GRIFFI'l'H & co. I a corporation, and CURC:-TURNER co., a partnership, joint ven- turers under City Company J. c. PENNEY C ("Penney") ; MONWAR PROPERTY ( "Monwar") ; name and style of central. eveloper"); INC., a corporation ' ' CORPORATION, a corporation • , THE HARRIS COMPANY. a corporation ("Harris"); (F) CITl OF SAN BERNARDINO, California, a mun- icipal corporation (''City''); (G) UPHAM DEVELOPMENT CCMPANY, a 'I'exas limit<:!d partnership ("Upham"); and (H) CONNECTICUT GENERAL MORTGAGE AND REALTY INVEST- MENTS, a Massachusetts business trust ("Trust") . -1- \ I ' --------·••-· -_,."H ,,;,1, l _Ji 17.c Packet Pg. 698 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ..... - ..... - -- - R.8-31-70 R-9-28-70 R E C I T A L S · --·------ BOOK 758() PAGE 288 A. This Agreement (hereinafter for convenience "REA") relates to a redevelopment project undertaken by Agency desig- nated as "Central City Project Area No. 1, calil.R-79" in the City of San Bernardino, California (hereinafter called the "Pro- ject") pursuant to a Redevelopment Plan adopted by city on .Peb- ruary 23, 1965,, by Ordinance No. 2649 as amended (said Redevelop- ment Plan as amended being by this reference incorpcrated hE,rein. and made a part hereof). The real property upon which the Project is to be undertaken is hereinafter and "Shopping Center." ' sometimes called "Project Arer " B. The Community Redevelopment Law of the State of California provides that adequate sa::eguards shall be imposE!d so that the work of redevelopment will be carried out pur.sua.nt to the official Reaevelopment Plan for each particular project and provides for the retention of controls and the establish- ment of restrictions and covenants running with the lands sc,ld or leased for private use. C. 1''or the purpose of providing adequate safeguards that the work of redevelopment will be carried out pursuant to . I the Redevelopment Plan for tte Project, and to insure the bHst use and the most appropriate development and improvement of ea h building site thereof; to (i:otect the owne!:'$ of building sites against lmproper use of su:i::-roundinq building sites; to proteict against depreciation in value of property in the Project Are?a: to preserve, insofar as pral::ticable, the aesthetic development -2- • 17.c Packet Pg. 699 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -Cr , __ ..,.., _______________________ ___., .. ~ .... !!Jt ..... ~ :: BOOK 7581) PAGE 289 ' -- " - . --· --------------~-- in the Project Area; to guard against the erection of poorly · designed or proportioned structures; to insure the highest and best development of said.property; to encourage and secure the erection of attractive structures the,reon, with appropriate location of such structures on building sites; to prevent inharmonious improvement of building sites; to secure and main- tain proper and safe setbacks from streets; to providl · free space between structures; and in general to provide an adequate plan for safeg,.:.~:::-ding the wov•k of redevelopment in maintaining a l.i9h quality of improvements on said property, thereby enhancing th value of investments made by purchasers of building sites ther in, ; the Parties (as hereinaft..er defined) heret:o are desirous of su jecting the real property hereinafter described to the covenan conditions, restricti~ns, rights, reservations, easements, lie and charges hereinafter s~t forth, each and all of whkh is an are for the benefit of all property within the Project, and fa each owner thereof, and shall inure to the benefit of all of I s~ch property in the Project Area; and for each owner thereof, and pass with said property and each and Elvery parcel thereof,'' J and shall, subject to the provisions, apply to and bind the 'I' successors in interest and any owner thereof. . " t NOW, THEREFORE, Parties hereby declare that the real. property described and referred to in Article II hereof ls and shalJ be held, transferred, sold and -conVElyed subject to the covenants, conditions, restrictions, rights, reservations, easements, liens and charges hereinafter set forth. -3- ~••~••s• -•---- I ------...___, __ 17.c Packet Pg. 700 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -, · '·--• -.--.'-· ---------= ,~ .e, I • .. -- R.8-31-70 R. 9-28-70 ARTICLE I DEFINITIONS Section 1.1 Project Area Boor-75E:o · GE290 ~ The Project Area is comprised of the following parcels, of real property ( 11 Parcels 1 ') shown un the :site plan of the Pro•- ject Area attached he:,:eto as Exhibit A and by this reference, rnade a part hereof,. being th,:!reon labeled and hereinafter ca.lled Parcels A, B, C, D-l, D-2, E, F, G, H, J, Ma, Mb, N and 0; the "Agency Parking Parcel" (h0reinafter defined); and the "Agency Mall Parcel" (hereinafter oefined). Section 1.2 Penney Parcels Upham is the owner of Parcels c and N and will own the building improvements thereon and Penney is the lessee thereof. Such Parcels are described in Exhibit B-1, and are hereinnft:er called ''Penney Parcels.'' s~ction 1.3 Developer Parcels The Trust is the owner of Parcels B, D-1, D-2, E, F, G, Hand J, and Developer is the ground lessee of the fee thereof and will own the building improvements thereon. Said Parcels are described in Exhibit B-2 and are hereinafter called "Devel- oper Parcels." Section 1.4 A~ncy Parcels Agency is the owner pf the Agency Parking Parcel and the t ;\g~ncy Mall Parcel and owns and will own the irc,provernents thereon, and City is the lessee thereof pursuant to lease agreements eact1 dated June 10, 1968 (hereinafter called_"City Leases"). Said Parcels ar, Art.I-§1.1 to §l.4 -4- I • ·--·------------__ J __ ~-- 17.c Packet Pg. 701 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ~r 1-· -,_..:J _______________ .....,;._ _____ B_OOK-7-58_0_P.A--:GE 91 - - - -- R.8-31-70 R. 10-21-70 described in Exhibit B-3 and are hereinafteir collectively called "Agency Parcels," or severally called "Agency Park:.ng Parcel" or"Agency Mall Parcel." Section 1.5 Monwar Parcels Monwar is the owner ·>f Parcels A and o and will own 1.:he improvements thereon. Such Parcels are des:crilied. in Exhibit B-4 and are hereinafter called "Monwar r,arceJs." Section 1.6 Harris Parcels Harris is the owner of Parcels Ma a.nd Mb and owns and will own the improvements thereon. Said Parcels are described in Exhibit B-5 and are hereinafter called ''Harris Parcels.'· Section 1.7 ~ccupan~ The term "Occ 1.1pant:" sha.l 1 refer to each of the Parties (as such term is hereinafter defined), and any Person or Persons from time to time entitled to the use and e>ccupancy of "Floor Area'' under any lease, license or concessie>n agreement, or othe instr11ment or arrangement whereunder each Occupant acquires his or its status as such. Sect.ion 1.8 Party The term 11 Party" shaJl mean the Person(s) who at the time in question is(are) the owner(s) of the Pv)'."cel(s) in ques- tion e .. cept as is otherwise ~rovided in subparagraphs 1, 2, 3 and 4 of his Section 1.8. I The exceptions to a Pcrson(s)·becoming a Party by ei~s0~ of any tranc;fer or conveyance oi the Wti:"1 1_(:: or any part of th•:-' interest of any Party in and to such Party's Parcel(s) are a:; follows: § 1. 5-§ 1.8 -5- ' , ,. .. . . ' .. ;.. ,.,,., . l , --~--... ' . 17.c Packet Pg. 702 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ~ ! i·. ___ ,... ______ ___, _____ _ -;_• - .. !., :!. . :entrt -- R. 9-28-70 R.10-21-70 R.10-27-70 ( BOOK 7580 PAGE 292 § 1.8 1. While and so long as the transferring Party retains the entir•= possessory interc ·t in t:1e Paree· (s) or portions the~eof so conveyed under the i~rms of~ deed of trust or mortgage, :i,, , 1hich event the Party ' owning st.ch possessory inter.est shall have 1:he status ' of Party. 2. The transfer •_)r convey,nce :s followed immed- ' iately by a leaseback cf the same Parcel{s) or portion I thereof by such Partv, or ar, affiliate theL...;Of (a "sal~ ... and leaseback''), in which event only the lessee thereof snall have the status of Party so long as the lease in r-1estion has not expired or been ter;nina ted. This sub-· par-1graph 2 applies to Develorer herein named at tr1c time of execution hereof as respects fee title tn i.11c Devel~per Parcels. 3. The transfer or conve~ance is by way o lease, othe ·· than as provided in s ,.1bparagraph 2 above, · n which event only the lessor thereof shall have-the st·atus of Party" For ail purposes of this REA Penney has the status of a Par- ty as respects the Penney Parcels so long as Pf .iney lea1;es the same from Upham; provided. hoWCc!Ver, L11at s. from Upham shall bo terminated, whethe::r dur ,, t· ,1e primary term er any extension thereof, then and in c ,L event, Upham, as a11d while a Party hereto, :hall have the ,gnL 1_u en:orce any and all covenants under th.is RF.A that Penne~, couJ ,-, have enforced had such lease not been terminated. 4. The Person acquires b 1 sucb tran~;fcr -,r convey- ance: -6- ~ ... ,.,, _:_ ', ,,'· • • (. ·.' 4 •• • ~-"!' ,;·, ' .. 17.c Packet Pg. 703 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r .. J , . J ll -• §1.8 -- I -----=•---' ·-----------------= ·-· P,QQK 7580 PAG 93 ( (a) Less than all of a Party's Parcsl(s): or (b) An undivided interest, such as th·t of joint tenant or tenant in co'l'ijmon, in such Party's Parcel(s), or as partner or joint ventu:~er in such Party's inter•- est in its Parcel(s). In tho circumstances described in this s11bparagrar.•h 4, the Persons holding all of the interests in such Par- -:~l (s) ,:tre to be jointly considered a single Party. In . '.:der that other Parties shall not be required w· · :1 resp,:!ct to said Parcel(s) to obtain the action or agre8ment of, or to proceed against mo1:e than one Person in carrying out or enforcii1g the terms, covenants, provisions and condition:;; of this REA, then in the circumstances described in subparagraph 4(a) above 1 the Persons holding the inter- est of the Party in and to not less than 70% of said Parcel(s) in question, a~d in the circumstances des- cribed in subparagraph 4(b) above, Persons holding not less than 70"/o in interest in such Party, or the holders of undivided interests totaling not less then 70"/o of the entire estate in and to said Parcel(s) in question, shall designate one of (heir numhei: as such "Party's Agent" to act on behalf of all such Persons. -7- -M•~,• "''""~"'' ~,,,~,;)11 h ,,_ • l I I t ' ' ' . t , __ _a. ____ , ___ , 17.c Packet Pg. 704 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -•• - - 11 I r . .._ __ .,,., _______ ~----------------'4 \: r~OOK 7580 PA1JE234 R.8--31-70 ( ' . §1.8 ·• ~ If any Parcel(s) is owned by Persons owninq an undi- vided interest therein under ~ny form of joint or com- mon ownership, then 1-n the determination of such 700/4 r interest each such shall be deemed to . o~Jner of such undivided interest :I • represent a percentage in interest of the whole of such ownership equal to his fractional interest in such Parcel(s). Any int~rest owned by any Person who is a minor or is otherwise suffering under any legal disability shall be disregarded in the mak- ing of such designation unless there is at such time a duly appointed guardian or other legal representative fully empowered to act on behalf of such Person. In the absence of such written designation, the acts of the Party whose interest is so dividP.d oi held in undivided interests (whether or not he retains any interest in the Parcel(s) in question) shall be bind- ing upon all Persons having an interest in said Par- cel(s) in question, until such time as written notice of such designation is given and recorde~ in the office of the County Recorder 9f San Bernardino County, and a cop thereof is served upon each of the other Parties by registered or certified;mail: provided, however, in I ' the following instances ·all of the other Parties, act- ing jointly, or in the failure of such joint action, ar~y other Party at any time may make such designation of thE! Party's Agent: -8- • ' • I .j I \ ',•,,1 lllllf"'h-M: II_ ·-------, ___ _ rl 11'· I. 17.c Packet Pg. 705 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ""' #:1._.,..i.J _____ __.___ ----~-----~ fl ._ I 1 i l ' ,, §l .8 BOOK 7580 i~AGE295 ) (i) If at any time after any designation of ,,, a Party's Agent, in accordance with the provisions of this subparagraph 4, there shall for any reason be no duly designated, Party's Agent .:.Jf whose appoint-· ment all other Parties have been notified as herein provided, or (ii) If a Party's Agent has not been so desig- nated and such notice has not been given thirt:.y (30) days after any other Patty shall become aware of any change in the ownership of any Parcel(s), or (iii} If the designation of such Party's Agent earlier than the expiration of such thirty (30) day period shall be reasonably necessary to enable any other Party to comply with any of its ob:'._igations under this REA. or to take ar.y other action which may be necessary t0 carry out the purposes of this REA. The exercise of any powers and rights of a Party under this REA by such Party's Agent shall be binding upon ali. Persons having an intere.st in any such Parcel (s) owned by - such Party. Such Party'.s Agent shall, so long as such designation remains in effect, be a Party hereunder, and the remaining Persons owning such Parcel (s) sha:!.1 be deemed not to be Parties. The other Parties shall have the right to deal with and rely upon the acts or omis- sions of such Party's Agent in the performance of this -9- ' • --~ 17.c Packet Pg. 706 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -r 1---. 1 -A,,...'----·-------------------------BO-OK--, S-8-0w-f'AG-E2_9_. 6--- .iii .iii §l .8 j / RF.A; but such designation shall not, however, relieve any Person from the obligations create:d by this REA. · Any Person designated a Party's Agent pursuant to the? provisions of this subparagraph 4 shall be the agent of his principals, upo.1 whom service of any process, writ, summons, order or other mandate of any nature, of any court in any ~ction, suit or proceeding arising out of this REA, or any demand ior arbitration. may be made, and service upon such Party's Agent shall constitute due and proper service of any such matter upon his principal. Until a s,1ccessor Party's Agent has been a}?pointed and notice of such appointm~nt has been given pursuant to the provisions of this subparagraph 4, the designation of a Party's Agent shall remain irrevocabl~. Upon any transfer or conveyance, which transfer or conveyance would create ,a new Party pursuant to the terms hereof, then the powers; rights and interest herein con- ferred upon such new Par:ty witr respect to the Parcel(s) so conveyed, shall be qeemed assigned, transferred or. . . . conveyed to such transferee or grantee., and the obli gations herein conferred upon such new Party shall be deemed assumeid by such transferee or. grantee with respect r~ •.,' to the Parcel(s) so acquired. -1.0- • ---·-------------------·- 17.c Packet Pg. 707 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -, R.11-4-7~ BOOK 7580 PAGE 297 Section 1.9 Persons The word "Person" or "Persons" shall mean and include. individilals, partnerships, firms, associations and corporations, or any other form of business entity. Section 1.10 -__..;..----~-Permit tees The term "'Permitt.ees" shall refer to all Occupants and all customers, employees and other business invitees of Occu- pants. Secti£_n 1. 1~ Parking Area The 11 Parkin9 ~a.rage" and all "Common Areas" used for the parking of motor vehicles, including incidental and inter-· ior roadways, walkways, curbs and landscaping with in areas u.s,,d £or parking of motor vehicles, together with all improvements which at any time a:ce erectec.1 thereon {and which are subject to the provisions of Article V), shall be referred to as "]?ark- ing Area." The Parking Area shall not inc~.ude truck ):'amp,--; or truc'k loading or truck delivery areas. Section 1.12 Common Areas All areas within the Project Area which are subject to nonexclusive use as hereinafter provided for in paragraphs A, B and C of Section 5 .1, shall be referred to as "common Ari:!as .. " Such areas shall include Parki'ng Area r d ,k , oa ways, wak ways, "Ma 11 s, " landscaped areas, and all other similar facilities provided fc>r the convenience of Perinittees. Common Areas shall not include §l.9to§l.12 -1.1- ---~----~----ma-. ----;.:_-\ -----·------------· -------~-···--·- 1i" -- --------'""' 17.c Packet Pg. 708 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - -,,_ .II -~' --------~----,.---------------·-" -"1 BGOK 7580 PAGE 298 R. 8-31-70 R. 9-28-70 R.10-21-70 buildings, areas or facilitias which are constructed and used for commercial use as provided in this REA. Section 1.1? Improvement Plans • t Plans and specifications prepared for the development of the Project Area or portions thereof as more particularly set forth in Article VII of th.i.s REA, shall be referred to as "Improvem-ent Plans." i Section 1.14 ~ject Architect The "Project Architect,11 Gruen Associates, Inc. of Los . Angeles, California, sball frepare Improvement Plans for the devel- opment of the portion of the Common Areas (including the Parking Garage) located withi' the A<;ency Parcels not heretofore a~signed; shall review, coordinate and approve any design performed pursunnt to the la,1;1t sentence of this Section; and shall perform such other ,,.., architectural or administrative services for the Parties as are pro- vided :for herein, or may be otherwise mutually agreed upon. •rhe Parties, acting unanimously, shall have the right from time to time to designate and redesignate the Project Architect. Nothing l1erein contained shall be deemed to preclude the selection by City or Agency of an architect to design th-? improvements required to be constructed by it under this REA. Section 1.15 Malls ------- The Agency Mall Parc~l (both enclosed and open portior1s there- of) and the portions of Developer Parcels constructed as part of the "Enclosed Mall" are hereinafter referred to as "Malls" and arE? pa~t of the Common Areas. It is sper;:ifically understood and agreed that term "Malls" as used in this F<.ZA includes the pedestriar. brid~re c necting the Enclosed Mall with the public areas on the East "E" Street as shown on Exhihit A; and that all of the duti•:!S a1nd e f li- gations of Agency and/or City .pursuant to this REA with rr.-;spect to the §1.13 to§l.15 -12- _, --'------""--"''" ~~-=----'=--~ -•-·-~~,,,_ ' ---~------. -------· ' ., 17.c Packet Pg. 709 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) , ~c~'~---•1o',_·_.IL.·• __ ·_, ----•-_.,,.., •---' 0 1" ... : -----------------..... 111:a----------------•·-·--_·--·_~_--·-_·.~. ---1 - • I i 1 I i R.8-31-70 R. 9-28-70 (-) ) BOOK 7580 PAGE 299 • t construction, management, ma1.nter..ance arid operation of Comm,:,n J,reas (including Malls) shall be equally applicable to such pedestrian bridge, subject, however, to the provisions of Section 6.5. Section 1.16 Floor Ar.ea Separately, with respect to each 'building at any ti:me erected in the Project Area, the term "Floor Area" shall refer to the actual number· of square feet of floor space with:Ln the exterior faces of exterior walls (e:x;cept party and interic,r walls as to which the center thereof instead of the exterior faces thereof shall be used) of all floors, basements and sid•E!-. walk subspaces, or parts thereof, and no deduction or exclusi,:>n therefrom shall be made for any space occupied by or used for col·"ms, stairs, elevators, escalators or other interior con- struction or equipment; provided, however, there shall not be included in Floor Area, or there shall be excluded therefrom, as the case may be, all space in: (i) exterior balconies, (ii) stock mezzanines, (iii) sub-basement, (iv) F1enthouses, vaults, rooms or other structures to house mechanical 0r electrical equipment, (v) loading docks and other facilities outside of exterior walls, (vi) fire-exit stairways and corridors, (vii) service and delivery facilities used by more than one Occupant, (viii) public restroom facilitieE' not locatec:t" within the prem- ises of an Occupant and (ix) Developer's Pro:ject management: office (not to exceed 2, 000 square feet _of fJLoor spac(•) . Section J..17 Parking Garage Th( multi-level vehicular parking facility to be construc- ted by Agency on a portion of Agency Parking Parcel as sho•111n both in plan and in cross-sectio\ on Exhibit D. Section 1.18 Park\ng Index ' The term "Parking Index" shall refer to the ratio :>f the number of striped rrotor vel''icle parking spaces in the Parking Area to the number of :a:uare feet of Floor Area 'Ln the Project Area. § 1 . 16 to § J.. 18 -13- 1 I I • l j l I < -,~---···=---•.•--·--------······-~~------,-------------=-=====·--======----· -. 17.c Packet Pg. 710 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. I \ .... ~.--- BOOK 75·ao PAGE :300 Section 1.19 Required Parking Inde~ The term "Required Parking Index" shall refer to c;1 Parking Index of 3.5 per 1,000 square feet of the Floor Ar1~a referred to in the preceding Section 1.18. Section 1.20 Unavoidable Delays The term "unavoidable delays" shall refer to delays occasioned by the circumstances described in Section 14.:i hereof. Section 1.21 _,_c;.._..;___....;__ Common Building Compo~~ The term ••common Building Component•• shall refer tc:> a construction component used ~n common by two or more Parti,~s. Section 1.22 The term "Main Ma.in f tore Building Store1 Building'' shall refer, respcctiVE!ly, to the building on Penney Parcel C, to the building on Monwar Par-• eel A, and to the building on Harris Parcels Ma and Mb. Section 1.23 TBA The Term "TBA" shall refEir, in the case of Penney, to the building on Penney Parcel N and shall refer, in the case of 4 Monwar., to the building on Monwar Parcel 0 . Section 1.24 Store I The terms "Store" Z!nd "Stores" shal:~ refer to the building improvements of Pennr.y, Monwar, Harris and/or Developer as the con- text may require, and shall include any TBA u-:-iless specifically excluded. Section 1.24 Department Sto=e P2rties The term "Department Store Parties" shall refer to Penney, Monwar (as the Party required to cause performance of certain obliga- tions hereunder by Montgomery Ward & c,,., Incorporated) and Harris. Section 1.26 Enclosed Mall The term ''Enclosed Mall'' shall rer~~ to the encloE1ed portion of Agency Mall Parcel and tc those portions of Developer Parcels • §1.19 t.o §1.26 -14- ! .... ., --: • • If, • ' • ' - 17.c Packet Pg. 711 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --. I~----'-----·-----,. .. ., ----------------------------------= J I. . - - • -- R.8-31-70 R. 9-28-70 { J ', BOOK 7580 PAGE 3d1 contiguous thereto which ar,,, improved as roofed and lighted pedes- ;; v t?:"ian malls wherein climati3 control is maintained by mechanical means and which are designated on Exhitit Das "Enclosed Mall." Section 1.27 Terms The terms "Developer", "City", "Agency", "Penney", ".Mon r" and "Harris", respectively, as used in this REA, shall, so fa;r the 4:erms, covenants, provisions and condi_tions of this REA to be kept, performed and observed by Developer, City, Agency, Penney, . Monwar and Harris, are concerned, mean and refer only to the Person who at the time in question is the Party with respect to the Developer Parcels, the Agency Parcels and the Penney, Monwar or Harris Parcels, as the case may be appropriate, it being agreed and understood that such terms, covenants and co::iditions shall be bind- ing upon Developer, City, Agency, Penney, Monwar and Harris, and their respective successors and assigns only during and in rE!Spect of its or their respective successive periods in which each re- spectively is a Party. Notwithstanding the foregoing, it is ex- pressly understood and agreed that the requirements of Articles IX- f X and XI respecting construction shall be and remain the reSflective covenants ot Developer, City,-Agency, Penney,·Mo~war and Harris, as therein set forth, and shall be covenants running with the land, 1.n addition to being personal ccivenanti:-of _such Part;.:s. The ce>v~nant on the part of Penney, Monwar (as respects its covenant to cause Montgomery Ward & Co., Incorporated to operate) and Harris to do business is and shall remain a personal covenant of ec:ch s11ch re- spective signatory, and their successors by means of merger or con- solidation, but shall not mean any·other person who shall acquire the interest of sur,h Party in its respective Parcel. §1.27 -15- "' -1 . ' ==.::...:.---======-~=====-=·~··=·===·· ======·=--=· ··=-···=·-·=· =·· ===============~=-··=--··:-· :-::-:--:--:."· .. ---------1,_ ,_ --·--------- 17.c Packet Pg. 712 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - • R. 9-28-70 R.10-5-70 R.10-21-70 ( ) Monwar covenants and agrees that Mor,war will cause its parent corporation, Montgomery Ward & Co., Incorporated, to execute and deliver to the other Department Store Parties and Developer concurrently hc,rewith for their c.cceptance a 1,~tter agreement in the form attached hereto as Exhibit G and by this reference made a part hereof. Section 1.28 Mortgagee As used in this REA the term "Mortgagee" shall :Lnclude a mortgagee, the trustee unc.,--:-any deed of trust, an,j to the extent applicable, and as hereinafter provided, ~hall includ•2! a fee owner of any Parcel whi~h is the subject of a sale and lease- back transaction. ARTICLE II PROPERTY SUBJECT TO DECIARATION The real property which is and shall be held and shall be conveyed, transferred and sold subject to the covenan·::.s, conditions, restrictions, rights, reservations, easement.~, liens and cnarges with respect to the various portions t·hereof as set forth in the various Articles, Sections, paragraphs ana subparagraphs of this REA, is particularly described in Exhibits B-1 to B-5 inclusive, attached hereto . §1. 28 Art.II -lS(a)- ---------·---=· ~=~-~------ ------------- ...;;;,;;;;;::::::;:;::::;;:----•--·------··---~ -· 17.c Packet Pg. 713 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = -- rL_ . ..J,...,---------------------,---r-----.......- t 4 i: ' R. 9-28-70 k. ~0-5-70 R.11-4-70 R.11-19-70 Se.:::tion 3.1 ARTICLE III OPERATIONS AND USES General Use No part nor all of the Project Area shall be used and no building nor other improvements shall be thereon con-· st..ructed, maintained or used for any purpose other than those commercial or business purposes expressly provided for in this JUiA, and uses directly incidental thereto, a.nd except as pro- vided in Paragrapn 4b of t!le City Lease of the Enclosed Mall which states as follows: "b. City agrees that the use of the leased premises shall be restricted to uses consis- tent with the purposes specified in subpara- graph a. of this Paragraph, provided, however, that City shall be allowed to use the leased premises for appropriate civic uses, s:1bject to approval of Agency, which approval shall not be unreasonably withheld.'' Section 3.2 Parking Area The Parking Area will not be used for any purpose other than the following: Art.III-§3.1,§3.2 -15 (b)- rm:m 17.c Packet Pg. 714 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) :,IL--..i~'------------------------------------, •• :: - ... - - R.9-28-70 ) BOOK 75801 PAGE' 304 A. The surface of the Parking Area will not be used for any purpose other than: (1) The parking of vehicles and directly incidental purposes; (2) The purpose provided for in this Section and Section 3.3; and (3) Pedestrian movement, vehicular traffic, truck traffic and truck loading and unloading operations with respect to the businesses operated i:1 ,_. 1oor Area in the Project Area. B. No buildings, fl:tructures or improvements shal 1 be constructed on or above the surface of the Parking Area other than: t . . (1) Parking facilities (including the Parking Garage) and directly ~ncidental facilities; (2) Traffic and fedestrian directional signs; (3) Decorative improvements and landscaping incidental to the above; and (4) :::,uL:i1 other signs as iu the opinion of coun- sel for any Party shall be necessary to prevent a dedication of or the accrual of any adverse rights in or to any part of the Parking Area. c. Any improvements constructed below the surface of the Parking Area: §3.2 A,B,C -16- . _______ ,. ____ ..... -......---~·~- 17.c Packet Pg. 715 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -~IL,.....-L------------~---------,-' ~. t ,.,~. , • e ·. 7~ :a::-·· t ,, ; -it I ! !, ,. / R. 9-28-70 R.11-4-70 () \ ' ) BOOK 7580 PAGE 305 t (1) Will be constructed, maintained and operated pursuant to law: (21 Will have necessa~y entrances and exits on the surface of the Parking Area for pedestrian traf- fic and,if used for parking, for vehicular traffic: (3) Will (except during and only to the extent of actual and necessary excavation and construction) not unreasonably interfere with surface parking on the surface of the Parking A1:ea. Section 3·_3 Common Are~ The Parties ::;hall,cooperate with each other with respect to the uses, operation and maintenance of the Corr..:-..0n Areas (but nothing herein sh.all be construed to vary, augment or ciminish the rights and obligations of the Parties with respect to ::;uch use, operation and maintenance as specifically elsewhere s,et ' forth in the REA). Commercial use of the Common Areas shall not be permj_tted. The Common Areas will not be used for purposes other than the following: A. I The surface of the Common Areas will not be used for any purpose other than: (1) The use of pedestrians, pedestrian traffic, and directly incidental purposes; (2) The purposes provided for in this Section,and in Section 3.2. B. No buildings, structures or improvements shall be constructed on or above the surface of the Common Areas otlu:!r than: §3.3-A,B ... -17- ""{;;'.:' l fl • l I ' ' 17.c Packet Pg. 716 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ----------~-----------~-------~------- _, ,~--.~1------------------------~-------------- 1 +· ' ~' I = R.8-31-70 ( R.9-28-70 R.11-4-70 BOOK 7580 f'AGE30B (1) Accommodation facilities, Malls, pee?~t~ian bridges, and facilities directly incidental thereto: (2) Pedestrian directional signs; (:5) Decorative improvements and landscaping inci- dental to the above; (4) Facilities incidental to and commonly found in connect.ion with an enclosed mall shopping center devP.lopment and used in similar modern, attractive first-class, retail shopping centers: and (5) The purposes providec!. for in this Section, and in Section J.2 and Section 3.4. C. Any improvements constructed nelow the surface of the Common Areas: (1) ' Will be constructed, maintained and operated pursuant to law: (2) Will (except during and only t,, the extent of actual and necessary excavbtion 2nd construction) not unreasonably interfere with pcde::;trian traffic on the surface of the Common Areas. Section 3.4 Restrictions on Uses A. Not more than ten percent (10"/o) of the F'loc,r f Area on Developer Parcels shall be operated, used and/or n,-. in- tained as {or for use as) retail service facilities {facil-- ities for the sa]_e of services). §3. 3-C §3 .4-A -18- ---·--·--------- 17.c Packet Pg. 717 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) 11-.....,_..., _____________ , _____________ ;;._ _______ --~~~.---------~-~:--_-:_·_· -.... ---_~ __ ; •~-~~ -r-. ~ ,, r~ f ··-------- R-8-31-70 R-9-14-70 R. 9-28-7C R.10-5-70 r~OOK 7580 r~GE307 B. Ne:i.the:r the Project Area nor any part thereo:E shall be used, and no building or other improvement shall be thereon constructed, maintained or used for any purpose other than the following: Retail, office and service establishments, includ-- ing, without limitation, financial institutions, brokerage offices, T.Jstaurants, automotive service t.ation;:;, travel and other agencies, but cxcludin9 aut ,.1obile body and fender r:epair work, automutiv~~ :-:iles dtsplay area, r0wJing alley, car washing establishment, veterinary hospital, mortuary, com-• merrial laundry plant· and similar service establish·· ments unless specifically approved i, ,Jriting by the Parties. Office 11 se shall not ir1 -:lude a building used primarily fo~ general office purpo~cs. Any skat- ing rink shall be subject to appro,,al a3 to location by all of lhe Parties. Se~tion 3.5 Permitti?d Uses Exc"""'~Jt as otherwise prohibited by this REA, any part and/or all of the ;_'reject Area may be used for any commercial or business operation, use or purpose which is expressly authorized herein and which is not prohibited by tnis REA or. by law. ' . - §3 .4-B -19- §. C: t .J ... ) ,---~--------,_,~-------------------- i',, 17.c Packet Pg. 718 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .,; ] , 1 • L._. ' _.,J~ ~r___,_ ...... --------~------,- • - .. 1 .. ' " -J .. . . , . i , ,I R.8-31-70 R. 9-~8-70 -( ) Section 3.6 r,,r •K 758() p~r ~ 108 character of Devalopment Developer covenants and agrees that, when Jmp.:.etec:i, the ject i\reia will constitute a first-class, two-lr·vE~l, :~d r1:1ll 0- re9 ional shopping center anchored with at ledst t+ · -:,e (3) department stor"'s anu will have a mix and balance of occupants compar"ble to that of similar such regional shopping •~enl .J..-s in _he .:;t_ate of californic1. Section 1.7 Prohibited Operations and Nai~?Jnces No use or operation will be made, conducted or permitted on or with respect to all or any part of the Project Are~, which use or operation is obnoxious to or out f harmony · J.th ~he develop:nent or operation of a first-class shopping center, inc.1uding (b,, · not l).11L.Lted to) the f.,llowing: A. Any publLc or private D isance. B. Any noise or so· -'. • ·,, t is objectionable due 1 ,, int -•r- rnittence, beat, frequency, shrillness or loudness. c. ). E F. §3.6 §3.7-A to F Any obnoxious odor. Any noxious, toxic, caustic or corrosive fuel or gas. An,r dust, dirt or fly ash in excessive quant :ice,. Any unt:.sual fire, explosion or other damaging O"' -2J- ---.. ... ,,~ ., -, 17.c Packet Pg. 719 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) "~rL-· ... ~! " - -· ,. ----·~-------_.... _______________ --'I~ 7 ~ a R.8-31-70 R. 9-28-70 \) BCIOK 7580 PAGE :309 i ' 13. Any warehouse (but any area for the storage of intended to be sold at any retail "Stablishment in the Proje,::t ' ,. Area shall not be deemed to be a warehouse), asscwly, rnanufac-1 ture, distillation, refining, smelting, agriculture or mining operations. H. Any trailer court, labor camp, junk yard, stock yard or animal :r;aising (othE)r than pet shop). I. Any drilling for and/or remova.l of subsurface bU.b- stances except for below-surface enLry operations at least 500 feet below the surface. J. Any dumping ' or disposal of garbage or refuse. K. Any fi: .. :e or bankruptcy sale or auction house opi::r- ation (except as may be conducted ~1rsuant to Court order). L. Ther0 shall be no kiosks on any portion of the Pro- ' ject Area without the consent of all of the Parties hereto, or other sales permitted outside of any Floor Area. ARTICLE IV ~GULATION OF IMPROVEMENTS Section 4.1 Minimum Parking Requir~nts No building or other improvement containing Floor Area shall be constructed in the P-roj ect Area unless and until pro-- vision is made for the construction and maintenance of -adequate Parking Area within the Project Area so as to provide at least the Required Parking Index for the Pioor Area to be contained in the Project Area up-:>n the completion of construction of such Floor Area. §3. 7-G to L Art.IV_§4.l -21- I .• , -----·-"-·-----------· J I; 17.c Packet Pg. 720 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -f '---,rf'--' ----- ~ -. •• - ' R.8-31-70 R. 9-?8-70 ' , Se~tion 4.2 Building Lines r~oOK 7580 PAGE 310 A. Ne> buildingJ structur~ or improvement of any kind shall be constructed, in!talled or maintained above the surfj1ce of the ground area lying outride of the building area lines indi- ~ cated on Exhibit A. B. The following buildings and improvements are sp(:!C- ifically excluded from the aforementioned provisions: (a) The Parking Area and Common Areas, includ- ing lighting facilities incidental theretc. (b) Roof overhangs, n1arquees and decorative protrusions from such building~ and/or improvements, truck ramps, loading facilities, pedestrian bridges, signs and landsc~ping all as permitted here~nder. Sect.ion 4.3 Partial Construction Any building and/or improver::ient shall be diligently pro- secuted to completion after the cornmencement of construction thereof, unavoidable delays excepted. Section 4.4 Excavation No excavation or unusual earth-moving operations shall be made except in connection with construction of buildings and improvements in t!'le Project Area and for the installation and maintenance of utilities. Such operati·ons shall be diligently prosecuted t-:> completion (unavoidable delays excepted), and upon completion of such excavation and/or buildings or improve- ments, any exposed openings shall be back-filled and compacted §4.2-§4.4 -22- • = .. ~.,~ . .I l i 17.c Packet Pg. 721 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - - ______ .., _____ ·· ·_·-_-. __ --:,_.· ____ ,...&..,..s ... ::r ; •l R.8-31-70 R. 9-28-70 () / and the disturbed ground shr:tll be graded, leveled and appro·-· priat~ly surfaced. Section 4.5 Signs A. Sign criteria. Attached hereto and marked Exhibit Care criteria for all signs to be erected within the Project Area and no signs shall be erected in the Project Area which do not conform in all r~spects to said criteria. It is und•!'?r- stood that said criteria,·expressly excludes (except for specific provisions Department B. • thereof) the ~uildir1g identification signs of . ·' Store Par.tier,,. Approval Requjred of Non-Conformin_g_Signs. the If any Occupant shall request a sign not completEly in accord 11,ith the criteria, such sign shall not be erected without the written consent of the Parties. Any change made to any initially con- forming sign which causes the same to fail to conform to tho sign criteria, is hereby proh.'.bited, and any such changed sign shall be considered as a new installation and deviation fr.om the criteria shall similnrly require the approval of the Parties. c. Store Signs. Notwithstanding t.h,3 foregoing, the Department Store Parties may erect, use an<] mair1tain their respective customary (and, ;as to Harris, its existing, and as to Monwar, customary Wards) signs anywhere on their Main Store Buildings and, as to Penney and Monwar, its respective TBA on Parcels N and 0. §4.5-A,B,C -23-- . ~ l 17.c Packet Pg. 722 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) R. 8-31-70 R.10-21-70 R.10-27-70 Section 4.6 --~:------------------• 1••--••••--4f••z•a~;;~J f'l!QK 7580 PAGE312 Exterior Walls Exterior walls shall be constructed of types of materic>ls and have an appearance of quality at least a.s good as like buildings commonly found :.:.n modern, attractive, first-- class shopping centers. Section 4.7 ------Permitted Building Heigb.!:_~ Buildings in the Project Area may be built to heights not to exceed those established by the following schedule; pro- vided that penthouses or roof structures for the housing of elevators, stairways, tanks and fans, or similar equipment required to operate and maintain a building, anc skylights, flagpoles or similar structures may be erected above such height limit: Parcels Heitj!1t Li:nit A 44 1 -6 II above finish floor elevation of street leve.i of Enclosed Mall B 41'-0" above finish floor elevc1tion of street level of Enclosed i"1a 11 C 60 1 -0" above finish floor elcvotion of street level of Enclosed Mall D-1 and D-2 41 1 -0 11 above finish floor. elevation of street level of Enclosed Mall E 41'-0 11 above finish floor elevation of street level of Enclosed Mall F 41 '-0" above finish floor elevation of street level of Enclosed Mall G 41 '-0" above finish floor elevation of stre~t level of Enclosed Mall M 60 1 -6 11 above finish floor elevation of street level of Enclosed Mall H 20 1 -0" above average II E II Street curb eJ,.evation of 104 7. 2 O* J 19 1 -0 11 a'.ove average II E II Street curb elevation uf 1048. 40 N 30'-0" a ove finish pad elevation of 1 58.00 0 20'-0" a ove finish pad elevation of J. 60.00 ' , I *Elevations have reference tf USC&GS and City of San Bernardino bench mark -a bronze disk et in the East face of the Andresen Building at elevation 1048. 48. §4.6, §4.7 -24- 17.c Packet Pg. 723 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - • • f ·~---"--·-----------------------------------~,--,-~.~lf!llilj ~ .:, ------ R.8-31-70 ' BOOK 7580 PAGE 313 Section 4.8 Right to Alte;: Any Party shall have the right at any time and from ti.me to time to make alterations, additions and/or improve- ments which affect the structure and/or exterior of the build- ings and impr.ovements or any portion thereof, at any time and from time to time located upon or upon a part of such Party's Parcel(s) as such Party may deem desirable, including, without limitation, the right to reduce the height of any bu:i.lding or part thereof upon first complying with the following conditio;:is: A. At least sixty (60) days prior to the commencement of such work the Party proposing such work shall: (a) Give to all other Parties notice of its intention to do such work, and (b) Fur,ish to all Parties and to the Project Architect drawings and specifications for such work. B. Such work will be:: don<:! in such manner that upon the completion of such work the buildings constituting n part of such Party's property shall comply with the requirements of Sections 4.2, 4.6, 4.7 and 13.4. c. Upon completion of such work the Parking Area in the Project Area shall provide at least the Required Parking Index. ' I D. The Floor Area ,~f such building(s) shall not be in- creased, nor shall it be decreased below the minimum Floor Area~s) for such building(s) specified by this REA. i §4.B-A,B,C -25- ~-,, 17.c Packet Pg. 724 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r I.._ ___ , ... ,,:.,__ __________________ .,_ . I, , i~ • R. 8-31-70 R. 9-28--70 ( .• BOOK 7580 PAGE:]14 Such drawings and specifications shall be subject to any changes which such Party may desire to make; provided such changes shall comply with Sections 4.2, 4.6, 4.7 and 4.8, copies of all such drawings and Lpecifications covering such changes shall be furn- ished to all other Parties for information only. The construction of any work shall be done in such man- ner as will not interfere any more than reasonably necessary with the ordinary and usual conduct of the business enterprises in the Project Area. If any dispute shall. arise among the Parties as to whether or not upon the completion of such wo:.:-k the requirements of this Section will be complied with, such dispute shall be determined by arbitration as provided in this REA. Nothing herein contained shall be deemed to preclude or restrict any Party in making alterations, additions and/or improve- ments affecting the interior of its buildings or improvements. Section 4.9 Common Building Components A. Obligations of Burdened Pr~mises. Each Party owning any improvement containing i.1 burdened Common Building Component con- tained in an improvement owned in whole or in part by another Party (as owner of a benefited Common Building Component): (1) Will maintain, at its own cost ar.d expense, the burdened Common Building Component in such state of repair that it will continue to have the capacity to be so used in common by the benefited Comn1on Building Component improvorncnt. in question (subject to the provisions of (1) of paragraph I3 of this Section). §4.8-D §4. 9-A -26- 17.c Packet Pg. 725 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. • 'I . t .~---:_ • zt,,040: o ~ ·-·--------------------- R. 8-31-· 70 f~flGK 7580 PAGE 315 {2) Will not cause or permit to occur any damage, loss or injury to the owner of the benefiteo Common Building component or his tenants by or as a res~lt of any act or negligence on its part with respect to the burdened Common Building component in question, or a;;1y other portion of the improvement owned by it which contained the burdened common Building component in question (subject to the provisions of the last para- graph of Section 4.10). B. Obligations of Benefited Premises. Each Party owning any benefited improvement which utilizes any bur,jened Cor.imon Building component contained in an improvemt~nt wh1.ch is owned in whole or in part by it: (1) Will not place on the burdened Common Build- ing Component in question an_ structural burden which at the time of placement is in excess of the capacity of the burdened common Building component for such or •• will prevent the use of :{:he improvement in which the burdened common Building component is contained for its intended purposes. (2) Will not cause or permit to occur any damage, loss or injury to the improveme?nt which contains the burdened Common Building Component in question by or as a result of any act or negligence on its part with respect to the benefited Common Building Component, or any portion of the improvement owned by it which containf; §4. 9 ·B -27- ------· -··-·---~----- •i l '"··--·----~,.___ ___ ------·--.. -~---------------- 17.c Packet Pg. 726 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) . ''I -r~~_,,.,,.....----:--------------=-:-------·-----....:....- ·• ··--··-··--- R.8-31-70 () BOOK 7580 PAGE 316l the benefited Common Building Component (subject to the provisions of the last paragraph of Section 4.10). Section 4 .10 Right to Improve Property Containing Common ~ui,lding Component ' ' Nothing in Section 4. 9 :-;ill be d:c?emed to preclude any Party owning an improvement containing either a burdened Com- mon Building component or a benefited Common Building compon- ent, as the case may be, from doing or causing to be done any work (whether of repair, alteration, restoration or otherwise) with respect to any such improvement (notwit"lstanding that du:c- i.ng the course of performing such work a condition otherwise prc- hibited by the provisions of this Article may result) if: A. Providing 'I'emporary Assistance. During the course of performance of such work the Party by whom or on whose behal:t such work is being done will, at its own cost and expense, pro- vide such temporary facilities as may be necessary: (1) To perform the function performed by the Common nu:i.lding Compon"int'in question owned by the • Party performing such work, if such work being per- formed adversely affects a common Building conponent owned in whole or in part by another Party, or (2) To increase the capa~ity of, or supplement ., the burden,3d Common Building component in question to the extent necessary so that the benefited Common Build-- i:-i.g Component will not, during the course of the ' . §4.10-A -28- !_ _,_ --"---,·~=~a::.:===-==== 17.c Packet Pg. 727 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,J-----,.,-'-------------------------------·------ -.. ,, .. ·- aDOK 7580 PAGE31.7 R.8-31-70 performance of such work, either place on such bur- • dened Common Build:Lng'component a burden in excess I of th~ capacity for such purpose or otherwise prevent the use of the improvement co:taining the burdened I Common Building compt)nent for its intended purposes if the work is performed with respect to the benefited Common Building Component in question. B. Resuming C0!'.!1'.\lii:i.nce with Obligation~. At the .. conclusion of work there is full compliance with the provisions of item (1) of whichever paragraph A or B of Sectiori 4. 9 is appropriate to the improvemer.t with respect to which the work in question was done. Notwithstanding the provisions of item {2 '. of which-- ever of paragraphs A or. B of Section 4. 9 is appropriate to the improvement with respect to which the work in question \-1as done, the owner of the improvement with respect to wLich the work in question was being performed will not be liable to the owner of the other improvement affected }?y such work for ~ . any inconvenience, annoyanc~, disturbance, or loss of busine:c,s to the owner of the improvement affected by the performance of such work (or his tenants) arising out of and during the per-- formance of such work (unle~.s occasioned by the negligence c,f I i ' the owner of the improvemen,. with respect to which the work Ln §4.10-B -29- _,_, ___ _ " I 17.c Packet Pg. 728 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - ,1,_..,.L-______________ ,_, __ ' ------~---~---- ' I R.8-31-70 question was L J.ng perfo.rmed, or its agents) : but the owner of the improvement with respect to which snch work is being performed will make all reasonable efforts to ke•~p any such inconvenience, annoyance, disturbance, or loss of business tc the minimum reasonably required by the work in question. Section 4 .11 Restriction Against Commer:~ial Enterpr~_s-e_s~~-~~- No commercial enterprises shall be permi :ted in the :Park- ing Ares , .. n::::luding the Parking Garage), Malls (including ped.es- trian bri I JS) or other Common Areas subject to 1,ection 24. 2 , but nothing he1. ein shall preclude the use by Develop1:-r of the Agency Mall Parcel and/or the Developer Mall Parcels for the promotion of the businesses in the Project Area, including promotional events and ~ displays offered free of chr.irge to the shopping public. ART:CCLE V EASEMENTS ------ ! Sectic,1 5 .1 E~em€-~rfts For Parking Agency and City, to the full extent of their res9ective intere1:;ts, grant tc each of the other Parties nonexclusive ease- ments appurtenant to the respective Parcel(s) of each of the other Parties for the purpose of the passage and parking thereon of vehicles of such Party and of Occupants, and of 1·.he customers, licensees and invitees of such Party and Occupan1~s, and of the ten- ants, concessionaires or sublessees of such Part~, and Occupants: §4.11 -30- · Art.V-§5.l ' ., .................... --......................................... -............ -----·-----···--·-- 17.c Packet Pg. 729 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) 1 -r'-· ~-•.,,___f ----· --------------1 .,, i' ~ ' R.8-31-70 ( ' } Bom: 7580 PAGE 3:19 ' limited, however, for. purt,oses (including pedestrian movement) connected with or incidental to any use being made of any por- tion of such Party's Parcel{s). The easements for parking are easements upon all portion's of the Project Area improved the,:cefor as shown on Exhibit. D and such additional areas as are improved from time to time for the parking or accommodatio.:,_ of vehicles. Section 5.2 Easements For Pedestrians Agency, city, Dev~loper and the Trust to tae full extent of their re£pective interests grant to each of the other ! Parties (and Developer reserves for itself as res1,'ects the Devel- oper Hall Parcels) nonexciusive easements appurtenant to thn ' respective Parcel(s) of ea~h of the othe~ Parties for the p11r- pose of pedestrian movement of customers, licensees and invitees of such Party and the tenants, concessionaire~ or owners of any portion of such Party's P~rcel(s), and the customers. officerE, ' employees, licensees and invitees of such Party and of such ten- ants, concessionaires or owners; limited, however, for purposes . j connected with or incidenli1l to any use then being made of such i Party's Parcel(s). The ease1aents for pedestrians are easements upon all of the portions of the Project Area as are provided or available from time to time for general use and the con- venience of the Parties and of Occupants of the Project Area and concessionaires, employees and customers of the Project Area. ,. ' §5 .2 -31- I ' J ... --·-·---·-------·-··"------------·----·····-·-. ---·---.--~-------,!!!!!!-!!!!!! __ M .. CD 111:t~· \ . ' 'I -~ ':!'_---- 17.c Packet Pg. 730 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -r'-~.4~------------_-..;.. ___ _ " = 1 -·----... ~- R. 8-31-70 R.9-28-70 I ; l " Section 5. 3 Easements For i\.ccess f',OOK 7580 PAGE320 Agency and City to the full extent of their respec ... i.,.,e interests grant to each of the other Parties nonexclusive eztse- ments appurtenant to such Party's Parcel(s) for the purpose of furnishing access and the right of access between (a) the pub- lic streets and the Parking Are;:i situated in the Project Area, and between (b) the common Areas and such Party's Parcel(s). Section 5.4 Easements For Common Building Components The Parties hereto 9rant each to the other nonexclusive easements appurtenant to ~ch Party's Parcel fo::: the purpos,: of 1 furnishing connection, support and/or attachmen::. ( inclnding \•;ith- out limitation walls, slabs and structural systems of an improve- ment) to any Common Building Component owned by another Party. Section 5.5 Eesement.s For Utilities city and Agency (i) grant '1::o Developer, Upham and Depart-- ment St.ore Parties nonexclusive easemEints for construction, in- stallation, maintenance, removo 1, use and replacement of se,wers, water a.nd gas pipes and systems, elect:ric pow,:-!r conduits, lines and wires, telephone con~uits, lines and wires, which are public utilities and (ii) grant such easements to Penney and Mo ; war, respectively, as a:i:.-e private facilities running betweE:?n Pa· eels C and N and Parcels A and O, lying beneath the ground surface of the Common Areas at a location or locations approved in writ- ing by the Party upon wh0se Parcel(s) such easement is to he established; provided th,t in the performance of such work the Party performing such work shall:. §5. 3 to §5. 5 -32- ·--·-~----------~ • ' •··" •' 17.c Packet Pg. 731 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) . -,. · .. l_..,...., ______________ --'"----------------------·----~--. , ·-"T = ---'' I I ,, - R. 8-31-70 (,,) R. 9-28-70 f}OOK 7580 PAGE 3~~1 ities (a) Make adequate provision for the safety and ~0nvenience of all persons using the surface vf such areas; (b) Replace and restore the areas and facilities to the condition in which t:hey were prior to the per- formance of such work; {c) Hold all othe'-1" "'Parties harmless against claims, ' including costs and att..,)rneys' fees arising from the per-, formnnce of such work or use of such easements; !d) Notify the Party upon whose Parcel such work is to be performed not less than thirty (30) days prior to commencement of such work. Franchises granted to public utiliti,es for such util- shall constitute compliance with the foregoing provisions'. f Section 5.6 Easemepts For Construction A. may be made Reasonable use-of the Parking during periods if construction Area and Common Areak ' of improvements in the Project or making of repairs therein, and the Parties hereto grant to each of the others easements for such reasonable use subject to the succeeding sentence. In determining the reason- ablene~., of any such use all pertinent factors shall be taken into consideration, including but not limited to the following: (a) the interference, if any, with the business and operations of the various business ente~prises in the Proje~t, {b) the avail- ability of other space for such purpose, and (c) the cost of using other space for such purpose. ' ' §5 .6 -33- 17.c Packet Pg. 732 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) =-,-la_ _____ ... ~,----------·-------~------------- • •, I .. • ;,~ ---., ( R. 9-28-70 f~DOK 7580 PAGE 322 B. Each Party with respect to its Parcel(s) hereby grants to all of the other Parties easemonts in, to, over, under and across the Common Areas, of each such respective Parcel(s) for t'i.e purpose of the development and construction thereof, pursuant to the provisions of Articles :x and X of this REA, and for the construction, reconstruction, erection and removal anc. maiut,~n- ance on, to, over, U::1(:er and across each sucb respective Par-- cel {s) of Commo;:i Building Components and to a maxir.1.um distance of 14 feet, of footings, supports, canopies, flag poles, roof and building overhangs, awnings, alc'1.rm bells, sig'1.s, lig its a.ad lighting devices and other similar appurtenances to the buildi'l"'.g of any Party, els the case Jliay be appropriate, as ure e-hown i:1 the working drawings for sJch building, approved by the Parties pursuant to the pl:ovisions of Article VII of thi.~ REA, or pu:r:- suarit uiy other written agreemer~t hereafter executed betw,~en such Parties. Each PcP"'ty cC:,venants and agrees, respectively, that their exercise of such easements shall not result in da1n- age or inju.ry to the buildittgs or other improvemer>.ts of any other Party, and shall not interfere with the business opera-• tion conducted by any other Party in the Center. The exercise of the rights referred to in this Section 5.6B shall be subj •~ct to Section 5.8 of this REA. Section_?. 7 Relocation of Utilities When utility facilities have bern installed pursuRnt to the easeme::ts therefor, each Party hereto·may relocate such utility §5 .6-B §5. 7 , -33(a)- u&&•nrr, ' ~ ! 17.c Packet Pg. 733 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) J A • ---- :ir l___,.J~--------------------------------r ,- • •• T7 R. 8-31-70 R.9-28-70 R.10-5-70 \.) f100K 7580 .,AGE ~123 facilities within its own Parcel from time to time, at the expense of s,1 ch Party; provided, however, that such rrilocat.~ .... •1 ' shall not rcr'luce or iH,pair the nsefu~ ness er function of f::ich • utility facilities and sha~l be performed at the ~,--,le cost ~nil expense of the Party so relocating . • Section ) .8 -----·-Termiaation of Easements • A. As respects the Agency Park' ng Parcel, Ager,, y __ ,d City, to the full extent of their resrecti-,E: interests therein, agrr:::_• that the easements g;:-anted pur::;uant to Sections 5.1, 5.2, 5.? and S.6B shall, subjec~ to sub=ection B hereo~, continue ! in perpetuity beyond the t~rmination of this REA as to those certair, strips of land within the Agency Parking Parcel con- necting ._and being appurtenant to the Monwa1-· Parcels, Penney Parcels anrl Developer :Parcei.s respectively) to public str'"'c L.s abutting the Project Area as shown on Exhibj t· D; providpr1 , r,, the right of user thereof shall be exclusive to the Party n- ing the Pctrcel (s) to which each such .:asement is appui ·.enant, and Occupant-s thereof and such ownr:c Party shall have ~ obligation and responsibility for the rnaintenan•:e of each such easement. §t;.8--A -34- ... ,,-, .. -... -· •", < ~ < ' • ,,,.. • • • I ' ' • • ' ·, 17.c Packet Pg. 734 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ' • . 1 ,•...._~O!f!J!I---------------------------------------- " - J .. • _. . I ., ii -- R.10-5-70 R.10-21-70 R.10-27-70 R. 11-4· 70 r R.11-16 70 B . ( ) (_) flOOK 7580 PAG: d~24 • At the election of the Party owning the Mor.;11ar P.arct:.ls, . Penn~:' Parce1 s, Harris Parcels and Developer Parcels, , '"'S1'1a!CtivE:ly, at the termination of this REA any such Party may elect to exerr.ise its e,_;,,!:.ioH to purchastl portions of the Agency Parking Parcel (and/or f_n the case of Developer the Agency Mall Par-:el) pursuant to certain Option Agreements between City and Agency and Mon -, Upham, Harris and Developer, respectively, recorded concurrentl1 with this REA. Section 5.9 conditions to Easements --·---- The easement rightl granted pursuant to this Section i:tnd any 1 i censes granted in conrect ion therewith are exp1 essly hereby niade sub-iPct to the conditionsf set forth .i.n Paragraph l0C of each 1:,f. the ' . r • y Leases. ARTICLE VI OPERATION, MAINTENANCE AND REPAIR OF PARKING AREA AND OI'HER COMMON AREAS Sect;on 6.1 Operation, Maintenance ar.d Repair of Parking Area and Public Malls In accordance with the provisions of the City shall, at its sole cost and 8Xpense, at all city Leases, l times operate,, manage and maintain or cause" to be operated, manag~d and main-- tained, the Parking Area on Agency Parking Parcel and the Malls' on the Agency Mall Parcel in good condition and repair, includ-.. , ... ing repairs, restoration or-~ }:'econstruction in the event of dam-. .. age or destruction. formed in accordance Such operation and t with'the Standards maintenance shall be per.:. of Maintenance attachea to and forming a part of said Lease Agr8ements. · Nothing herein contained shall be deemed a waiver ?Y city and/or Agency of any rights or rem- edies it may have against any other Party negligently causing injury or damage to the improvements on Agoncy Parking Parcel and/or Agency § 5 . 8-B, § 5 . 9 Art.VI-§6.1 -34{a)- ... ~.,·.~ ~. •.., - I I I 17.c Packet Pg. 735 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -rL __ --,'· ------------I - \ • ( . R. 8-31-70 R.9-28-70 R.10-5-'70 R.11-16--70 '- nooK 7580 PAGE 325 • I ' Mall Parcel. In the eveft city fails to perform its obligatior1 ?Ursuant to the City Lease(s}, Agency shall exercise the right of entry and shall perform such obligations pursuant to Para- graph Sd of the City Leases. Sect:i.on 6.2 Operation, M~intenance and Repair of Developer Mall Parcels I ' Developer shall, without cost to the other Parties, operate, manage and maintain, or cause to bP operated, managed anc maintained, the En:losed Mall on De?eloper Mall Parcels in accordance with the Standards of Maintenance~attachPd to and forming a part of the city Lease in respect of the Enclosed MaJl and which are attached hereto as Exhibit E. Section 6.3 Ne,n-:Contribution by Developer and DeEartment Store Parties • Except as specifically provided with respect to Developer only in the preceding Section 6.2, neither Developer nor an1 of the Department Store Parties shall be called ur,on or required to contribute to the cos•t of design or conntructio:i. or of mair,- tenance, management, operat:f.on or control of the Parking Area (including the Parking Gara~e) or the Malls, ·and Agency and City respectively, irrevocably ytive any right either of them (an1 their successors) may now or her;__:,after have to seek such contribution, whether by means of assessments or otherwise. Nothing herein con- tained shall be deemed to prohibit the imposition of a genGrctl tax upon all taxpayers of the City of San Bernardino or a gene, d. as::;ess-• ment upon all real proper:-:y within the City of San Barnardino, some or all of the proceec.s of which may be used toward t:he pc1.yment of the costs raferred to in this Section 6.3. §6.2, §b.3 • • j -35- ·---------•-. .-.&--~-.--,---··---·-··-·---- 17.c Packet Pg. 736 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • I r :~ • • ii .,, t,, I , ~.' I, .... • R.9-28-70 f l:C!JK 7580 PAGE 3:26 R.11-4-70 R.11-16-70 ,, ,;,,i• Section 6.4 'tit Default by Agency and/or D~veloper In the event that Agency has taken over the performance of the obligations of City under the City Leases and at least two of the following four Parti~s, to wit: the Developer and the, Department Stores Parties, shall at any time, or from time tci time, determine that Agency is in default of performance of such obli-- gations under the last sentence of Section 6.1 hereof; or if at leas~.:: two of the following five Parties, to wit: the Departme!lt Store Parties, the City and the Agency determine that Developer is in default of performance of its obligations under Section 6.2, then such Parties shall have the :t'ight (provided that none of such Parties is in default hereunder) to give Agency and/or Developer, as the i::~ase may be, written notice of such dissatisfaction, Bpec-: ifying the particulars in r•':?spect. of which Agency's and/or Devel- oper's :said performance is ct,,,emed by such Parties to be in default. the date of such notice Agency's If during the thirty-:day ?tiod from and/or Developer's said pe fo:crnance shall continue to be unsatis- • factory, such Parties shalt1 have the right (provided that no11e of such Parties is in default hereunder) to give Agency and/or lJevel- oper, as the case may b~, a second notice of such disscttisfaction, specifying the particular; ln respect of which Agency's and~lr Developer's said performance is deemed by such Parties to be in 1efault, and if during the fifteen (15) day period from the date of such second notice Agency's and/or Developer's said perfo:rmance shall continue to be in default, such Parties shall have the right to cause to. be taken over from Agency and/or Developer, as the case may be (either by designating one of such Fartics to be the oper- ator thereof, or by means of an entity created for auch purp1)ses §6.4 -35(a)- 17.c Packet Pg. 737 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -rl_""--.i,_ _____________________ , ________ ..... ~ • ·-~-- R.9-:28-70 R.11-4-70 .a .11-16-70 f100K 7580 PAGE327 by such Parties, or by mean.; of an entity hired for such purpose by such Parties),eff~ctive on the first day of the next succeed- ing calendar month, the maintenance, management and operation of the Common Areasand of any and all improvements located thereon. Anything herein to the contrary notwithstanding, such take-ove,r of the maintenance, mar.agement and operation of the Common Are,as shall not (i) obligate any P~rty to pay any cost or expense in ~ respect of the maintenance.anagement and operation of the Coml its obliqa-mon Areas, or (ii) relieve A.:o/ency and/or Developer of .. tion to pay the cost of th~~rnaintenance, thereof. • management and operati In order to implement the rights of the Par~~es which ITu\Y arise pursuant to this Section 6.4, Developer, Penney, Monwar and Harris reserve to themselves, respectively, the following rights (such rights to be exercised by the Party's Agent, when appointed pursuant to Section 1.8) with respect to Parking Area and other - C~mmon Areas, J A. To make reasonable changes in the arrangement of tl,e parking facilities from time to time; and B. To do and per1-0;;.m such other acts therein as in the ... use of good business judgnient will improve the convenience and \lse thereof. ; ' In the event that the maintenance, management and operation of the Common Areas shall be performed by a Party other than Ag:ency and/or Developer, and Agency and/or Develope1.·, as the case may be, shall have failed to make the payments herein required to be made §6.4-·A,B • -35(b)- 17.c Packet Pg. 738 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,1 __ , _,_,--------~------·----------------'~,.. ......... ,iihf!""t~. ' f ' . --' R. 9-~8-70 R.11-4-70 R.11-16-70 . ' t 1:o such Party so operating, then any and all sums payable to Agency r and/or Developer, as the case may be, together with the right to1 ,enforce payrnent of and to collect the same shall be deemed assigned , to such entity without the necessity of the execution of any furt:her instrument of assignment thereof by Agency and/or Developer, other than this REA; and sucn entity shall thereafter remain responsible for such maintenance, management and operation of the Common Areas throughout the remainder of the term of this RF...A unless Agency :!nd/or Developer, as the caso may be, shall at any time or times thereafter resume the maintenance, mana9ement and operation of the Common Areas. Notwithstanding thEi foregoing, any notice of default given pursuant to this Section 614 may by its terms be inclusive or ex- clusive of that portion of;the Common Areas within the Enclosed Mall. In the event chat such notice is exclusive of such items, then and in that regard Agency and/or Dieveloper shall continue to perform the operation, management and maintenance services with respec~ to such items. In the event that such notice shall be inclusive of such items, then and in that event the new Party so operating shall perform the functions requir'2d for th~ cper- ation, managE>ment and maintenance of such item:s. ' • -35(c)- 'j ------···--·-···--·-,. 17.c Packet Pg. 739 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r ]._. _..._.,..,1..--_---_--_--_------__ --_-_--_--_ -_--__ -_--_----_--_--~-----_---_----=------_---_---=---__ --_--_--_--_---_-----. -------~----- R. 9-28-70 R .11-4-70 R.11-16-70 l. Section 6.5 BOOK 7580 PAGE329 Expiration of City Leases If, pursuant to the provisions hereof, this REA shall remain :i.n force and effect after the expir~tion (subjt..ct to the provis.=.ons of Section 25.2) of the City Leases, then from and after such expi- ration, Developer and Depar~ment Store Parties .,hall jointly main- tain, manage and operate t~ Common Areas, including the Parking J\.rea and/or the Malls, in accordance with the Stand~rds of Main- tenance set forth in Exhibi't:E hereto, the cost and expense thereof 1:o be borne among such enu~erated Parties in the respective ratios which the Floor Area on the Parcel(s) of Developer or a Department Store Party, as the case may be, bears to the Floor Area on the Par- cels of Developer and all ~'?-partmen: Store Parties. It is covenanted and agreed that save and etept for the release of City and A9enty from their respective obliJations under the afc.cesaid City Lease, consequent. upon the expiraeion thereof, or either thereof, sub- ject to the provisionr: of this Article, each and all of the pro- visions of this REA with respect to the Parking Area and the Malls (including the provisions of Article V hereof) shall remain in full force and effect notwithstanding such expiration until the termi- nation of this REA. Section 6.6 Agency Operation Prior _to City Le,~ Terms Du.1::ing the period of time prior· to the commencement of the respective terms of the aforesaid City Leases and thereafter during the term of this REA and in the event of default under City Leases, Agency shall perform each and all of the duties and obligations of the city as set forth therein as fully as thou9h Age~cy had been named as the les~ee thereunder. §6.5,§6.6 -35(d)- ---------··------------···· ------- _:":;·_.- 17.c Packet Pg. 740 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --,. IL-.....J,.I'----· ---------------"---------/' ------------t.-•...-,Jff~Pf-. l -.I j ~~ i .. = = R.8-31-70 R. 9-28-70 . ARTICLE VII . - IMPROVEMENT PLANS \ ) [',OOK 7580 PAGE Jl30 Section 7.1 Schematic and Preliminary ~lan~ The Project Architect shall (a) to the extent not hereto- fore prepared or prepared by City's and/or Agency's architect(s), prepare the improvement plans for all Common Areas (including the Parking Garage) and for the integrate:d development of such Com- mon Areas with Floor Area, and (b) approve the general exterior architectural concept of all improvement plans for all F'loor Area to be erected in the. Proj e,~t frequently during the cour)e plans for the Common Areas. Area. Each Party shall be consulted of the preparation of improvement From time to time during the course of thEi preparation of improvemen::. plans for the Common Areas, the architect preparing such plens shall cause progressive working dra,~ ings of such plans to be submitted to the Parties for review and re- ommendation. Such improvement plans shall include: A. Schematic Improvement Plans. Schematic improvement plans for the Common Areas developed in accordance with Exhibit D I i I attached hereto and by this :reference made a. part hereof, which shall within thirty (30) days following the execution of this REA be submitted by the Project Architect to the Parties for their re- view and approval. Such schematic improvement plans shall include elevations, perspecti.ve renderings reflecting concepts, layout of parking and other Common Areas improvements to be added to th•~ Project Area. Art. VII-§ 7. 1-A -36- ·",•\11/. _,,;,'!. ,,,_._ ______ ~ 17.c Packet Pg. 741 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) rl l .JI!!!!. • • ---··------· R.8-31-70 ,! [100K 7580 PAGE~l31 B. Preliminary Improvement Plans. Preliminary improve-- ~ ment plans for Common Areas which shall within ninety (90) days fol- lowing the approval of the schematic improvement plans by all of the Parties be submitted to the Parties by the Architect of any Party for their review. Such preliminary improvement plans shall be developed from Exhibit D and the ;approved schematic improv,~mivnt plans and shall conform to said schemati:: improvement plans anc'I. to the requirements of this REA and shall include, without limitation~ (a) All access roadways and streets, Project signs, Malls, oedestrian walkways (exct~pt perimeter sidewalks adjacent to Floor Area), curbs, curb cuts, entrance driveways, motor vehicle parking areas, sewer, storm and other drainage lines or systems, fire hydrants, lightirtg facilities and other similar facilities for common use. (b) The location of all facilities for common use. (c) A cornpo:;;ite parking layout for the entire Pro- ject Area, including paving, striping, bumpers, curbs, i location of electrolier'.; and lighting systems. (d) A composite landscaping plan specifying over- all plant materials and:planling. including planting l areas adjacent to buildin9s. (e) The conditions, standard and architectural treatrr.ent under which such improvements shall be § 7. l-B -37- ..• :~:::.. ..... 17.c Packet Pg. 742 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r· • - - - ) f~uOK 7580 PAGE 3~12 located, constructed or installed. Such conditions, standard o.r. architectural treatment shall not be less than the minimum requirements of the City of San Ber.- ' nardino or other governmental agE~ncy having jurisdiction of the performance of such work in the Project Area. (f) The impl'ovement plans shall not include Floor Area, but shall designate the location of Floor Area. If a Party does not.specify any objection or make R • proposal that would add to or change the schematic or pre-; ' liminary improvement plans to the Project Architect, with a copy to eac!:1 Party, within thirty (30) days from such date of submisf'.1.on, such plans shall be deemed to be satisfactory for furthc:r development. If th9re is such objection or proposal , ' from ,tny Party, the Project Architect shall call a meeting of all Parties to be held within forty-five (45) d~ys from sich date of submission, to resolve and adjust any objection or pr:-o- posal wit.h reference to such improvement plans. All objections or proposals shall be considered at such meeting with a view to developing such improvement plans in their.final form at such meeting. If at such meeting the Parties arc unable to agree unanimously, all matters of disagreement shall be resolved by the arbitration procedures of this REA. / § 7 .1-B -38- 17.c Packet Pg. 743 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ..,, - ,L_. _,,J.._'----· ----~---------------------'I~ .. --..... , -~ ' ., R. 8-31-70 t.) ' (_ - !~CifJK 7580 rAGE 333 \'lithin sixty (60) da.ys from the date of approval of the preliminary improvement plans, the Project Architect shall submit fin"ll improvement plans to the Parties for review. Such final improvement plans shall be developed from the approved preliminary improvement plans. If a Party does not specify any objection or make a proposal that would add to or change the final improvement plans to t~e Project Architect, (30) days from su-::h date to be satisfactory for fi jection or proposal from· ith a copy to each Party, within thirty : submission, such pla11s shall be deemed ~ . development. If there is such ob~ Party, the Project Architect shall call a meeting days from such of all Par es to be held within forty-five {4S) "" .:'late of sulfnission to resolve and adjust any objections or proposals with reference to such final improve- ment plans. All objections or proposals shall be considered at sti.ch meeting with a \/:Bi to developing the final improvement plans in their final form at such meeting. If at such meeting the Parties are unable to agree unanimously, all matters of disagreement shall bE~ resolved by the arbitration procedures of Article XV. C. Modification of Improv_~rnent Plans. Additional improve-· ment plans for the Common Areas may be developed by the Project Arch- itect for the future development of the Common Areas or may be de- veloped by ot.hers and submitted to the Project Architect for its § 7 .1-C -29- - 17.c Packet Pg. 744 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) 'I I , ( ) r·,:;Qr: 7580 PAGE 3~]4 approval with respect to architectural design. Upon such prep- aration or such approval by the Project Architect, as the case may be, such plans shall be submitted to the Parties for the!ir approval. To pl'.'ovide continuity and harmonious architectural treat- ment in the development o:i: approval of such plans, prior apprnved improvement plans ::;hall be follo\:ed as a guide in any such ctddi- tional plans and in the establishment of conditions, standards and architectural treatment under which 2.ddi-ci.onal improvemE?nts shall be made. Changes may be made in approved improvement plans only by amendments thereto in writing of Parties in interest with respect to not less than seventy-five percent (75%) of the land area of the Project Area at the time of the execution of such written amendment to the improvement plans. The cost of any approved change shall be borne by the Party proposing the same. All .1.mprovernent plans shall be stamped "Approved," dated and certified by the Project Architect and maintained by it in a safe and convenient place with duplicates thereof being del.ivered to and maintained by City and/or Agency as public records. In the event of designation of another architect as Project Arch- itect all improvement plans and other records relating ther,eto shall be delivered to the new Project Architect at the time of such designation. § 7 .1-C -40- - 17.c Packet Pg. 745 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I r··-11.. ____ ..,._,,__ _____________________ _ 1, : -' I R.8-31-70 R. 9-28-70 D. ( flOOK 7580 PAGE :335 Store Plans. · Within forty-five (45) days after the recordation of tt~s REA, the Department Store Part~es shall respectively cause to br, delivered to Developer and Agency one copy of schematic preliminary plans for the exterior design c,f its Store and perimeter sidewalks adjacent thereto (and TBA a.nd perimeter sidewalks adjacent thereto in the case of Penney and Monwar). Said plans shall be developed in accordance with Exhibit D and shall be subject co the appr.oval of Developer and Agency as respects exterior architectural conformity with the baJ.ance c>f improvements to be constructed in the Project Area, and as r.e~ spects such portion or portions thereof or the appurtenances thereto proposed to be constructed pursuant to the easement rights referred to herein~ The approvals of Developer and Agency shall be as hereinafter provided. ~ E. days after Plans for Par-f'ing Garage. -~ --.... the recordation}of this REA, Within forty-five (45) Agency shall cause to be delivered to Penney and Developer schematic preljminary plans for the Parking Garage. 'l.'he structural design, layout, entry- ways and exits of the Parking Garage shall be subject to the approval of Penney and DP.veloper for the purpose of assuring that the Parking Garage, includihg the locatio~ of vertical transpor- tation therein and ramps connecting the pame to buildings inq Floor Area, shall be workable ana compatible with the operation of the PE!nney Main Store Building and Devel0per ments on its adjacent Parc~ls. §7.l-D,E -41- ...... - contain~ use ani improv~- , ' -• zfttiW , • f 17.c Packet Pg. 746 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - = --~ • '· '~• ---'9l.e,e«iL,.a1S&-•1.,a C-!2:::-o"> ... ••---•~a..~---..,4..,.&-.• .,_""'cor.cs~ .. -. ___ , __________________ _ r 1~ " R.8-31-70 r .,· !'lJCW 7580 PAGE 336 F. Pla~ for Developer Improvements. Within forty- five (45) days after the rwcordation of this r:.EA, Developer shall deliver to the Department Store Parties and Agency one copy of schematic preliminary plans for the exterior: design of Deve1- oper1s improvements in the Project Area. Said plans shall be ~ devel0ped in accordance vlith Exhibit D and shall be subject to the approval of such specified Parties as respects exterior arch- itectural conformity with the design concept of the Project, and as respects such porti0n or portions thereof or the appurtenances thereto proposed to be constructed pursuant to th€ easement rights referred to herein. The approvals c,f such specified Parties shall be as herej .1after provided. Such plans shall show the location on Developer Parcels of not less than the minimum square footage of Floor Area specified in Section 10.1. G. Approval of Plan~. Wherever in this Article VII approval of plans is provided for, unless a different time is therein specified, 2,uch approval shall be conclusively deemP.d to have been given unless within thirty (30) days after the receipt of such plans the receiving Party gives notice to the other Party of its disapproval. Any disapproval shall b8 made in writing and shall specify with particularity tha area of such disapproval. Upon receipt of any notice of disapproval, th8 Party responsible for causing such plans to be prepared shall within thirty (30) days +.:.hereafter either make the necessary changes and resu.t,mit § 7 .1-F, G --'1-2-' ----· ... 17.c Packet Pg. 747 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -~ ~ • -.. , L_,.__ _______________________________ -------------~-- ,, _, ---·-·----·--·------- R.12-8·· 70 Boor. 7580 PAGE ~337 said plans for further approval on the same terms, or shall give notice in writing to all Parties hereto that it does not accept such dic:;app:coval, in which event the provisions hereof for arbi- tration shall be invoked. Section 7.2 Construction Plans and Specifications Jor Parking Garage and Common Areas Within sixty (60} days following the approval of schem- I I atic preliminary plans therefor, Agency shall prepare and s11bmit (a) to D~veloper and Department Store Parties, completed construction plans and specificatio.is for all uncompleted portions of thE'? Common A:ceas and (b) to Penney and Developer, completed construc-:tion plans and specifications for the Parking Garage (which shall be in strict conformity with the approved preliminary schematic plans thE'?refor and in accordance with Exhibit D), and a proposed contract for the construction of the Conm1on Areas and Parking Ga rage; and AgE~ncy . I shall concurrently submit to 211 other Parties evidence of its· f financial and legal ability (reasonably satisfactory to all oth r Parties) of Agency's right to construct and :-~Y for the Co~non Areas and the Parking Garage. Such completed construction pla and specifications shall comply with the provisions of para~:5ra E of Section 7.1 hereof. Section 7.3 Construction Plans and Specificat~ons for Developer Improvements Within sixty (60) days following approval , -= schi:imat:.ic preliminary plans therefor, Develop':!r shall cause to be delivered to the Department Store Parties-and Agency (a) one copy of §7.2, §7.3 --43- . _._,_ . -" . ~ '!'b« ---~_:! 17.c Packet Pg. 748 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r ... ,,, •· - I '. ! -& R.8-31-70 ( \. ) BOOK 758(1 PAGE 3:38 I completed construction plans and specifi-.:ations for the bu:i 1.d- ir~g shell and exterior walls to he constructed by Developer :~n • the Projec:t Area which shall. be in accordance with the, approved schematic preliminary plans therefor, (b) a copy of the con , c- tion contract entered into by Developer for the construction of such improvements, and (c) satisfa~tory evidence of Developer's abilit~· to finance the construction of such improveme11ts. con- strue' : r"' olans and specifications ~hall meet the :--0qui rement: of paragraph r.' of Section 7l hereof. City shall iscue any " and al::. .-:<-,:c.:ossary permits for such work without requiring any further a~chitectural review of said plans and specificat_ons. Section 7.4 Construction Plans an~ Specifications for Stores -----------·------- · Wit.hi '1 sixty (60) ,jays fol] owing app.t ·v ... l of schematic • preliminary plans thereff:.::, r,,cpartment StorP Parties shall re!-• spectively cause to be deliver0d to Developer ct:,d Agency one copy of their completed construction plans and specificationG f'Jr the exterior of the improve.mcnts to be constructed by thorn I in the Pro ,e,~t Area which shc1ll be in accordance with the: appro d schematic p <iliminary plans therefor approved pur.suant to par- agraph D of Section 7.1. City shall issue any and all necessary , permits for such work without 1·equir ing · a;1y further. archit~ectural ~eview of said plans and specifications. , §7.4 -44- \ ,. ' '' • I ' 17.c Packet Pg. 749 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -=,.l~w----•~•~,L~:~:••-•~,--~.--••-:.-- =l - ' j ... i , .J .-, 1 ~.------ R.8-31-70 ( ) ,,; ARTICLE VJ..II. GENERAL DESIGN DA'l'l\.. Section 8. J General Desig~_~iteria ' In the preparation of any improvement pla . the fol-· , lowing general design data, without limitation, L alJ. be fol--1 · low,~'d, c1s minimums, unless governn,ental specj 'icat · work establish higher standar~s: I ):I'." s,1ch; ' A. Sewer drainage and utility lines, conduits or sys- f terns shall not be constructed or main La.: :1.ed , ,.,ove , .. 1e 9.1:ound level of thcs rrn i cct Area unless such ins 1 :.lat ions arc within approved encJosed ::;tructur..!s, and shall conform tn require- ments of the city of San Bernardino or other applicable goverfr· mental or private agency having jurisdiction of the work, Storm drz: _'._nage for all hc:.lrd surfaced ar, ·s, includi cJ dr;veways, park..:. ing and service aroas, terraces, plazas, marquee .. , and roor , shat . .1.. be drained 0y· may be sheet flowed to storm sewers. No o ~nas\,; shall flow across public idewalks. All nonpolll· · . d .Jaste water, such as waste r-onditioninq water, sh~]l be drained to the storm or sanitary drainage systems as permitted by local codes. B. Each parking space, regc1.rdless of angle of :r:-\u.rking, shall t,~,e a width of 8 1 -'..:£:11 on-center, measured at ric',t angles to th(' sid•-: line of the parking space with bay widths for t-_he several paLking angles utilized as presently constrl,cted, c,r as shown on the improvement plans. In the casP or fut.ure recon- struction or re-arran~ement of the Parking Area by agreement: of Art.VIII §8.1-A,B -45- ' , ---------,-~~--, -~~ .. ji 17.c Packet Pg. 750 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = - = ' r·· R.8--31-70 R. 9-~8-70 R.12-8-70 I I . \. I the Parties, the following minimum and preferred parking bay w''ths shall be observed with respect to tr.~~ agreed angle(s} of parki DEGREES MINIMUM PREFERRED 45° 48 1 52' 52-1/2° 50' 52' 60° 52' 54 I 90° 60' 62' c. The ma.ximum slope in the surface Parkir1g Area shall not exceed four perc~nt (4%) unless otherwise shown on the approved plan. • • D. All fire protective systems shall bei installed in accordanC"e with the reqqirements .•' local authorities having· jur- ~ isdiction over such instlfation, and any additional requirements of any qualified inspection firm rep::-esenting any Party with rEtspect to its improvements: for·e~ample, National or Pacific Boards ol Fire Undenvrit:ers, or Factory Insurance Association. E. Except '1ith respect to "outdoor sales" of a 0 arcel not within areas of Depart- a building which ment Store Parties, portions are used for open storage of supplies, or any other articles, includ- ing waste materials o:.: refu'se, shall be enclosed by an opaque fence or wall of permanent const:ruction of at least si~. (6) feet in height. F. The heating, ventilating and cooling system of the Enclosed Mall shall be constructed so as to operate and be capabl,e of maintaining in inside dry bulb temperature of 70° Fahrenheit, with outside dry bulb temperature of 30° Fahrenheit for heating, and the cooling· system shall be capable of maintaining 75° Fahren- heit dry bulb and 55% humidity ins .. de condit'ions with outside con- ditions of 100° Fahrenheit iry bulb and 72° Fahrenheit wet bulb. The entire system shall be automatically controlled. §8.l-C,D,E ,F -46- ' ·~ ----====-== 17.c Packet Pg. 751 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) n I - r '--~.~r--. ---· ------------~-----· I \ I R.8-31-70 R. 9-28-70 R.10-5-70 f_\QQK 7580 ~AGE34i J G. The fir1ished surface of the Enclosed Mall shall be maintained at the same elevation as the corresponding floor of the respective adjoining Floor Area at all points adjoining such Floor Area. H. Penney, Monwar and f!;::,:rris shall each, respectively, have the right of approval (which approval may be granted or withheld in the sole and absolute j11dgrnent of each such Party respectively) of the design of that portion of the Enclosed Mall as is located adjacent to any entrance into the Enclosed Mall from each respective Store, for the entire width of the Enclosed Mall, in such area and in such depth along the Parcel line of each such Party as the Enclosed Mall extends, each such approval to inclu3e column locations, c1ecor, layout, decorative elements and the ' furnishing of such Enclosed Mall. AR'rICLE IX CONSTRUCTION AND OPENING OF FLOOR AREA AND COMMON AREAS IMPROVEMENTS Section 9.1 Department Store I_mproverncnts Subject to unavoidable delays, each of the Department Store Parties agrees as soon as reasonably possible after: (a) The complet.i~1 of its final plans; (b) Con~liance by Agency with the provisions of paragraph E of Section: 7.1 and of Section 7.2; (c) Compliance by Developer with the provisions of paragraph F of Section 7.1 and of Section 7.3; • (d) The co11ditions of pa~agraph A of Section 9.4 have been met; and §8.1-G,H Art . IX-§ 9 . 1 -46 (a)- I • Q .. 1 ya,, __ ; -----·--------~- 17.c Packet Pg. 752 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) iiiiio rl ,i = ! J • ________________ , ____ .;.... __ ............. ~·"'· ~'1·. -"""''"--------------------!- ( R.8-31-70 R. 9-28-70 R.10-5-70 f~OOK 7580 PAGI: 342 (e) Submission to it by ea~h Purty required to perform construction pursuant to this REA, excepting Penney and Mon- war, of evid~nce satisfactory to the Party receiving the same of its financial ability to finance such construction; (which,:ver cf items (a), (b), (c), (d} or (e) shall last occt:lr) to cause construction of its Store to be commenced on its respectivt:: Parcels and thereaftP.r diligently prosecuted to completion and opened ~ for business, which openin-j shall, subject to unavoidable delays, occur ,.- not later than the date or'\during the months as follows: ' Penney: January 31, 1973, but in no event earlier than fou:::teen (14) months aftei· Penney becomes obligated to cornmence its construction by the provisions of this Section; ., Monwar: Eighteer. (18) months after the date of rec- ordation of this REA, but in no event earlier than twelve (12} months after Monwar becomes obligated to commence its construction by the provisions of this Section; Harris: As to the new construction on Parcel Mb, eighteen (18) months after the date of reco~·dation of tliis !~i!:A, but in no event earlier than twelve (12) months after Harris becomes obligated to commence its construction by the provisions of this Section; and as to the remodeling and re- fixturing on Parcel Ma, thirty (30) months after said record- ation, but in no event earlier than twenty-four (24) montl1s after Harris becomes so obligated -to commence its construc-- tion on Parcel Mb; provided that no Department Store Party shall be obligated to §9.1 ·-4 7- --------·-~--_-------------· -·-----------..... _ ....... ------==~-,-~ .. ________ , I: • 17.c Packet Pg. 753 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) jl" ~~l!.-____ __, ____ ·~-··_-_-_···_·-·_· ---··_·_·_· ---···_-_-_· ----•·~----~---····_-----~----~~~~-~-·-.··•~•~,-~~--"-.=:.··--_··:~= ••. ::a:s:. ~ . ,, ,., R. 8-31-70 R. 9-28-70 open fo::: business during the following periods: (a) May 1 to August 1. (b) Novembe~ 1 to January 15. [~~10K 7580 PAGE 3~13 (c) '!'he 30-day period prior to Easter Sunday. All work to be performed pursuant to the p,::-ovisions of this Section shall be ir. accordance with the final approved con- struction plans and specifications for such work and in accord- ance with the requirements of this REA. Section 9.2 Developer Improvements Subject to unavoidable delays, Developer covenants and l agrees ab soon as reasonabl.v possible after the completion of i s approved final construction plans and specifications for such w rk, to cause construction of the Floor Area to oper Parcels B, D-1, D-2, ~. F and G to be be constructed on Deiel- commenced and therE~alter diligently prosecuted to completion, so as to open Floor Area on said Parcels in the sequence required by paragrapn B{d) of Section 9 4 to the general public for business. All work to be performed . pursuant to the provisions of this Section shall be in accord-· ance with the approved final plans for said buildings and in • accordance with the requirs:,ments of this REA. Section 9.3 Agency Improvements Subject to unavoidable delays, Agency agrees as soon as reasonably possible after the completion of its approved final construction plans and specifications for (a) the Parki11g §9.2, §9.3 -48- 17.c Packet Pg. 754 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ! -- rl __________ _ 1. R. 9-28-70 ' ' , . R. 8-31-· 70 i \ - i ) -~ P,OCJK 7580 PAGE344 Garage and (b) the Common Areas, to ca.use construction of the Parking Garage and the Common Areas to be commenced and thereafter diligently prosecuted to completion so that the Perking Garage shall be open to the geteral public on or before the first to occur of (i) the date the Penney Store \ or (ii) the date the Jeveloper improvements first opens for business. All work to be performed pursuant to the pro·"isions of this Sectj_on shall be in accordance with tl1e approved finiil plans for said Parking Garage and in accordance with the re- quirements of this REA. The Enclosed Mall shall be constructed in accordance with plans and specifications approved by Developer, Penney, Monwa.r and Harris, including the plq.;1s for attachment to the bv.ilding o:c im- provements of any such PJrty. In any determination of the reason- ableness of disapproval for any plan for such attachment, insurance requirements to enable such Party to have superior risk insurance, building code requirements, increased or decreased costs of con- struci.:ion of the structure to which attachment is to be made, and the proposed type of facade of the structure to which attachment is to be made shall be relevant circumstances in resolving questions that may arise in such attachment. TherP. shall be no seismic load- ing or structural stress placed upon any Store of Penney, Monwar or Harris or any Floor Area on Developer Parcels by the Enclosed Mall ; -I • structure, and the same si1;1ll be self-supporting. -49- 17.c Packet Pg. 755 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r.l r •· , ,, - - -- I ., .,.._..___________________________ f , ··'-'•"'"• ,.•.jA.~ .. , ·•~ '. R. 9-28-70 · R.10-21-70 (_, { ) \ -' BOOK 7580 PAGE345 The Parties recognize that the air conditioning, venti-- lating and heating specifications of the Enclosed Mall and the:Lr respective Floor Area, respectively, are critical and that the systems providing air conditioning, ventilating and heating shall be so designed, constructed, operated and maintained so as not to drain conditioned air from, nor discharge residue or return ai:r into, as the case may be, the Enclosed Mall or such Floor Area. Developer agrees that Occupants of its Floor Area shall be sim-- ilarly required not to drain condition~d air from, nor discharge residue or return air into the Enclosed Mall. Section 9.4 Conditions Precedent to Construction and Opening A. conditions Precedent to Construction. -----------------------Department Store Parties and Developer respectively, shall not be obligated to commence ccnstruction or cause construction to be commenced of their respective improvements until the following conditions applicable to it have been met: (a) As to Department Store Parties, leases have been committed for at least 160,000 square feet of the total Floor Area of Developer Parcels (excluding Parcels H & J). (b) As to Department Store Parties, the conditions of paragraphs E and. of Section 7.1 and Section 7.3, and as to Developer, the conditions of paragraphs D and E of Section 7.1 and ~cction 7.4, and as to both Department Store Parties and Developer, the conditions of Section 7.2 have been met; §9.4-A -49 (a)-· ~-----·==-===•====== .•. ~ '. j tl 17.c Packet Pg. 756 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) f '=--•-, ~L-----•...,,._,., --------------------------------11111~-.ua:!s.-.i-,:111.-iJ""'! -' R. 8-31-70 1 1 ... R.9-28-70 ) BOOK 7:580 PAGE 346 I (c) As to both Department Store Parties and Devel- oper, construction has been com~enced of all uncom- pleted Common Areas, including the Parking Garage; and (d) As to Departmeint Store Parties, construction has been co:nmenced of the Floor Area on Developer Par- '· eels B, D-1, D-2, E, 4: and G . . .l/l B. Conditions Prtedent to Opening for Business. ' ' Department Store Parties .;,;id Developer shall respectively not be obligated to open their :-,tores for business or to open or cause to be opened for business any Floor Area on the Developer Parcels, as the case may be, until the following conditions applicable to it have been met: (a) As to Department Store Parties and Devel- oper, the Parking Garage has been complet2d in accord- ance with the provisions of this REA and is functioning; (b) As to Department Store Parties and Developer, the common Areas have been completed in. accordance with the provisions of this REA; (c) As to Department Store Parties, the building shell of the i---1oor Area on Developer Paree ls ar.d the Enclosed Mall on portions of Developer Parcels (such por- tions being in this REA called "Develo;oer Mall Parcels") required to be constructed and finisheil by Developer have been completed in accordance with the provisions of this REA. § 9 .4-B -50-- 17.c Packet Pg. 757 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ''L-. ....J.I.~. ----·-----~-:--~-.;..._,..,--------:II:--- ' -~ - R.6-31-70 R.9-28-70 ( ./ ) I I r,orn< 7580 PAGE 314 7 (d) There is ope::n or is about to open for business: as to wards and Harris, not l8ss than SC¾ of the Floor Area on Parcels F and G; and as to Penney, ( i) not less than 800/4 E, F and G if it of the Floor Area on Parcels B, D-1, D-2, opens simultaneously with or subsequent to Wards, or 6(1"/4 of the Floor Area on Parcel F and 800/4 of the Floor ArecL on Parcels D, E and G if it opens before Wards. (e) As to Department Store Parties and Developer, the conditions precedent set forth in parag-raph A of this Section 9.4 applicable to them have been satis- fied or waived by Department Store Parties or Devel-. oper, respectively; ar?J (f) As to Developer, at least one of Penney and Wards plus the Harris addition on Parcel Mb is open or shall simultaneously open for business. I C. Tenancies. Dc'vcloper covenants and agrees to .. proceed diligently to obt;.in l1~ases with Occupants mP.eting the qualifications and c~~1itions set out in this REA of Floor Are'.'l on Developer Parcels.) All such leases shall contain pro- visions prohibiting the Occupant thereunder from violating the restrictions on use and occupancy set out in this REA. • As soon as practicable after th~ execution of each such. lease, Developer, Agency and owner Occupant, as the case may be shall deliver to Penney a written statemen~ signed by a vice pres- ident or the president of the general partner of Developer h,=rein named (or, in the case of a Party subsequently becoming the DeveJ.- oper hereunder, a responsible officer or representative therciof) I §9 .4-C -51- --•-------------~---·-- ,'),' 4 -·-" =-====-cc 17.c Packet Pg. 758 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -- -' -. ~~'~-'----·---------~-fJ I l I ( R.9-28-70 BOOK 7580 PAGE 34)9 setting forth the following i~1fo:cmation with respect thereto: (a) The name of the: lessee, if any; (b) The area and location of the space rented or , occupied; (c) The date of C:OIIl\llencement of the terr. (or the provisions of the (d) The date . lea::,e fixing said date of corn.rnencement) ; • j of 1 ter, 0 ,1ination (or the provisions of the , I ·'• . l f lease fixing said date of termination) and any rights granted to the lessee to terminate the lease prior to such date; and (e) A summary of the provisions prohibiting violation ·" of the restrictions c~ use and occtipancy set out in this i ,, REA. No ~1ch lease shall thereafter be modified or amended so l as to change any of the terms or provisions des1cribed in said state- ment as to items (a),. (c) and (e) thereof, and no such lease shall be cancelled, modified or amended so as to chang0 any provision 1.n said statement as to item (d) thereof prior to the commencement of said lease, without, in each case, the consent of Penney, which shall not be unreasonably wi{hheld or delayed. ·-"' ·-~ Section 9.5 Separate Works of Improvement.!.. For all purposes applicable to the provisioris of Chapter 2, Title 4, Part 3 of the Code of Civil Procedure of tho State: §9. 5 -5l(a)- -----·--·----------------· 17.c Packet Pg. 759 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = ... --'L.---...,, .. -4'L .... ~.-----••--· ,..-o-•-·-.. ••· .... , ... ,_,. _______________ ...;... __________ _ t '' .. R. 8-31-70 R.9-28-70 ( ( ) •. ,.., of California (§§1181-1203.1), the construction of: (a) The Parkin~ Garage; {b) The Common Areas, including, without lim- itation, Malls and pedestrian bridges; and (c) The construction of the improvements on the De,, , ,, er Parcels, Penr1ey 1?arcels, Monwar Parcels and Harris Parcels integrated therewith, shall each be deemed to be separate and distinct ''works of improvement," as defined in §1182 C.C.P. Section 9.6 When Construction Deemed to Have Commenced I For the purp('ses of this Article, Department Store Partiea, Developer and Agency shall each be deemed to have commenced con- struction when it (or when Upham, in the case of Penney): §9.6 (a) Has completed rough grading for its improve- ments to the elevation shown on Exhibit A; (b) Has entered into firm contracts fo:~ the con- struction of said improvements, the co;nmcncement of con- struction of which is required by this Article; (c) With respGct to Agency, has delivered to all other Parties proof reas(inably sat:i sfactory to such Par- ties that it has (i) available sufficient funds or {ii) a binding underwriting of a responsible financial insti- t11tion to assure complel:ion of all parts of the improve- ments required tc be constructed by it under this Article . -52- ··-·----=-=··=·=--=-=-=-=---=-~=== --------~======--·----- 17.c Packet Pg. 760 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) _,L.~---· ,, - - R. 8-31-70 R.9-28-70 R.10-21-70 1_) ARTICLE X DEVELOPMENT OF FLOOR AREA AND C(Xl.1)1ON AREAS BOOK 7580 PA~E 350 Section 10.1 Dev~per and Agency Improvements After (i) Develope.t· has completed compliance with the conditions contained in paragraph F' of Section 7 .1 and in Seic- tion 7.3 and (ii} Agency has completed compliance with the con- ditions contained in paragraph G of Section 7.1 and in Section 7. "> (or Departme".lt Store Parties have waived such compliance!), the improvements on Devel0per Parcels, Agency Parking Parcel and Agency Mall Parcel shall contain: A. Common A:ceas a., sho\' '. on the improvement plans. B. Buildings for occupancy by Developer's tenants containing not less than 320,000 square feet of Floor Area on Developer Pare.els B, D-1, D-2, E, F and G. C. Parking' Area., as shown on the improvement plans., providing at least th~ Required Parking Index (including the Parking Garage providing at least 1,000 parking spaces) and initially providing an aggregate total of .3, 550 parking spaces in the Shopping Center. Such work shall include all of the rt~dcvelopment work in the Project Area as shown on Exhibit A, other than the im- provements to be constructed by or for Department Store Parties pursuant to this REA. At least ninety percent (90%) of all Floor Area on Developer Parcels shall be exclusively for retail use. The heights of sai1 buildings shall not exceed those specified in Section 4.7 h~reof. Art.X-§10.1-A to C i' --- ---- • '"' ~~ I • i 17.c Packet Pg. 761 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) =,'-· --r,'--·----------- - !!!! - - 11 • _...-.........._ --··•-•··-------- R.8-31-70 R. 9-28-70 R.12-8-70 • . BOOK 7580 PAGE ~!51 Section 10.2 Impr:''>vements of Department Store Parties The Main Store Building constructed for l-'enney on Parcel C shall (a) contain not less than 200,000 square feet of Floor Area, and (b) have maJor customer entrances at each of the two levels of the Enclosed Mall; the Main Store Building constructed by Monwar on Parcel A shall (a) contain not less than 149,000 square feet of Floor Area and (b) have major customer entrances at each of the two levels of the Enclosed Mall; and the Harris Store (including its addition on Parcel Mb) shall (a) contain not less than 225,000 square feet of Floor Area and (b) as respects ' said addition on parcel Mb shall have major customer. entrances at each of the two levels 0£ the Enclosed Mall, and as respeicts the existing portion of the Store on Parcel Ma, shall have a major customer entrance upor ti.i.e open mall portion of the A9ency Mall Parcel. A. The ~ --~~TICLE XI GENERAL CONSTRUC'IION REQUIREMENTS pa~ties perlr~ing any work pur~ua~t to thi.; REl\ severally agree to perform their respective work so as not to cause any increase in 4-:he c<;,st o_;_ constructing the remainder of the Shopping Center or any part thereof which is not reason- ably necessary, and so as not to unreasonably interfere with any construction work beirg done on.the remainder of the Shop- ping Center or any part thereof, or with the use, occupancy or enjoyment of the remain--Jer of the Shopping Center or any part §10.2 Art.XI -A . ' ,. -54- =====================~~~~~ __ , ..... -------- 17.c Packet Pg. 762 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - "II R.8-31-70 R.9-28-70 I BOOK 7580 PAGE3~)2 thereof by ~ny other Partl,, and any other Occupant of the Shop- ping Center. B. From and aft ing Floor Area of any Par the opening of the building cont~tin- abutting on the Enclosed Mall, each other Party thereafter er.,cting or constructing any building shall erect and construct a barricade at least eight (8) feet in height, surrounding the building or buildings so being con~tructed. Such construction barricade shall be kept in place, in good condition and repair, until the building so being constructed is securi! from unauthorized intrusion. All barricades shall be painted in colors approved by the Project Architect. C. Each Party agrees that all construction to be pi:~r- formed hereunder shall be done in a good and workmanlike manner, with first-class materials and in accordance witi1 all applfcable laws, rules, ordinances and regulations. Develope:c shall, UJ~on demand, deliver to the other Party or Parties demanding the same, evidence o-1: completion of such work in compliance with all applic- 3ble laws, ordinances, regulations and rules in compliance with the . final Developer plans, appi:-oved pursuant to Section 7 .lG her,eof, and that all such costs, expenses, liabilities 2nd liens arising out of or in any way connected with such construction have been fully paid and discharged -of.record, or contested and bonded, in .. ·' ' which event any ju~gment or other process issued in such contest shall be paid and discharged before execution thereof. D. Each Party, as Eespects its respective construction, shall use all reasonable efforts to cause its architects and Arl.XI-B to D -55- 1 --·--·---- 17.c Packet Pg. 763 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I -, - r '---,i~·C..'"·---·--· ____ ...... _,_,.,...,_. --------.----------·------·----.,.~-, ........ ,.J, ~~·, I l [ R. 9-28-70 R.J.0-21-70 R.11-4-70 bOOK 7580 nGE ~153 contractors to cooperate and coordinate its construction with the architects, contractors and construction work of the other Parties hereto to the extent reasonably practicable. E. In the event any mechanic.., 1 liens are filed agai1:'l.st the Parcel of any Party, the Party suffering or causing such J.ien to be filed hereby covenants to either pay the r:; :,me and have it dischargec1 of record promptly, or to take such action as ·, :1y b:, required to seasonably and lt:.gally object to such lien, and in all events agrees to have such i.ien discharged prior to the foreclos- ure of such lien. Upon request of aHy other Party, the Part:• suf- fering or causing such lien tu be filed agrees to furnish such securit· is may be required, ~o and for the benefit of such other Party, or any title insurance and trust company designated by such ot~er Party, to permit a report of title to be issued rci,1Lin~J to such Party's Parcel without thowing ther1:'!on the effect of such lien. ;, ARTICLE XII ·fP~AAT~ Sectio.1 12 .1 Ope~ation of Stores A. Covenant with Re~ect to DeparL,,,,__.~--e~ <>re. PennE~Y and Harris each covenants that it will operate, or cause to b, · opc,ratcd ' (under the name of 11 Penney 11 art'd "Harris, 11 as the case may be, or such ot:1er n:'•ccc as may be used to identify the majority of the stol~cs in Southern l ·lifornia operated by it) a department store on its Par- cel C or. Ma and Mb (collectively "M"), as the case may be, ' ,r the fifteen (15) year period from and after the date, the first Mc1in Store Buildi.ny of the Department Store Parties is first opened for business wit.11 the public, but in no event shcJ.11 such period . o Pc.!noy or Hc1rr:is be less than fourteen (14) yea1·::.~ and six: (6) 1:1onth:. Art .Xl.1.-~12 .1-A ,-55(a)- ·:,.;.,1,-,lll!illli!!!!lD!!J!ipllla-&ll&lllllf_L ..... -...--- . ' 17.c Packet Pg. 764 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --, .. 1..__.J....____ ____________ _ r ' - -• = - .~-.--- I \ ~-( ) R. 8-31-70 R.9-28-70 R.10-5-70 R.11-4-70 BOOK 7580 PAGE~)54 Monwar covenants and agrees that Monwar will cau~.e Mo::itgom- • ery Ward & Co. , Incorporated to operate :· · inder the name uf " ,,..· ds •·) or such other name as may be used to iden: ~ fy t,, ... ~ majorily of stores in Southern California operated b 2 lontgomery Ward & Co., In,...,,rpor-- at.ed) a deparLment store on 'its Parcel A for the fifteen (1:.,) yeal· period from and after the date tr.e fj · .:.t Main Store B .Lld.1 ,g of -c.hc '1 ' Department Store Parties is first : ~;ened for business with the gen- e .. al public, 1-.,ut in no event shall such period be less than fourteen (14) years and six (6) mont~s. For the purposes her~eof, t..Le department store on P~-eel c, ..; t "' A or M, as the case may be, :shall be aeemed to be operated during perio .J of cessation of actual operations if such cessation of oper.alions results from: (a) Such reasonable interruptions as may be incident to the conduct of similar businesses; (b) Periods of total or _ ... rtial stoppage -~ oper- ation reasonably necessary because of constru..::' · ,....,n, re- construction, alterations, improvements or repairs on or to the department store in ~1uest:i.on; (c) Condemnation; or (d) Unavoidable delays. Notwithstanding the foregoing, any oblig r-"Pnrtment Store :?arty to OP::?rate its department J • ;:;;ai.d shall cease in the ever!:: Developer ceases l , .. any as afora- .,rl ,. with. the provisions of Section J.2.1 hereof, but no such cessation by any nepa.rtment Stort! Party shall in any manner be ·onstru?.d as diminishing or be de0med to con•:titutn aw, iver uf any othe right of any D~partment Store Party so ceasing tc 0~ i·ate aris- ing from the failure of Developer to perform its c.:ovenant Sfit forth in Section 12. 2 hcrr,of. -56- ~-~-~~ ' ' fl '' 17.c Packet Pg. 765 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) :;;;.: -....... L ' ---·---~---------=':.-------"-'-"--· ~:, .-1---·--------, , ' ' .• , .. ,,,. ..I - - J I 'I ( ) R. Y-28-,0 BOOK 7580 r GE 3~)5 The covenants contained in this Section 12.l shall, at the .request-of any l~n..::;..r .. :1 the respective Parcels J.. eferred to herein, be subordinated to the l~en of any mortgage, ind,nture or deed of trust (including, but not by way cf limitation, ar· · lanket mortgage or deed of trust which may cover any other proper1J or properties of such Party, whethe,: owned in fee or as a leasehold. in addition to the property interest or interests previously referred to 1.n this sentence) to the. end that a purchaser or pu)·c'"lasers in any foreclosure proceedings, or pursuant to any exercise of power of s > or anv grantee under i'\ deed in lieu of foreclosure, and all -I ., < " _:essors to or through any . ' i;uch purchaser or purchas rs, or to • .. the or through any such grantee, '.,hall take free and clear of •' covenant. Each Party covenants and agrees to execute and deliver to the others, upon request therefor, such instruments, in re- cordable form, as shall at_any time ~nd from time to time be re- quired (the form of which shall br• in th,e sole and absolute judgment of counsel for such Party) in -order to confirm or effect any :;;uch subordination as referred to in the preceding sentence. Nothing contained in this Section 12 .1, or else:wh1?rc 1.n this REA, shall be construed or. deemed in any way to proscrib,~ or limit any use of the Parcel o?: any Party, or the improvement there- 1 on, except as specifically herein provided, and except as provided , in Section 3.4 hereof. Each and all of the provisions of this REA on the respective parts of Penney, Monwa:r and Harris to be per- formed (whether affirmative or negat-ive in natur2) are intendE?d to t f , -56 (a)-· • 17.c Packet Pg. 766 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --,f, l __ ,~, ....... '-------·---------------------.;;..----------------·--,, .. • ... -111!!_.: , ..... :d~IPl· .. ' f I I: .,. - R.9-28-70 (_ ) BOOK 7580 PAGE3Ei6 and shall bind each and every persm1, firm, ass~ciation or corporation comprised within the term Penney, Mor.war and Harris, respectively, at any time and from time to time, and shall in\1.re to the benefit of Developer. B. Type of Operati~n. The hours of operation, the number and types of depart- ments to be operated in the department store on Parcel c, A or M, as +:he case may be, the particular contents, wares and mer- chandise to be offered for sale and the services to be rendered therein, the methods of merchandising, and the manner of oper- ating the department store in every respect whatsoever shall be within the sole and absolute discretion of the Department Store Party operating a particular department store; provided, however, • that such total operation mu:;;t constitute the operation of a department store. oc:r. __ ..... -,.-.. -~.-..~-----·~·~ ,_,✓.,, ·-•-'•• ~----·---...... --~-----,-.... .,~-:.-.... ~. §12.1-B I - ; • • !"' .. :.t :' ·~ -···· -56-(b} ---... ,..~--·~------·--------~---.. ,,,,..• . . , . ~· .. ··" ' .. 17.c Packet Pg. 767 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) __ .. ,_ 111,_-.-~1. _____________ ___,_ _____________ _:.__ ". 1 !' ' -· .II - -_,, ... 1. R.8-31-70 R. 9-28-70 ( .,- \ ) BOOK 7580 PAGE 35'7 Each Department Store Party shall have the right, but not the obligation, to operate any department or departments of its department store in whole or in part by licensees, ten- ants and/or concessionaires of such Department Store Party. Section 12.2 peveloper's covenants Developer covenar.ts that it will operat':'!, or cause to be operated, during normal and customary business hours, the Floor Area required to 'be constructed by Developer on Devel- oper Parcels pu=suant to th9 provisions of Article IX hereof, so long as one of the Main ;;tore Buildings of the Department . ' Store Parties are open for business, in the following manner: A. As a complex of retail stores and commercial enterprises which is a part of a first-class regional shop- ping center with related Common Areas facilities. B. Use its best efforts to: (a} Have the Floor Area required to be build by Developer pursuant to Section 10.1 occupied in its entirely: (b) Have at all times a proper mixtur2 and bal- ance of ten~nts: and (c) Maintc: in a of ma.nagemer.t and oper- ation not less than that generally adhered ~o in other similar regional shopp,ing centers in Southern California where there is a depar'tment st.ore of a type a.1d charact:er similar to.the Stores of Penney and Wards. §12.2-A,B -57- ' l ,j -, 17.c Packet Pg. 768 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) , 'Lt--___________ -..;.. _______ ·_·--·_--___ ---~-........, l . ' I ; R.8-31-7O R. 9-28-70 i ·' l r,OOK 7580 PAGE :)58 c. under lhe name of ••central City Ma11•• ~nd under no other name without the prior approval of Monwar, Penney ?nd Harris~ D. So as to hav~ Floor Area of at least 300,000 square feet on Developer Parcels, subject to the provisions of Section 13.4D. E. To open F'loor Area on Developer Parcels B, D-1, D-2, • E, F and G containing not less than the minimum Floor Area as pro- ! vided in Section 9 .4B (d}. ! ,', ;;· E. To open not 16'3s than the minimum Floor Area as provided i~ Section 9.4B(d). F. So as not t.o substantially change, modify or alter in any manner or to any extent whatever the exterior of the building shells on Developer Parcels without the prior approval of Monwar, Penney and Harris. G. So as not itseif to vi late the restrictions ro-- ferr~a to in the last sentence of Section 9.4c hereof, and u;ge ' all reasonable efforts to r~strain any violation thereof by ., I Occupants of Developer Parcels. H. In accordance with the rules and regulations prescribed in Exhibit F hereto. For the purpuses of.this Section, ~ny retail store constructed by Developer ln the Project Area shall be deemed to be operated during periods of cessation of nctual operation if such cessation of opera0ion results from: § 12 . 2-· C to H .... 58- • -----·---~ ···----··· ·~======,==~===··· -·--·-·---··········-. -...... . 17.c Packet Pg. 769 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = I•• R.8-31-70 R. 9-28-70 t,OOK 7580 PAGE 35[J (1) Such reasonable inter.ru1->tions as may be incident to the con~uct of similar businesses; ' " {2) Periods of paFtial or total stoppage made reasonably necessary because of construction, reconstruction, alterations, improvements or repairs in or to such Stores in question; (3) Condemn~tion; or (4) Unavoidable delays. Section 12.3 Rules and Regulations Penney, Monwar and Harris, each severa.lly, agrees to observe and comply with, and shall cause its respective Per- mittees to observe and comply with, and Developer shall caus1= its Permittees to observe and comply with, such rules and req- ulations related to the Shopping Center as may be adopted by the mutual agreement of the Parties hereto from time to time. The Parties hereto do hereby adopt the rules and regulations attached hereto and marked Exhibit F until such time as new and different rules and regulations shall be adopted as aforE:?- saia. §12.3 -59- ... ' -., " -1 .. ·t -·--~=-------~--~-~---·-·--~---___ - ... , ...., _____ ., __ _ .. -=--=----=-~~ 17.c Packet Pg. 770 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) u J 1 J r· ... ,_.., .... ,-.. , ... , ...... _____ ...,. __________________________ ~~-----------·-----~~-\ ••s•;'llli!lill9'!,...,,: R.8-31-70 . l. ( i I , I l , Am'ICLE XIII --- '-) BOOK 7580 PAGE 360 DAMAG~INSURANCE Al\"D REPAIR Section 13.1 Indemnity an<:!_Liability Insuranc~ Developer, City anc. Department Store Parties, respect- ively, shall each hold harmless all other Parties and all Occu- pants of the Parcel(s) of the other Parties from all claims or judsments arising from the use of Floor Aren and/or Common -Areas located within the respective Parcel(s) or portion(s) thereof which the indemnifying Party has the responsibility to operate and maintain (as between the Parties hereto) pur- suant Lo this REA, unless such claim or judgment is caused by the negligence of such other, Party or Occupant. Developer shall ' • cause Occupants of Floor Ar~~ on Developer Parcels to indem- nify and save harmless DQveloper and City from any and all claims arising from any aft, omission o.c negligence of such Occupants, or their contr".3:ctors, licensees, agents, servants ' or employees, or arising fr0m any accident, injury or damage whatsoever caused to any Person or Property occurring in or about the Floor Area occupied by such Occupants, or any part thereof, and from and again1:1t all costs, expenses and liabil-· · ities incurred in or in connection wit_h any such claim or pro- ceeding brought thereon. P\,lblic liability insurance with limits Art.XIII-§13.l --------• • .. ••., • • C, C • • -60- =-_, 17.c Packet Pg. 771 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) R .8-31-70 R.10-5--70 bDOK 7580 PAGE ~J6f of not less than {i) $500,000 for each individual, $1,000,000 for each accident, and $100,000 for property damage in the case of City and Agency, respectively, and {ii) $1,000,000 for each individual, $2,500,000 for each accident, and $200.000 for prop- erty damage in the case of Developer and Department Store Pa:r- ties, respectively, shall be provided by t',e indemnifying Par- ties, respectively. The other Parties shall be named as addi- tional assureds. Section 13.2 -------Extended Coverage In~urance - A. Developer and Department Stores Parties, respect- ive_;_y, shall at its expense cause buildings and improvements con- taining Floor Area and all parts thereof on such Party's Parcel(s) to be insured against loss or damage by (i) fire and such other casualties as are included in the standard California extended cov- erage form of fire insurance policy, in an amount which will pre- vent the insured from being a co-insurer and, in any event, in an amount not less than eighty percent (80%) of the full replacement cost thereof (excluding the cost of excavations, footings and foundations) and (ii) earthquake, in an amount not less than ninety percent {90%) of the full replacement cos;-thereof {excluding the cost of excavations, footings and foundations), with a deductible not in ~xcess of five percent (5%). ~ B. City shall maintf:in the insurance requi~ed by the " aforesaid Lease Agreement {Parking) ~nd Le~se Agreement (Mall). C. As used in this Section and the preceding Section 13.1 the term "C:.ty" shall also refer to Agency if and while Agency,is performing City's duties and obl"igations pursuant to Section 12.3. I , r §13 .2-A to C -61- _,,._, __ ·---.~-,; C t 5 i \ i _.........___ -·------·· -·-·-·--•-~---,- 17.c Packet Pg. 772 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,iii ..... ·- " . ---'---------~~·.1 ___ _., ,1. .... , --·· _______________ --;; ______________ _ p, I " R. 8-31-70 R. 9-28-70 I: l8=~i.Z9o ( ( J ., bOOK 758r) PAGE 36~~ All insurance coverage provided for in this Section shall at all times be maintained with a responsible corporate insurer aut~0rized by certificate of the California Insurance Commission to do business· in the State of California. Notwithstanding the foregoing, each of (i) J. c. Penney Company, Inc. while a Party hereto, (ii) Monwar Property Corpo:.:ation while a Party hereto, and whi:e a wards department store is bE~ing operated on Monwar Parcel A., and (iii) Montgomery Ward & Co., Incor- t porated while it operates the Store on Monwar Pc.reel A and has. e - pressly assumed and agreed to perform and is performing the obli ations of Monwar pursuant to Section 13 .1 and this Section 13. 2, may at. i'ts election carry ~he insurance required to b~ carried by it pursua t to Sectior,s 13 .1 an•:l 13. 2 under any plan of self-insurance which it may from time to time have in force and effect, provided that it ha::: a net .worth of at least $20,000,000. Said J.C. Penney Company, Inc., Mon- war Property Corporation, t:ontgomery Ward & Co., Incorporated and John S. Griffith & Co. (while in its capacity as the managing jofnt venturer of Developer herein named) may respectively carry such insur- ance under any so-called blanket policy or policies of insurance,cov- ering this and other locations. Section 13.3 -Obligation to Repair Each Pa.rty shall at all times maintain or cause to bt:? main- tained all buildings and other improvements containing Floor Plrea within suc::h Party's Parcel{s) (exclusive of portions which may be dedicated to public use or condemned) in good condition a11d rE:?pair (ir,c.:luding 2::epairs, rest.oration or :t.·econstruction in the event: of -:.iamage or destruction as required by the following Section) with- out ~ost or expense to all other Parties. • §13 .3 -62- -----·---·---··--······ --·--------···· .. 1 .... ·re·+·• t a ., ! .I ,i • --7 I 17.c Packet Pg. 773 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -"""··,9.--"'---r.,_ ______________________ -? __________________ -:--__ _ ·-•• .. i - I ' • •· ~ i ··---··----~ R.8-31-70 R. 9-28-70 R. lC-5-70 () Section 13.4 • ,.. > ) .. Repair, Maintenance and Restoration of Premises BOOK 7580 PAHE363 Subject as hereinafter provided, in case any building· Ol:' improvement constituting a part of any Party's Parcel(s) shall be jaffiaged or destroyed by any casualty and a Party is required to repair, restore and reconstruct the same, such Party shall within ninety (90) days thereafter submit to the other Parties plans. and specifications for, and upon approval thereof (as respects only the architectural compatibility of the exterior thereof, and compliance with all other requirements of this Section) by the other Parties shall, with reasonable dispatch, commence and diligently prosecute to completion (i) the repair,. restoration or reconstruction of the damaged or destroyed portions (or the whole thereof, as the case may be) of any such bui~rling or improvement, (ii) the erection on such Party's Parcel(s) of such new building and improvements as such Party may elect (provided the same is reasonably harmonious architectur2.lly with the remainder of the Project Area remaining or • as reconstructed), or. (iii) the demolition of the destroyed or dam- aged building and improvements as may be required, all to be condt1cted in such manner that upor, the completion of such repairs, restoratior,, reconstruction, erection or demolition the building or improvement ; on such Party's Parcel(s) s1'£~11 comply with the following require- ments: A. The building (s)., building equipment and other irnpr.ove-, ! ments 130 damaged and there.a~er repaired, restored or reconstructed shall be of a value not less than the value of such buildjng(s), ~uilding equipment and 0ther impr.ovements immediately prior tot • §13.4-A -63- .,. I \ s--1 ,,-I 1; • 17.c Packet Pg. 774 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -rl~___....,--·--··-----~ -~--- ! --~----_.t.,,_, ... l!lllllo!ll:I! -;j • - .. 11N _, R.8-31-70 R. 9-28-70 ( i ) BOOK 7580 PAGE '.364 any such damage and not theretofore repa:~ed, restored or reconstructed • B. The,, shall be 9£ modern fire and earthqua~e re- sistant construction suitable for use as that being conducted immediately prior to such damage; shall be designed and con-· structed in a first-class $rkmanlike manner; shall be struc-, turally sound, and shall be architecturally harmonious with the architectural concept cf the remainder of the Project Area. C. They shall be ;of a value not less than the value • I of the building {s) or imprc'vements so damaged or destroyed immed- iately prior to any such d<image or destruction not theretofore repaired, restored or reconstructed. D. They shall contain not less than that numb~r o:E Rquare feet of Floor Area (or square footage in the case of the Malls and Parking Area) that existed therein immediately prior to any such damage; provided that the Stores shall not be required to have Floor Area in excess of the following: Penney Wards Harris 150,000 sq. ft. 12!'.i,OOO sq. ft. :od,ooo sq. ft. E. All such wor~ shall be completed with due uili9en,~e, subject to unavoidable delays, and at the sole cost and exp,:nse (except as herein proviiied t.o the contrar.y) of the Party pe:rform- ing the same. F. city, Agency and Developer each covenants, sev,:rally, i ' that all insurance proceed~, if ariy,, paya.ble to it on account of !~ such damage or destruction~shall first be made available fo:r the • §13 .4-B to F -64- • - 17.c Packet Pg. 775 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,I ; . J t • ---------· --~ -----~. • R.9-28-70 R.1O-5-70 ( _) BOOK 7580 PAGE 3165 repair and restoration of any damaged Common Areas on its respect- ive Parcels. The in trust and made amount ff:any in~urance proceeds shall be held available in progress payments during the p:ro- gress of the restoration of such Common Areias in the same manner as progress payments are to be made for damage to the Common ArE::a by rP-ason of any taking by condemnation as provided in Articl•:! XXI B. G. Developer covenants to and with Penney, Monwar and Harris, each S8Verally, that in the event of any damage or destruc- tion to all or any portion of the Dev«:!loper Enclosed Ma 11 Sto:ces (those stores of Occupants on Developer Parcels B, D-1, D-2, E, F and G) it shall cause such Developer :E:nclcsed Mall Stores to :oe reconstructed; provided that at the time of such destruction a.t least. two of the Stores of Penney, Monwar and Harris shall be oper- ating in the Shopping Center. In the event that less than two of . the Stores of Penne,y, Monwa:i:: and Harris shall at the time of :such <lest.ruction be operating, or should 1«2!ss than t¼'o of such Part iei:; agree to restore their Stores in the event of simultaneous de:;truc- tion thereof with the Developer Hnclosed Mall Stores, then and in that event the obligation of ;Developer shall be to reconstruct and restore the Developer Enclosed Mall Stores lying within 200 fE~et of any such remaining Store. H. Penney, .Monwar (Monwar shall cause Wards) and Harr.is, each severally, c01enants each with t~e other and with Develo1>er, in the event of damage or destruction to all or any portion of their respective Stores that each, respectively, shall repair, re- store and reconstruct any building or improvement on its Parcc!l (s) l . ' §13 .4-G, H -64(a)- t ·----------------~ ......... •.~---·-•-- 17.c Packet Pg. 776 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) . i .. ---~ ----J -r-L---L-----------------------~-----.,..~"-!ll"""' ________ ir.:;;,•••~-.,.••1 ---••--•~,••-z•. rrl; !: i. R.9-28-70 BOOK 7580 PAGE 3(16 \-1hich is damaged or destroyed by any casualty during a period of twenty-five (25) y~ars after such Party first opens for business in the Shopping Center; and from and after such twenty-five (25) year period shall also be required to so perform such repair, res- toration or reconstruction (but only to the extent of the insurance proceeds available to it for such purpose) if at the time of the occurrence of the casualty requiring such repair, restoration or reconstruction, ·at least one of the other ~drties shall be oper- ating its Store in the Shopping Center (or as to any Party(ie:s) not so operating, it or they shall in fact have commenced the resto- ' ration ~fits Store). ,. I. It is recognized that from time to time during the, ' tP.rm of this REA, each Party may require a temporary license to use portions of the Common Areas for the purposes of: (1) Performin0 maintenance upon, and making repairs to, and/or (2} P.aking construction alteLations, adJitions and improven:ients, or razing and replacing the whole or any part of Floor Area on the Developer Parcels and the Stores, resper.tively, pursuant to this REA (the activ- ities referred to in this subdivision (2) being herein- after collectively referred to as "construction''), and (3} Obtaining access, ingress and egress to ar-d from the Common Areas, the Floor Area on Developer Parcels, and the Stores, as the case may be, to carry on such mainte- n, ice, repair and construction. §13.4-I -, ' ' -~ ' . ' -64 (b)- ' I 17.c Packet Pg. 777 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -rl·-,-.--------.._;;;_~-----.... , ...... ~. ~ . f: iii ... •-~ • ~--~u.~-• -- R. 9-28-70 ( i ( ) BOOK 7580 PAGE 36:7 • Within a reasonable time prior to the commencement of any such maintenance, repair or construct.ion, the .Party desiring to undertake the same shall sllbmit to the Party owning the ?arce:i. in1 question for its approvai (which approval shall not be withl;eld) a plot plan of the Shopping Center, the Floor veloper Parcels and the Stores, as the case may be, and unreasona41y . J Area on D _J except the: portions of the Common ArecS being utilized by such Party pursuant to this Section 13.4! free from and un.obstrucLed by any loose dirt, debris, equipment or construction materials related to such m;1ln~e- nance, repair or construction. J. Whenever any Party is not obligated hereunder to re- store, repair or rebuild any ~uilding that has. been damaged o~ ( destroyed and elects not to d9 so, then, and in such event, s1.1ch Party shall raze si ... ch building or such part thereof as has be,2n so damaged or destroyed and clea.r the premises of all debris and shall ' &. cau::;e said area to be pavec1 a·t its expense; and thereafter said area shall become a portion of the Common ArecBuntil such time as said Party may elect to rebuild thereon. If any dispute snali arise among the.Parties, such dispute shall be determined by arbitr:ation pursuant to this REA • .. §13 .4-J -65- 17.c Packet Pg. 778 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • -, I i -, •. '-•-,~-~---·-, ___ , ____ ----·-------------.. . , R .. 8-31-70 ( BOOK 7580 PAGE 3:68 Section 13.5 Waiver re casualty Losses Each Party hereby releases each of the other Partie:3 from any liability for any loss or damage of the type cover,~d by fire insurance with extended coverage, and grants to the ottier Parties, respectively, on behalf of.any insurer provid- ing such insurance, a waiver of any right of suLrogation wh:tch any such insurer of any one Party may acquire against any other Party or Parties hereto by :virtue of payment of any loss cov-· ered b~ such insurance. ,, .i ~RTICLE XIV MISCELLANEOUS --------- Section 14.1 Injunctive Reli~f In the event of any violation or threatened violation by any ! Party or Occupart oi -any part of the Project Area of any of the terms, restrict .... ons, covenants and conditions heJ:ein provided, any of tbe I-arties shall have the right to enjoin such violatic~! or tl:,:.c~a.tened violation in a court of competent juris- diction. Prior to the commencement of any su_ch action, notice of such violation shall be given to the other Party or oth01= Person responsible therefor. Section 14.2 <;elf Help In the event any Party shall fail to perform (a) t1Jo work or furnish the services referred to in Articles VI and XII, or (b) any of the terms, provisions, covenants or conditions to be performed o:;.:-complied with by such Party on its Parcel(s) . I . §13. 5 .-6 -o - Art. XIV-§ JI! . 1, § 14. 2 ,. tdnu • 17.c Packet Pg. 779 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I , • -' -- r .. I _____ -_-_·_"_:--_-··_-~ ·:·::: .. :_; _7_· -,~.·~•t•. : .. :.:.a.,_.~-·"·····' r , . ~ l ~ R.8-31-7C £i:iOK 7580 PAG~ ~fJ9 ,,.. pursuant to the provisioJ1s of thi.s REA upon or as to the t~om- mon Areas or Parking Area on its Parcel, the other Parties shall each have the right to enter upon the Common Areas and Parking Area of su.ch Party (without being obligated to do S( J to perfo .. :m such work or f.urnish st,ch ;,:;ervices. As a condition of the right to the performance of :-iny work CL-furnishing 0£ service by one Party upon the Common Areas of an:z, ,ther l'ur.ty, notice of its intention so tu do, specify- ing tt,,, wr, •. to be performed, shall be given to the c1efau.' .:.:ing Party:, provided herein and not le!'ls than ten (10) dayr prior t0 t.he commencement of such work(or not less than forty-eiqht (48) hours after servi~e of such notice if in Lne judgment of the Party <; ~--' ing notice, reasonabJ y exercisL.J, such default relates to.a matter which 1-of an emergenc_; nriture). Duri,1•J such ten (10) day .period or forty-eight (48) hour period, a:s the case may be, the defaulting Party shall have the right to perform or commence performance of such work, and provided sue: work is a: liqcntly ca·rried _~o completion, the right of each other Partv to perform such, work resulting from such default shall be automatically terminated. Up-:>n comoletion of ·such wo~ k or service furnishC>d, •:>r -! ' from time to time if the work or service is of a con' ~JH • .;.ng nature, an itemized statement of the cost thereof shalJ he submitted to the defaulting Party and tne amount thereof sh.111 be immedia,tely due and payable by ,_'1e defa,.:;,.tin':1 Party to t ,o §14.2 -67-- I I I I \ ' ; I I ' :I I ______ --------· ---~---··---·-·-~---··--. l -·------==== • ' ' : •• 4• ... ,, ; • -: • It .. -' _\ '.' : \ • • ' •• -• 1· ;_ ,( .. .... --,,, ... , ... -.. ··-......... -... ~---""--===-----------~ - 17.c Packet Pg. 780 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,---..... --------l I . . --l' R. 8-31-·10 R.11-4-70 ·i t l· - -,, - --~ :1111 .'! ·~ -... ,,· ., Party sn performing. Such ,;tatement of cost sL , ,r~ · int~rest at one percent (1%) over the then prime interest rate per annum (but not exceedi,:g the maximum rate permitted by la,.; until paid. Ench Party shall have the right tr, ded1.'-ct th,! amou'.1t payable by i l., without interest, from any sums then due or thel 7.f,or becoming due by such Party to'the defaulting Party. If the. ruaunt thus stated is not paid within thirty (30) days, the Party p~ ~orming the wor1-: nr service, by serving a written not -ce uJ::-'un th(~ Party own- ing . he Parcel (s) upon which the work was pc ··form •r1, desc-ribi.n9 the entire Pa:r:cel (s) OW!JE:d by such Party in thP Project Area, the n~ture of i_he \:Ll;k or SGrvices and the cost thereof, ,,nd record- ing a copy of sucl1 notice ~n the, ffice oft: ! :ze...:order of l]an Bernardino County, shall etitablish a lien upon the Parcel (s) of , such Party in the Project Area in the amount stated in the J::-eco fed nc;, ice. No lien shall exist un':i_,_ such noti'-'t recorded. pr'.-·~: i-v of such .1 i, :1 shall be determined as of the date vf ing t' .~ same of rEc'cord, but such lien shall in any event ,_ 1'h +, L-.. ,.._ sulf ·~dinate to any first mortgage, fir~t deed of trust or financ- ing leaseback as respects, ".f Parcel(s) of a Pc:1.cty. Suen lien shall C"0nt; '1Ue until fully discharged but in no event ; .)n( . five (5) years from the date of recording and may be fo1::-eclosec, in accordance with the law pertaining thereto. Such lien shal also ::.;1;c: ..ire the reasonable costs and expenses of enfo; ..:ing the i sarno, inclnninsr interest trc,m the date of recording ,, •· :.e rate of seven percent (7%) per annum and attor.·neys' fPes. In t!.~ eve,-._ any mor·tgagee, trustG:t! or beneficicry under a deed of trust, Party, Occ'Want, fee owner -~,;_-·:es see of record shall • request that it be given fimultaneous notice un, ,-tl1is Section, all notices shall be given i.n compliance with f'"1r.h request if -68- ~I 1__.XOM S --·-rltd __ ,_,.,. _____ • 17.c Packet Pg. 781 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,. 'i~.IL....,,-. _,.,__ __ ,, __ •--·•-----•-------·-~-...;..._-------,-•·_ ..... ~ - • - . " = R.8-31-70 R.11-4-70 :~. 11-16-70 / ) \__ .· ( ) BOOK 7580 PAGE371 notification of such request shall have been given to th9 othe:r Par- ties. Nothing contained in this Section shall be deemed to apply to the Agency Parking Parcel or the Agency Mall Parcel so longr as the same are leased to the City under the City Leases, except if Agency has taken over the pelformanc,.:! of the ob2.igations of City under the City Leases pursuant to ~he last sentence of Section 6.1, in which ' event this Secti)n shall be applicable. Section 14.3 Unavoidable Del~~ If performance of any a1~t or obligation of any Party heri,n is prevented or delayed by Act of God, war, labor disputes or othl". ~ at1se or causes beyond the reasonable control of such Party, the performance of such act or obliqation shall be extended for time fr the ' the p riod that such act or performance is prevented or delayed by any such _ause or causes. ,, Section 14.4 Notic~ as Prereq~isite to Default A Party shall not be in default under this agreement excE\,t under such provisions as require the' performance of an act on or before a specific date or within a specified period of =.ime unless such Party shall have been given a notice specifying such default (a) within the period of thirty (30) days (except under Section 14.2) or (b) commences to cure such default within such period of time if such default cannot be completely cured within thirty (30) days (except under. Section 14.2) . and thereafter diligently procee!ds to complete the curing of su,~h default. Section 14.5 Brea~h Shall Not Permit Termination It is expressly agreE:id that no breach of this RE.~ shal 1 enti tlc any Party to cancel or rescind or otherwise terminate this RF.A, but such limitation shall not affect in any manner any other rights oc rem-- edies which the Parties may have hereunder by reason of any brc:!ach of this REA. § 14 . 3 to § 14 . 5 -69- - ·l ' • 'i 17.c Packet Pg. 782 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r l._ __ -'el1.------·-----------------~----------------· -,II, •• ; _-_----.. ----°'~-~1..,: "• '1 - ( ' ./ R. 8-31-70 [)DOK 7580 PAGC372 ~ • Section 14.6 Brea~h Shall Not Defeat Mortgage A breach of any of ·the terms, conditions, covenants o:i:: r -. strictions of this REA shall not defeat or render invalid the li of any institutional first mortgage or institutional first deed of trust made in good faith and for val 1.1e but such term, condition, cov- enant or restriction shall be binding upon and effective against any of the Parties whose title to a Parcel(s) or any portion ther~of is acquired by foreclosure, t1ustee's sale or otherwise. Section 14.7 Attorneys' Fees In the event that at any time during the term of this REA any Party or Parties hereto shall institute any ilction or proceed- ing against the other or others relating to the provisions of this P;:;:A, or any default thereunder, then and in that event the unsuc-- cessful Party or Parties in such act.icn or proceeding agree to reim-· ' ' . burse the successful Party•or Parties therein for the reasonable .. .,. expense of attorneys' feespnd costs of suit incurred therein by ,, the successful Party or Pa~ties. Section 14.8 Tim.9 of Essence . Time is of the ess~hce with respect to the performance of ~ each of the covl:!nants and ;-,greements contained in this REA. ~ Section 14.9 Gov--lrning Laws., This RF'...A shall be construed in accordance with the laws of the State of California, Section 14.10 Waiver oE Default No waiver of any default by any Party to this REA shall ~e implied from any omission Ly any other Party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time speci- fied in such express waiver. One or more waivers of any default in • § 14 • 6 to § 14 . 1 o -70- t • 17.c Packet Pg. 783 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ~rl _______ _ .... •• - _.. R.8-31-70 ( BOOK 7580 PAGE37b the performance of any term, provision or covenant contained in tr.-'_,::; RFA shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provisj on or covenant contained in this RF...J\. The consent or app::oval by any such Party to or of any act or request by any other Party requiring consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent sim- ilar acts or requests. The rights and remedies given to any Party by this REA shall be deemed to be cumulative and no one of such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at la.w or in equity which any such Party m1.ght other- . h b ' t 'f 1 d . · · wise ave y virtue of a 4e' au tun er tnis REA, and the exercise of one such right or remedy r· y any such Party shall not impair such Party I s standing to exerc 5r-: any other right or remedy. ,. Section 14.11 No ~artnership Neither anything in this RFA contained nor any acts o:f the tr hereto shall be aeE:med or construed by the Parties he1,eto, or Pa1:ties any of them, or by any third person, to create t:he relationship of principal and agent, or of pQrtnership, or of joint venture, or of any association between any of the Parties to this REA. Section 14.12 Successors This REA. shall, except as otherwise provided herein, be binding upon and inure to the benefit of the successors and assigns of the respective Parties to this REA .. Section 14.13 The Parties each represent and warrant that they have not engaged any b·~oker, finder or other person who would be entitled to any commission or fee in respect of the execution of this REA, and each of the Parties agrees tjo indemnify and hold harmless the other against and in respect of any and all losses, liabilities or expenses which may be incurred by the other as a result of ar1y claim which may I be asserted by any such brokiJr, finder or other person on the basis of any arrangements or agree'l'nents made or alleged to have been made on behalf of such Party. §14.11 to §14.13 -71- -~--..------- "" JS: 17.c Packet Pg. 784 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. ,.1..__, -·,,....'~-----"•i-. 1' ! ------------l·------"-~--------------;i~,, ... _ __.~ ... J . .,, 1;, i; R.8-31-70 ( { ) ; I ,· . j t,OOK 7580 PAGE 37 4 ARBITRATION OF DISPUTES Section 15.l Arbitrable Matters •rhe provisions of this Article shall <;rovern the determi-· nation of only such disputes which, by the specific provisions of this REA, are to be resolved by arbitratlon and shall also gov- ern all disputes arising from the failure or refusal of the Pro- ject Architect to approve matters submitted to him by any of the Parties pursuant to the provisions of this RF.A. Section 15.2 Arbitration Procedures In the event that any Party notifies the Project Archi--. tect in the case of any plan or proposal prepared by or requir- ing the approval of the Project Architect, or the Party making the proposal (if approval of ~uch proposal by the Project Arch- itect is not required;, of its objection in writin.g thereto ,. within the period of time from the date of submission spE:cifically provided hereunder, then upon written objection being given to all Parties to any plan or proposal .submitted, in cases where approval of the Project Architect is required, the Project Architect on bis own motion or at the request of any Party sha·ll, and in all casAs where Project Architect's "1,Pproval is not required, the Party making ..:he proposal may, by notic~, call a meeting to be held within te:--, (10) days from such date to1 blf:' attended by all Pilrties or their I ,• duly designated representatives and, if necessary, by the Proj~ct Architect, tc, resolve and determine such matter. 'l'he Proj cct Arch- ~ itect shall not vote. A una.11:imous decision of the Parties in attend-- ance shall be required. In the cv.ent such meeting is not called or held within such period or if the matter is not thus finally Art.XV-§15.1, §15.2 ·-72- --,.··-· --- j. I ' . --·- 17.c Packet Pg. 785 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - .. ·., ·--··---·-··•--·-----·-·------··--·---· R.8-31-70 () • • ----.-.~'---··-•----=-·-·-'" ,· , 0 bOOK 7580 PAGE 375 determined, any Party sh_all have the. right upon v.7rittcn notice -:· to each of the other Parties to have the mat~er determined by one (1) arbitrator selected in accordance with and governed by 1:he rules of the AmE!rican Arbitratior. Association. When approval of the P:..:-o- ject Architect is required-, the arbitrator shall be a mcnwer of an archltectural engineering firm experienced in and having an estab- lished reputation in the development of regional shopping ci~nters, and in all cases where the,Project Architect's approval is 11ot ~ . involved, the arbitr~tor sh)ll be a recognized expert experienced ' in the operation of regional shopping centers. Such arbitrator, and if necessary the Project. Architect, shall meet within tE~n (10) days after selection is completed to study and consider the plans or proposals and objections thereto. The decision of said arbi- trator shall be final. If uny procedural matter shall arisE? in the arbitration process, th,r-satne shall be resolved in accordance ,. '· with the provisions of Sectlon 1280 of California Code of c~ivil Procedure. Each Party shall beai-: its own expenses, except those relating to the services of a Project Architect or the arbi1:rator, which ex~ense shall be divided.and borne equally among the Parties. -73- '.,. ,.,..-~·-.............. ~ .......... , .......... ~ ... .,,, ... . ----~-..... -... , ... " ..... , ........ .., ....... .,_ ... ~.,~ . ..,. .. ··-~--~-. ., • ·, l ---__ --_ -_ -_ ~---=------_-_•-_-____ •--_-_··-_-_· ________ -_-_-_· _-_-____ --_--_--_~_·=---='===~~~~~~ .. , _____ _;;;;;;======;==-------------- 17.c Packet Pg. 786 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) '~. -~·,1-...· ·--- "'" .11' -~ ,~, - - -· - -I t - . ... \ -· --·-.-•-·--------·----~- R.8-31-70 R.9-28-70 R.10-5-70 .. 0 0 • AR'l'ICLE XVI DURATION, EXTINGUISHMENT, CONTINUATION A!-'JD__!10DIFICATION Section 16.1 D\lration BOOK 7580 PAGE 376 A. Except as otherwise provided in Sections 5.8, 12.1, 12.2 and 12.3, and Article XXI, this REA and each easement, cov- enant, restriction and undertaking of this REA shall be :!:or ct term of fifty (SO) years and shalil continue in full force and effE!Ct there- ~ after so long as at least fifty percent (500/4) of the aggregate Floor Area of Developer Parcels, Penney Parcels, Monwar Parcels and Harris Parcels fsuch Floor Area being calculated as of the la st day of said fifty [50] year term) shall be used for the uses per-· mitted therein under this RFA (but not longer than ninety-nine [99] years from the date her~of), except that each easement , . grant~d pursuant to Section 5.5 shall ce>ntinue so long as such easement is used by a Party and shall terminate upon non-use • for a consecutive six (6) m~1th period, unless notice has bee,n given by such Party to the other Parties during such six (6) month period of its intention, subject to unavoidable delays, to resume use thereof within_;teighteein (18) months follbwing • the date upon which non-user commenced. B. In the event of the termination of this REA, and any Party is operating at least 1:00, 000 square feet of Floor Area on its Parcel, and at the time o.f such termination the building housing such Floor Area abuts its Pare+ boundary line, the Party so operati_ng such Floor Area shall have the right to obtain from City and/or Agency (and from Developer in the casg of Penney) an easement for in9ress and egress for pedestrian traffic to and from the entrances to su,~h struc- ture on the Enclosed Mall. Such easement shall be non-exclusive and be 2C feet in width and shall traverse the Agency Mall Parcel (ar,d Developer Mall Parcel in the case of Penne::_r) by the most dire<::t route to the nearest Parking Area. The easement herein provided foi: shall Art.XVI-§16.1,A,B -74- ·-···--······· --··-····-----------·----· ··-···-··-··- 'i ' ' ' I l ' ; .~ 1 ' ). I 1 ' i ' ( i \ ' I j ' 1 • 1 ~ j l ,I 17.c Packet Pg. 787 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -------"----,---••r••o -. -.---.,, -,~i;,.1 ~ .fi __ l __ ~~'----~-----··-,, ------. I, d i"'"£,7 - -:w. I ' ' l i I ' I I t ! ~ l R.8-31-70 R.9-28-70 R.10-5-70 () -· BOOK 7580 PAGE:377 continue for so long as s\lch,amount of Floor .Area is in fact operating, not to e>:ceed ninety-nine (99) years from the date hereof. It is ex-l pressly understood and to grant such easement for whose benefit the agreed that the covenant r-f City and/oi: Agency \ shall be specifically enforceable by the Party I same shall run, in a court of proper jurisdiction.1 Section 16.2 -Right to Modify, Terminate, Amend or Extend This REA and any provision, covenant, condition or re-· striction contained herein (other than those relative to main-· tenance of the Required Parking Index and Section 23. 5) may bE~. terminated, extended, modified or amended as to the whole of the Project Area or any portion thereof, ~•?ith the consent of the :>arties in interest of the real property then subject to this REA; provided that whenever any parcel of land is owned by a Party whose inter.est is, divided a.s covered by Section 1. 7, then the consent of such Party to any such t,ermination, exten- sion, modification or amGndment shall be determined as set forth in Section 1.7. No such termination, extension, modification or c.mend- ment shall be effective until a written instrument setting forth the t.erms of the same has been executed, acknowledged and recorded in the Office of the Recorder of San Berna._·dino county, California . No suchamendment, modification, extension or termination shall affect the rights of (a) any mortgagee under a mortgage or {b) the trustee or beneficiary under any deed of trust constitut- ing a lien on 4:he Project Area or any po.rt.ion or portions thereof at the time unless such mortgagee, beneficiary or trustee con- sents thereto. No lessee, licensee or other Person having a possessory inter- est, other than a Party, shall be required to join in the eXE!cution of or consent to any act of the Parties taken s\::bj ect to this SE!Ct ion. §16.2 -75- .... ·-~------. --- i I I ! r --·· --~---.._-.,,.__ ____ ....................... _ ...... _~---·-- -~' ll .. , .,.J 17.c Packet Pg. 788 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - •. 11 R.8-31-70 () 0 bOOK 7580 PAGE3:78 ARTICLE XVII NOT A PUBLIC DEDICATION Nothing herein con~ained shall be deemcJ to be a gift or d~dication of all or any portion or portions of Developer Par- cels, Monwar Parcel:3, Penney Parcels or Harris Parcels to the gen- eral public or for the general public or for any public purpose whatsoever, it being the intention of the Parties hereto that this • RFA shall be strictly limited to and for the purposes herein E!X- pressed. ARTICLE XVIII ~-'· SEVERABILI'I'Y -- If any clause, sente~ce or other portion of the terms, J ' conditions, covenants and restrictions of this RFA shall become illegal, null or void for any reason, or shall be 1,eld by any court of competent. jurisdiction to be so, the rew.aining por- tions shall remain in full force and effect. ARTICLE XIX NOTICES Except to the extent otherwise provid~d in Section 1.6, all notices, statements, deman-!s, requests, consents, approvals, authorizations, agreements, .offers, appointments, designations or other comm'l."~ications (herein ref,2rred to as ' . nnotices") to be given unfer in writing, addressed to 1':he or pursuant to thi::; REA shall bE~ Parties at their respective addresses as provided below, and shall be ~elivered in person, i Art. XVII -76- t • , ' ' , ' ' • I • ( f • t 1 • ' j l, ~rt. XVIII _______ A_r,._t_._x_I_x--------~-------·-------------------------- _;._ .. ,,_ --_, i ~, ',, • ··------·. ··-· _,.!.,. . I ' --,,,_.~-~-= i-~; __ ---~lL.L.~.,;_ ..__:.,,_,:.L:-~-.:~~-~~,-;~~:Z-.-.:, --- l j l ' ,, \ l ) i ' • ', • f ~ f. l " l I 17.c Packet Pg. 789 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = ., t I '' :''.\ R.8-31-70 0 0 BOOK 7580 PAGE 379 or by certified or registered mail, postage prepaid, or by telegraphoi: cable, charges prepaid. If mailed or telegraphed as aforesaid, such notice shall be cleemed to have been given tw,~nty-four (24) hours after the date of mailing, or date Ole delivery to the telegraph or ca.ble c:ompany. The addresses of the Parties to which such notices az:e to be sent shall be those of which the other Party or Parties actually receive notice,, and until further notice are as follows: In the case of Agency to: The Redevelopment ~gency of the City of San Bernardino, California 323 court Street San Bernardino, California 92402 In the case of Developer to: Johns. Griffi!: & Co. Post Office Bo 5308 Buena Park, Cal'fornia 90620 In the case of Periney to: ~-c. Penney Company, Inc. 1301 Avenue of the Americas New. York, N. Y. 10015 Attention: Real Estate Department with a copy to: J. c. Penney Company, Inc. 98 Post Street San Francisco, California 94104 Attention: Real Estate Department In the case of Monwar to: Monwar Property cotjporation 2825 East 14th Street Oakland, California 94616 A.ttention: Assista-nt Secretary /,,,,-----. with a copy to: . Monwar Property Corpora~ion Post Office Box 7337 Chicago, Illinois 60680 Attention: Secretaiy , -77- 1 -------------·-----·---·----~·-··. ··----------·---.. --.... - j ! ! l I ! I • ' ! ,, 17.c Packet Pg. 790 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -· I - ---------~--~------ .. ·c-...,.--~--i.-------------------------.-oii---------------.. -----1 Ji () • R.8-31-70 f'iOOK 7580 PAGE3~:q In the case of Harris to: The Harris Company Third and "E" Streets San Bernardino, California 92401 In the case of City to: rv of San Bernardino ~ '. l Hall Sar Bernardino, California Att .!ntion: City Administrator In the case of Upham to: Upham Development Company Post Office Box 940 Mineral Wells, Texas 76067 Attention: Mr. Chester R. Upham, Jr. In the case of Trust to: Connecticut General Mortgage and Realty Investments c/o Connecticut General Life Insurance Company Hartford, connectic~t 06115 t Any notice of defaulL given to a Party shall also be given to the truRtee under ~ny first trust deed, the first mort- gagee, or the lessor under a E~le and leaseback affecting thE! Parcel(s) of the Party assented to be in default, whose identity t ~ and mailing ac"ldress the Party giving such notice may ascertain by means of a lien and encumbrance·search of the Official Records -78- • • . ,,. ·-·---------··----·•··· '-----·-. --·--•-··••--·-··------------~--·•-·-·---· ..... -' . ------·· ·-· ... .,. ______ _,.,_,,._, .. ___ .,.,. __ _,..._.,,,,. = .r: ~~~~--------------~'--.·"'"" ,. " i 17.c Packet Pg. 791 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • I •"·'. \ ' :_,. _______ _,,,...-----~--~~-------------,----~, • - - • - R .8-31-70 R. 9-28-70 R.11-30-70 () () bOOK 7580 PAGE3~~1 of San Bernardino County. Such trustee, mortgag~e or lessor shall have all rights of the Party asserted to be in default to cure such default. A failure to deliver such notice to such trustee, rnortga.gee o lessor shall not affect the valid-· ity of _the notice of defa lt as it respects such Party, but shall render such notice ineffective as it pertains to such trustee, mortgagee or lessor and its estate in or lien upon the Parcel(s) of such Party. AR'l'ICLE XX APPROVALS Whenever approval is requirt:d, it shall n0t be unrea:;;- onably withheld. Unless provision is made for a specific peic- iod of .time, the same shall be deemed to be thirty (30) days, i and if any Party shall neitl~er appr(;ve r..~r disapprove within • ' said thirty (30) day period, the Party shall be deemed to have given its approval. I_f a Party shall disapprove, the reasons therefor shall be stated with particularity. Agency shall first obtain the approval of Developer and Department Store Partie:5 prior to taking any action, exercising any r{ght, or giving any approval or consent as resp~cts the city Leases . • Wherever in this REA a lesser p_eriod of time is provideci. for than the thirty-day period hereinabove specified, such time ; limit shall not be applicab:J.e unless the notice to the Party whose • • approval or disapproval is :i;equirt~d contains a current statement of ---the period of time _within which such Party shall act. Failure to / / specify fluch ~ime shall not invalidate the notice Lut simply' shall require the action of such Party within said thirLy days . Art.XX -79- • -----·-----·-. ~ . • I f ! I , ' ·1 • 17.c Packet Pg. 792 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) 'L -_---~,-. ·.· . .,.,_ .... ,,, ............. ,....;!4~'""· .: ............. _:_ ... ,, .. , ___ ,1111 .... , ........ ~ ....... , ... --.,www-J .. • • .. .. ----............... ~ ..... ,....-,.,. ...... -.............. ,., •. ,_ ,i ~ . . ,, --"' ~ . ., ~ -· • L - - =--~ • • I I R.8-31-70 0 80DK758Q PAGE3:82 ARTICLE XXI -- CONDElv'iNATION Any award, whethe~ ths same may be obtained by agreement or by judgment in a legaJ~ proceeding, resulting from a taking• or damaging by condemnatitn of the Project Area or any por- tion thereof or interest therein or resulting in a requisition- ing thereof by military or other J,ublic authority, shall be paid promptly by the persons rec~ving the same to a bank or trust t!- company agreed to by the Pai,.ties, as escrow agent, to be dis- tributed among the Parties in accordance witr .. the provisions of such agreement or judgment and this REA. The Parties rec-· ognize that as bet,,•een them, their resr:>ective interests in any award as to a particula:i: Parcel of land within the Project Area which is subject to condemnation shall be determined upon the basis of the fee ownership of such Parcel. bu.t that any part of the award the creation which represents severance damages arising from I ' •• of easements o~•other rights over the various Parcels in the l'roject Area shall not be distributeci in accord- • • ' .. ance with such fee owners 111.,, but shall be distributed among the Parties as pr.ovided i~ this Article. A. If fee t::.tle to all or any porl:ion of the Park- ing Area or other Common Are~s shall be condemned, the total • award shall be distributed by the escrow agent. to City -80- • f I ' .. -• .-•---,-·---··· ___ ...... ·--·-·~··---_______ ...,... < -· ·-•-_,.._ .. ----•···« ... ·• . . .. .. ·--·---·-__ _,_.,. ·-··---- , ----~~!!!!!!!!!1C!!!M!!!!!!l!!!!!!!!!!!!~=!!!<t!!!!!CZ~!!!!!!1!!!!1!!!!!!!!!!!!!!-~!!!!!-----!!'!!!•t!l!;!t'it-l ---•!!!!!•-~I._ ______ ... ____ ~----~--- 17.c Packet Pg. 793 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - - - JI ..--..,.__,_ . ·•·--·-~--·----------------·-•·------------.,..--------i....------------------ R-8-31-70 R. 9-28-70 0 ( ) _, and/or Agency and/or Developer, as their interests may appear, to b~ used by City and/or Ag.ency and/o~ Developer to recon- struct equivalent Parking A.rea (including any parking struc-- tu.res) or Common Areas, as the case may be, in a location(s) and pursuant to plans approved by Developer and Department Store Parties. Should the proceeds exceed the cost of such reconstruction, then such excess proceeds shall be paid to ' City and/or Agency and/or De•;.,eloper, _as their interests may appear. In the event that despite guch reconstruction the Parking Index (after. completion of such reconstruction) would not be at least equal to 85']~ of ;the Required Parking Index, this REA shall terminate effective upon the date of notification of election to terminate by at least two of the following four Parties, to wit: the Department Store Parties and Developer. B. If fee title to all or any portion of any Floor Area within the Project Area shall be condemned, the total award (exclusive of ~ny award or compensation paid for any • Common Areas or Parking Arecf) shall be paid to the then owner of the Floor Area so taken to be held in trust and used for restoration ==3.nd reconstruction thereof in the same ma.rner as is provided in Section 13.4 hereof consequent upon damage or destruction by casu1.lty, any excess of such award over cost of reconstruction of such Floor Area to belong to owner of such Floor Arr:a. In the eve~t that despite such reconstruction such Floor Area (after compl~tion of such reconstruction) would not be at least equal to 75% of the Ploor Area existing prior to such condewnation on Parcel~ A, B, C, D-1, D·-2, E, F, G and M, I I this REA shall terminate effective the date of condemnation. ' Art.XXI-B ' -81-.. • ' I 'i 17.c Packet Pg. 794 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) f I ------------~------------~--- () rr.8-31-70 bOOK 7580 PAGE38~l ~ c. With respect t6 the c~ndemnation proceeds or " award referred to in paragrcfph A of this A~ticle, the same shall be placed in escrow with an escr0w agent approved by i a m~jority of the Parties add shall be paid by said agent to !~ency and/or City and/or Developer in progress payments during the progress of the :i:estoration of the Parking Area or other Common Areas, as the case may be (to the extent such proceeds or such award will permit), as follows~ (A) at the end 0f each month or from time to time as may be agreed upon,, there shall be paid against such Party's architect certifica1:es " an amo, · which shall be the proportion of the f'.lnd held in trust wh.1..ch eighty-five per ·ent (85;G) of the payments to be mc?.de to the cont.racto::.. s or . · :iterialmen of such owner fo' v. ,rk done, materials supplied, a~d services rendered during each month or other period-bears to the total contract price (pur- su~nt ~o a contract or contracts for such restoration approved' by r1ll Parties prior to e::ecution t 1 1ereof witL the contractor (s)), and (B) at the completion of the work, the h;:ilance of such monies • l . required to complete the payment of such work shall be paid to such Fart: ; provided that at the time of each payment (1) there • are no ·• iens against the property of such owner by reason c,J.: such work and that with respect to t.he t;_rne of payment of any balance remaining to be paid at the completion of st~ch work, the period within which Art .x:. ·: r 1/· -,...._.~.~--....,-.............., __ ··---·--·--~ .. ,._;· ,_. . ~ ,._ •.. : '·, .. a l:itn / I / ( I may be filed has expired or t-82- ~:::::;-- -----------~================== - i ' < 17.c Packet Pg. 795 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) H; -I. • ·:; • ~- ' r ' r R.8-31-7ri 0 I (") BOOK 7580 rAGE ~J85 that the other Parties hereto are satisfied by !")roof submitted by such owner that all cos-t:s of s, ~n work theretofor incurr!d have been pai(, (✓,) such owner's architect shall certify th t all work so far done is propeI' · and 0£ :"l quality and c 1 :1s., ~:;qual to the original work required by this RF7\ and in accordance with t.he plans aad specifications, and (3) such Party shall furnish l to the escrow agent evidence satisfactory to sa ..... d escrow age,nt that all previous advanceR have beGn devoted to defraying t!.c actu;, 1 cost of such work up to the amount of such cost, or that such c JSt has actually been paid by such Party in the amount of all such previous advances. In no event shall the escrri-,, ag~?nt be liable for any amount in excess of the net proceed ... --JF • ,e award in condemnation. Should the cost of such work ex _,a the net proceeds of the award in c, .. uernnaticn, such ;:arty shall pay such additional cost. Any. issue which is not resoJ ved bJ a1,.y jur'lciment in the condemnation proceeding or supplemental determination therein shall be resolved among the Parties under the provisions of Article 'XV • ("'.' I ,. t , ' -83- I I 1 • l ' f l ! l ' ' ____ , ___ _ .... ---· ·-----------------· ·------------- ; l l l I 17.c Packet Pg. 796 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -ii ,J~ .. ~!1::i·1 ---· ;--~-.. •. -·-· l..__,,,_ •. .,., ~'-----·----------------------Cl)i .. JQ -I --------------·· -----"'"'! = .., ,. -·., R. 8-31-70 ) ARTICLE XXII M.2!CHANICS' Llli:NS (~ ) BOOK7580 PAGE386 Wh~rever under che tc!rms of this REA. any Party i!3 permitted to perform any work upon the Parce1 of another Party, it is expressly understood and agreecl that .b Part:y will not permit any mechanics', materialmen' s or oi..her sim-- ilQr liens to stand against the Parcel upon which such labor or material has been furnished in connection with any such we 0 ·k perform0d by any such Party. Such Party may bond ar1d cont(-'st the validity of any such lien but upon final deter- ', rr."-' .ltion of the validity atld· the amount thereof, such Party f: ·• ,..11 immediately pay any f.udgment rendered, with all p1.·oper • costs and charges, and shall have the lien released at such Party's expense . Section 23.l ARTICLE XX.III MUTUALITY, RECIPROCITY: RUNS WITH LAND __ ...;;:..,___~--~ -'------ Dominant and Servient Estates -~~~~,..,;.;;;..,;._. ___ .:., Each and all of the easements and rights herein granted or created are appurtenances to the applicable portions of the Project Area and none of such easements and rights may be trans- ferred, assigned or encumbered except as an appurtenance to such portions. For the purposes of such easements and rights, the Parcel (s) benefited shall con_stitute the dominant estate, and ' the p':lrticular Parcel(s) in the Project Area which respect- ively shall be hurdene<;by such easements and rights shall con- stitute the servient Elstate. Art.XXII Art.XXIII-§23.1 I • -84- I 1 ---------·~-~-----------·---------· ·------·- ~ ... --------------·--------·----·---..#--· I .. l I "' 17.c Packet Pg. 797 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. , ,. -_., ,_ -" -- ~ --- - - I. ,, R.8-31-70 () () BOOK 758U PAGE 3~l7 Section 23.2 .c.ovenants Run With Land Each and all of the covenants, restrictions, condi- tions and provisions contained herein (whether affirmative or negative in nature) (a) are maci.e for the direct, mutual and reciprocal benefit of each Parcel of land in the Project Area, (b) shall create mutu.al equitable servitudes upon each Parcel of land in the Project Area in f~vor of every other Parcel, (c) ~hall constitute covenants running with the land, (d) shall bind every person having any fee, leasehold or other interest in any time to time to portion of l the extent the Project Area at any time or from ~hat such portion thereof is affected or bound by the covenant, restricti)n, condition or provision in question, or that such covenant, restriction, condition or provision is to be performed on such portion thereof, and (e} shall inure to the benefit of each Party and their respective succ~ssors and assigns as to their interests in their respec:tive Parcels of land in the Project Area. Section 23.3 Assumption by Grantees and Release of Granters - Each Party having a fee interest covenants that in each instance in which it conveys a fee title to c:111 or any porti,:,n of the Project Area to a Grantee, the Granter in such instance will (a) require the Grantee thereof to agree not to use, o, ~upy the same in any manner which would constitute a violation or breach of any of the affirmative or negative covenants in this §23.2,§23.3 -85- ·-·······•· .. --.~" ---·~···--------·--·-·---·----~--··-~- ' I ; l ___ ........_ ___ , __ _,.,.,, 17.c Packet Pg. 798 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ---~-·-·--~~ "•·;;], ..a,ii·, ' • -~~-•----"!'•* ...... ":t.2r4~-----'""~---.. ~-----•---•------------••llilii,.,i------------1-MI_IYI_IIIII ir --~ -- ,, ( ) ' ....... ( ) R.8--31-70 bOO~ 7580 PAGE 3,98 REA, and (b) require such Grantee to assume and ctgree to perform each and all of the obligations of th1:! Granter under thi"> REA with respect to the portion of the Project Area so conveyed in fee to such Grantee, in each case by a written instrument executed, ;, acknowledged and recorded i~1 the offic~e of the RecordE'r of San Bern- ardino County. Notice of each such conveyance 2nd agreement shall be given to each Person owning fee title to any part of the Project Area and also to each Party which is not-a fee owner, by the Grantor involved within ten (10) days after tl1e making·t11ereof, which notice • • shall be accompanied by a ci>PY of such conveyance and agree- ment. Upon such assumption by a Grantee and notice thereof, the Granter will thereafter be released from any further obli- gation hereunder arising thereafter with respect to the part of the Project hrea so conveyed to such Grantee in compliance herewith, without the necessity of any further act by anl Party. Each Party shall execute and deliver any necessary or appro- priate further documents or assurances to evidence such release for the purpose of recording or otherwise, which documents or assurances shall be duly executed by the other Parties or any Grantee of the Parties, as the case may bi:!, to any such Gra~1tor; t provided, however, no Party--shall be relieved of its respective obligations under this REA until such Party shall complete all improvements contajning Flofr Area in the Projec~ quired by this REA (and in the case of Developer, -86- ( --_______ ...,,.._,,,_________ --···--·-•---·•----· -----··-···"-·---,·--·-·· . ' ·" .rea as r.e-- shall complete i i ' I i • ..;· i ~--------------------· ----.....__ ...... ' 17.c Packet Pg. 799 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,,1 ~~"L-~------------llllliillml-------....... i ., -.. -- .. R.8-31-70 0 I ' the portions of the Enclosed Mall on Developer Mall Parcels) and has received a certificate of such completion from Agency, which obligations shall be personal to such Party until such completion. Section 23.4 Special Provisions as to Mort- gages and Sales and Leasebacks A. IL the event th::it any Party shall sell part or all of its Parcel for the purpose of financing the improvements on its Parcel, and shall simultaneously enter into a leaseback of not less than thirty (30) years with such fee owner, whereby the seller shall have the possessory rights in said real prop- erty subject to the terms of said lease, then and in that ev,ent it is expressly understood apd agreed that so ·1ong as said lease remains iri existence the fee. owner of such Parcel or portion ; thereof, shall for the purpo13es of this REA be qiven all of the ; same rights and privileges a~ the holder of an institutional first deed of trt•st or institutional first mortgage of said real property, ., and such fe,.3 interest shall i,-iot be subject to any lien which might be crE.ated pursuant to any of the provisions of this REA to any greate~ extent than would be the hol,er of such deed of trust or mortgage. In the event of a~y termination of such leasehold interest, and notwithstanding any language in said lease pre- venting a merger of title in said fee owner, such provrsion shall not be operative to relieve said fee owner and its respective §23.4 -87 - ~-• --·-·· -·--·· ·-•-···· ---~----... ·-~--~-... ---•-4 -----·-·····-·•-·--•---------··· ·---····-•- -~---- ' ' •l 17.c Packet Pg. 800 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - .l : ? ~11 -_,~~-~·:.E..·--, ... ,,,_ ..... _,,,l.,~-------------------------------..:i:.----------.. ------·-_.. :iilii .. !!! a;1 I I ( R.8-31-70 j r, ... BOOK 7580 PAGE!)90 ' successors or assigns of the obligations under and pursuant to the terms of this REA, exclusive of the obligation of the respective covenants as provided in Article XII as to which there shall be relief of said fee owner and its respective successors or assigns: provided, however, that the fee interest shall not be subject to liens as provided for herein which are superior to said fee ownership during the first twelve (12) months in which the leasehold interest and the fee interest shall be held by the same Party, bui.. thereafter shall be so sub- ject unless a new lease shall have been entered into which would otherwise comply with the provisions of this Section or the lE?ase shall have been assigned to a new Person, in which. event the l:ights of the fee owner shall continue as though no default had take:1 place under said lease. In the event of the merger of the title to the fee interest and the leasehold interest in an institutional ... owner as hereinabove provided for, then and in that event as respects such institutional owner the provisions of this para9raph shall be of no force or effe~t whatsoever. The lessee under ~tny qualifying lease, a~ herein provided, shall be deemed a Party hereto bO long as sai.d e is in existence. As used herein in this Section, the term "s 1., or Jlsale and leaseback" shall be deemed to include any lea by any Party of all or part of its Parcel for the purposes of financing t-!"le improvements on its I Parcel and simultaneous leaseback, and the provision::; of this -88- { ----·-••-------·----·--·-•~·--··--------•···-·-------· ---------------·- J 1 ·' ---·-----· ·----------~ ·==========~===-==-·---~---...... ... ~ , 17.c Packet Pg. 801 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .... -·· -·-··---· .... ·-· ., ...... --···--·------1·~-:--· ----------~--~ ---------- .::, ,. : ,, t c :a n a: r in ·-I a211 =-.l---~•-~1f•P ...... ,"1J;4~1-----,;...--.... ---------------------1111 --------------··----- I . . ., , - - , R.8-31-70 f "') ( / BOOK 7580 PAGE ~J91 Section shall apply thereto; and the terms "owner" and "fee" .. shall include a lessee and leasehold under such lease and leiase- back transaction in the same manner and with like effect. B. The covenants of the respective Department Store Parties contain~d in paragraph A of Section 12.1 shall, at the request of any lender cf a particular covenanting Department. Store Party be subordinated to the lien of any mortgage, inden- ture or deed of trust (including, but not limited to, any blan- ket mortgage, indenture or deed of trust which may cover any ' other property or properties of such covenanting Department Store Party, whether owned in fee or as a leasehold ) to the end that a purchaser or purchasers in any foreclosure p~oceed- ing or pursuant to any exercise of a power of s2le, or any g.cantee under a deed i!l lieu of foreclor.ure, and all succes- ,. sors to or through any such purchaser o:r: purchasers or. under or through any such grantee, shall take free and clear of the covenant of the particular Department Store Party contained in paragraph A of Section 12.1. The other Parties covenant and agree to execute and deliver to such Dt~partment Store Party and its: lender upon request t:1~refor such instrumr:ini.:s, in record- able form, as shall at any time and from time to time be re- quired (the form of which shnll be in the sole and al>solute judgment of such Department Store Party's counsel) in order t • .. -~ I l §23.4-B -89- r I ! i ----- - • • ---··-···•··--·•-· _____ _. ..... .------· __________ ,,.. ____ , __ _ i ··-·······---'--_, ~__:_..:..::::..~==~~~~~~~~~~~~~~~~:'.:'.':. -------~----· , ...... ------·---...... .. -,.__. .... .,~-= ----- 17.c Packet Pg. 802 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -.,·.,. ' . ' ·.,:,;.] .. ·. ;,_:_:'.'.j-•1 ..•. =•;;.J&ia,__,,,, _ _,"" ______________________________ ---·-'!t'I,,-.. -•' " •· if - - ... - .J - l ___ ,, ______ ' .. R.8-31,-7O ( ' ' ) () BOOK 7580 PAGE3i92 ~· ' to confirm or effect any ~bch subordination as referred to in ,. this paragraph. I Sect.ion 2.3. 5 Racial Covenants Each Party shall refrain from restricting the rental, saJ~ or leas~ 0f its Parcel(s) on the basis of race, color, religion, ancestry or national origin of any Parson. All such deeds, leaf:ies or contracts shall contain or be subject to sub- stantially the following non-discrimination r:r non-segregation clauses: §23.5-A A. In Deeds. "'I:he Grantee herein covenant::; by and for himself, his h~irs, executors, administrators-and assigns, and all persons claiming under or through them, that ~here shall be no discrimination against, or segregation of, any person or group of ~ersons on account of race, color, creed, sex, national origin or ancestry in the sale, lease, sublease, transfer, use, occu- pnncy, tenure or enjoyn1ent of the land herein con- veyeu, nor shall the Grantee himself or any per- son claiming under or through him er.;tablish or per- mit any such practiC"!C or practices of discrimination or segregation with reference to the selection, loca- tion, number, use or occupancy of tenants, lessees, -90- ,. ' f I i I l I ---•-···-··-"-' __ _ ·-•------~-~,..-------·-·-····--·· .. -·-•---·-·--______ .. _____ , ,, ..... -------·• l ' t 17.c Packet Pg. 803 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ·~:1, __ ....;...;L---------------------... ------~---•-••s•~s =-,,, • """Et"'" ii '----------·-- R.8-31-70 §23-B,C () '- BOOK 7580 PAGE:)93 t , I IA . ' .... sublesseP.s. sub·Je:ants or vendees in the lnnd herein conveyed. The foregoing covenants shall run with the land." B. In Leases. "The lessee herein covenants by and for him- self, his heirs. executors, administrators and assigns ·and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conaitions: 11 That there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, sex, national origin or ancestry, in the leasing, subJ ,~a sing, transferring, use, occupancy, tenure rJr enjoyment of the land herein leased nor shal:L the lessee himself, or any persons claiming under or through him, establish or permit any such ~ractice or practices of dis- crimination or seg:fegation with reference to the selection, location,, number, use or bccupancy of tenants, lessees, sublessees, s~btenants or ven~ dees in the land herein leased.'' C. In Contracts.• ,.. II: 11 There shall ,J:>e no niscrimination against or ' segregation of anf person or group of persons on account of race, Jlor, creed, sex, national origin or -91- .,, . • ---·------····---·------------"·------------· ·----·--••···----· ---·----·----· 17.c Packet Pg. 804 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ll ... ' ' :l R.8-31-70 R. 9-28-70 • BOOK 7580 PAGE394 i ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or any person claiming under o~ through him establish or permit any such practice or practices of di~:crimination or segregation with reference to the selection, locatj_on, n~unber, use or I occupancy of tenafts, lessees, sE'\es or vendees ot tho land.11 subtenants, subles- ARTICLE XXIV ENFORCEMENT OF CITY LEASES Section 24.1 ~ency Enforcement Agency covenants and agrees to and with each other Party to enforce.the provisions of the afo~esaid City Leases and each thereof, and take all reasonable and necessary steps to ensure that the appropriate provisions thereof are carried out for the benefit of each of the: other Parties. Without limiting the obli- gations of Agency hereunder, Agency agrees that. whenever it has the right to perform City's·, obligations in the event of a de:fault by City under said city Le"ses or either thereof, Agency shall undertake such perfonnance as may be reasonably necessary to ,:inforce said City Leases and each thereof, as provided in this Article. Section 24.2 No Termination Agency and City, respectively, covenant to each of the other Parties that, without·the consent of (i) all other Parties and (ii) the holders of any first mortgage or first deed of trnst ' §24.1,§24.2 ' -92- -"·-'"•···-____ ., __ ----------·~·-· .. -.......... --... -,-.-, ....... ------------· ---------·-· - 17.c Packet Pg. 805 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - - - ; 1 .. :e.t. ii I s :lltf .. , ... 1 ;, ! 1 @ j§ill±±C __ ,:3 I JU ~-. ··• • & ' ..,.,.. __ ..,...,i-.-• · , M.-••• ... ....,_,,...-,. tz l \ l ' R.8-31-70 R. 9-28-70 R.10-21-70 0 () BOOK 7580 PAGE395 upon the Parccl{s) of the Parties and/or improvements thereon (including the holder(s) -of any leasehold mortgage) and (ii.i) any fee owner(s) under al financing leaseback(s), they shall not unilaterally or by·mutual agreement cancel, terminate or rescind or in any manner modify, vary or amend the City Leases or either thereof. A. ARI'ICLE XXV CORRECTION OF SITE DESCRIPTIONS AND EAS.EMENT DESCRIPTIONS It is recognized that by reason of construction er.rors the improvements ff 1\,gency, the Floor Area of Developeir, ·and the Stores of Penney•, Monwar and Harris may not be precisely 1.'.:0nstructed within their respective Parcels as shown on Exhibit 11. • As soon as reasonably possible after completion of it.s improvemenlf:i each Party shall cause an "as-built 1 ' survey to be made of itH Par- cel (s) showing all improvements and common Areas and Parcel bound- aries. The cost of such survey shall be paid by each Party, unless more than one shall have joined in obtair1ing a single survey, in which event the cost the ~of shall be divided between such Parties in such manner as they s 11 have agreed upon. In the evenL such survey shall disclose that the improvements of the Party(ies) making such survey has (have) not \een precisely constructed within its(their) • ' respective Par<..!el(s), then promptly upon the request of any Party here,to, all of the Parties hereto will join in the execution of an agre,ement, in recordable form, amending Exhibits A and D to this RF/, so as to revise the Jescription of such Parcel(s) to ~oincide with the as-built perimeter of the buildings and improvements constructed by the owner of such Parcel(s). Nothing herein contained shall be t Art. XXV-1\. 1 -93- i I I I i 1 ! j I l ------··-••·-·"·•··~·--··----·--~---------·-------- . --•·--------.. -------~--"""·----~----·-·. -· ------... -~---,_._..._ ·- -~ 17.c Packet Pg. 806 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -·:i'''l~-~~---=ir.98-----··· -----__________ ......, _____________ --· -,~ ... MSSIIR~:."'}ll~,lfi,~, f • -•r w a 7 R. 8-31·· 70 (J ( ) ' ~ - • - 1 R. 9-28-70 BOOK 7580 PAGl:396 ! R.1O-21-7O 1 R.1O-27-70 I ' • deEnned to relieve or excuse any Party to this REA from exerci ng all due diligence to constru its buildings and improvements wit nits respective Parcel(s) ass own on Exhibit D. In the case of c •truction errors res~lting in cncro h- i • ments as to which a Party ~1y reasonably request a grant of e emunt, the Party(ies) whose Parcel(s) is(are) encroached upon shall g ant such easement in favor of, the Party whose improvements so encroach. In the case of construction errors resulting in encroachments ,.as to ·which a Party may reaso~bly request revisions in ··Parcel ac 1crip- tions (i) the Party(ies~ in interest of the Parcel(s) encroachcli upon. shall deed to Agency satisfactory title to the area{s) thlreof so ,P.ncroached upon, (ii) the Party whose improvements so encrolh • shall deed to Agency satisfactory title to any portion(s) of its Parcel not improved which would have been imprcved but for such con- struction errors and (ii!) Agency shall deed satisfact0ry titl~ to t the other Party or Parties involved in such Parcel revisions (and shall itself retain t i.tle to the land so deeded to it as and if appro-- priate) so as to return all Parcels involved in such revisions as nearly as possible to tt,e configuration and square foot area there- 0f els existed prior to such revisions. Any dispute arising under this paragraph A shall be arbitrated pursuant to Article XV hereof. B. Upon completion of construction of the utility facil- itieis identified in Section 5. 5. the Parties hereto shall join in the execution of an agreement, in recordable form, appropriately identifying the type and location of each respective utility facil- ity referred to in Section 5.5. ' . c. Upon completion, of construct:ion of the construction ele- ments referred to .1.n Section ~;.6B, the Parties to this REA shall join in the ~xecution of an agreement, in recordable form, appropriately identifying the nature and location of each such construr.tion element. §XXV-B,C -·94- . " ---···· -~--_.__,_ __ _ ... __ , .. ~ -... ~-.. ----· .... . ~ ·----·-----•··--· . ----------· -------·----... -,. ... -.. . ·-· . -------··-__ , __ \ ' i 17.c Packet Pg. 807 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) t I , R.8-31-70 R.9-28-70 R.10-5-70 ---·-- 0 ------··----•th:.. ..... ----·------------- () ARTICLE XXVI TAXES AND ASSESSMENTS Each Party covenants to agree to pay or cause to be paid before delinquehcy all real estate, improvement and peir-\ sonal property taxes and· all asses~.me:nts levied or assessed with respect to its Parccl(s) and the improvements and per- sonal property thereon. I~ the event any Party shall fail to comply with such covenant, any other Party may pay such taxes and penalties and inte~est thereon,if any, and shall be entitled to prorr.pt reimbursement from .J.-hc. ..Jefaulting Party for the sums so expended, with interest thereon at the maximum rate provided by law. Nothing herein contained shall be deemed to prohibit, restrain or abridge the right of any Party to contest the amount and/or validity of any such taxes anc1/or assessment:s in • the manner and subject to the requirements provided by law. ARTICLE XXVII - MERCHA:t-iTS ' ASSOCIATION Section 27.1 Men1bership Developer agrees to organize, form and sponsor a M,~r- chants' Association for th.e promotion of tha Project. Each ,- Department Store Pa~ty ag?~es to join and maintain membership . in such Association; provided that (i) ·it shall have first I ; • approv~d the Articles c4n;_!tBy-Laws thereof and agre~d either 1 j • its annu~l contribution iOr dues) thereto or. upon a formula I the determination of s c~ annual contribution (or dues) and (' ') the other two Departm are members of such A Art.XXVI Art .}D-..'VII-§2 7 .1 t Store Parties have similarly joined • ociation. -95~ .. ·--··--·-·-· . -~---------~-.. ----·---------------... --------~----------------·--·•"-·-~----.. - a r ca 1$1-' .! } ~ I ' \ ' 1 17.c Packet Pg. 808 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,.~, ... ,,;,·,····1 .7'.:·~~ -.. , --•~•....,...--' ...----r-••,..--,-•- .. :..:.:._•:~ ,..,.,...__._""'":t~·?!!'_ !!!!f!!!:!i~• ::!!!to-~. !!!S!a!!!!!S?!lllidtlliiCi!!!13!!!!:---••••---------------.rr;----•--------•----- --Jl' - -- - • i;: R.8-31-70 · ~= 1o~~129o C) () R.11-16-70 R.11-30-70 Section 27.2 '!-• • ! • • C " Developer BOOK 7580 PAGE 3!98 Developer agrees that so long as Department Store Parties are members of the Merchants' Association, it will contribute annually to said Merchants' Association an amount at lf!ast equal to twenty•-five percent (25%) of the annual aggre9ate contributions thereto by the Occupants of Developer Parcels: provided that there shall be credited toward Developer's con-· tribution the compensation p1id by Developer to the promotion • manager and his staff. Section 27.3 Occupant Developer further agrees to use its best efforts to require not less thun ninety pet·~ent (90%! of all Occu- pants of Develope·r Parcels B, D--1, D-2, E, F and G to becom~ members of said Association and to contribute to the cost thet:eof pursuant to the terms of the Articles and By-Laws of said Association. ARTICLE XXVIII COUN'l'ERPAR'l'S The REA is executed in twenty (20) counterparts, each of which shall constitute one and the same instrument. ., ) §27.2,§27.3 Art.XXVIlI ·-----··--·--- -96- ----------------·--·------'""••~-.. ------·--·------~ ... I ...,_._._ 17.c Packet Pg. 809 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) •-"! ~~~l ___ """ll.drJ---------lll!ila,----... --------1-t-----------.. -iii--_ .. _----_-_--_-_---------•1--... ,-.. --..... ~---CS•Jll!lli~~-~!l'!!,Mijlll~P"f--. I C> I ., ) I ' Ii R.8-Jl-?O bOGK 7580 PAGEJ:99 1· R. 9-28-70 R.10-5-70 ' · l R.10-21-70 t RTICLE XXIX ------- PARCELS KAND L A. Parcels Kand Las shown on Exhibit A are subject to the Redevelopment Plan but are not a part of the Shopping Center. B. Agency will us~ its best efforts to cause the respective owners of Parcels Kand L to execute and deliver to Agency Owner Participation Agreements in the form attached hE~re- to as Exhibit Hand by this reference made a part hereof; pro- vided, however, that in the event Agency is unable to secure execution and delivery of such Agreement(s), city shall take all such actions as are provided by law to enforce complianc(? by the -:,wner(s) of such Parcel(s) with the Redevelopment Plan and a.ll applicable ordinances of City relative to zoning ?nd building and safety requirements. ARTI_.£ .. LE XXX DEFAULT UNDER DISPOSITION AGREEMENT In the event that any Party shall def:,L:lt in the per-- formance of the Disposition. :Agreement entered int.o by it with -~ Agency in respect of its Parcel (s), then notwithstanding any-- thing to the contrary set forth in said Disoosition Agr,3ement, . . Department Upham) and or in such Store Parties (ii the case of Penney, either Penney or Developer shaj ~ave the right and option (individ~&lly collective colination as they may agree among t.1,;a!mselves) to acquire title to the Parcel(s) of the Party in default at a cost to the acquiring Party(ies) not in excess of the purchase price paid . for such Parcel(s) by the defaulting Party, less the amount of any lien, charge or enc-;.imbrance then against such Parcel(s). A rt. XXIX-11., B Art.XXX -97- ··-··--•-·•·-· ···-·-····· --·--··~--·•------ ' I l \ . • ... ,, ·• .. _ __,,.__ ---.... --.---.. -. ' -.._._~ - •·-· . .._.,ti 'II 17.c Packet Pg. 810 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -~~:'.1-... , ............... ,..,,,•-------·----.. --f R.8-31-70 ----------~-- • , - - ' ~ 1 R.9-28-70 (' BOOK 7580 PAG 1~ 400 • .·'<-.~ i R.10-5-70 R.10-21-70 r R. l l-4-7P ~RTICLE XXXI PROJECT SIGN .j · l',,3ency, with respect to the parcel of real property descrilied in Exhibit I attached hereto and by this reference made a .art here- of and shown schernatical-ly 0~1 Exhibits A and D ( "Project Sign Area"), hereby establish~s an ext~sive easement appurtenant to its Parcels j within the Shopping Cent,,, and to the Parcels of each of th,· ,;Lhet' 1 Parties within the Shoprjng Center for the erection of a Sho •pins· Cen-- • ter sign which Agency hieby agrees to erect at its expense, saic: sign ·-• ' . to be ~ ocated generally t:Jithin the Project Sign Area as dete.r:mine:d by ,. ' Depa1-· ·,,,,,,t, Slcce Parties ar.:; Develo;._Jer, and to be c su,:::h typl', height, size, c_•olo:-and design, and to have such informational cont~:nt ae: are first a,,proved by Department Store Parties and Developer. Said e:ign sha 1 " be so erected prior to the time that any Floor Area op,ens for business ir. the Shopping Center. When the loc0'-:on of saiL., sign is deterr,1inea by Department St:ore Parties and Dcv·•lor,,~r as afoi:,2said, the Parties shall enter into ~n amendment of this REA by whi,::h Ex- hibit I shall be revised 'to refl.ect the prccis, location of said sign, which precise location shall then bA and hecrn~ the Project Sign ~rea for the purposes of identification of the easer:-,e:1t granted p·-.1rsuant t-o this Artie'-.:. The expense of maintenance of said sign shall be borne by the Pa~~i s as may be agreed pursuant to their separate agreement. AR'l'ICLE XXXII TRUST'S LIMITED LIABILITY The obl1gations c£ the Trust cont .... ined herein are not-person- -~ ally binding upon, nor shali resort be had to the pr iv::it-1=' . , )perty of the trustee:;, shareholderc, officers,. employees or agents e;f the Trust. In the event the Trust b · omes a P,-:rty he: .,.etc after the ·:ornp,, ' :.on of construction of Floor Ar and the portion of the Enclosed Mall on De- veloper Mall Parcels as ::.quired }-I· this REA, th<~ liability ,~£ the Trust under this REA may e enforced only as against itE' int . 2st in Developer Parcels. , Art.:X:XXI Art.X:XXII I '-·-··--•·--·~·-···--------•-·---·-----. I -98- ...... ··--·--• .. · ,,. ' I, 17.c Packet Pg. 811 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • -,, ~ • - ij ., .. ' " Ii I • ' j ' I I I ·1._.,_ -- ' ,f R.8-31-70 R. 9-28-70 R.10-5-70 • 0 Be ,~ 7580 rAr~ ~(71 I:'i WITNESS WHEREOF, the Parties here'::-.o h, ,_., e.?.b~.1tea this agreement as of the day and year first above wr1tten. THE RF.DEVELOPMENT AG.-. •;CY vJ/ TEE CITY OF S.\N BEkciARDlNO, \LIFORNIA BY... 421fr:< ..If. =~·tf,f#f'#l'- By \_, · ~~a-:ift,:;:~· ~✓--/ CENT~~ COMPANf B~John s. GLiffith &Co. BY. Ulli t:'.P, •' '»9. C,,_,..,.,. ...... __,-;;;.l_~ . .. ~ ... ~~~~ ~~L By: A'. -:S'l': J. I INC. ~ AT'rEST: MONWAR PROPERTY.CORPORATION -----·---------;,-,.__ By ___________ _ THE HARRIS COMPANY r -99- -~------,..-------:...~----------- ,.,.,,·, - -- t f i ! I I I ' ' ~ ) .. · :., : ''i :t,J,\' ,' I ·' :/.\:,,~·:.::~.-,.A;,_.;,,, .;;,_-1 :· .... ,~_::,ri:;>---· .... :-\::.,\;_;,::-:,_: · __ ·: ,,i•.:i,~-•"·,-, , ·, .. _· .. i, . >~e-:~-ta ·"e#ka@Ji~a·twtlkM ·.~-1 ~,..ii;,,&y,;,.·t'· • ,:: ; ;,;µ ,1;J;:,;.,;:::-,,,,-,, ...i,;.;:.._ ~....:---~.:........1....:.;. ·L, __ .: 17.c Packet Pg. 812 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) 1 .. ... l ' I .. I f l ' I ~ ! t I t i f ' t t ,. ,: l ' ,, '( * I ' ~ . , l i \ I I ' ' j I I I r I t , . •• ~ I I, .... • R.8-21-70 R. 9-28-.. 0 R.10-5-70 () BOOK 7580 PAGE4i12 • IN WITNESS WHE : thE: Partj_es hereto have executed , this agreement as o:f 1:he day and ye,ar first. above written • ATTEST: ATTEST: • A.T'I'EST: ' ' ... 1 THE F. ':JEVELOPMENT i!\GENCY OF THE OF SAN BERNARDINO, CALIFORNIA RY.------------------- ~ 4 BY.. ______________ _ CENTRAL CITY COMPANY By: John S. Griffith & Co. By_...., ____ ----------- By __ ·------------- By: curci•-Turner co. By -------- BY. ____________ _ J. C. PE:t\"NEY COMPANY, INC • By ________ , ____ _._ ____ _ ~ 1' !;. THE HARRIS COMP.ANY ~ ' l By _______ _ ~ -9~-- ---------------r·-------~ -i-- ! ~·, }, .. \. . •-·,.. '. {..__. '.;,,.c,;:_;·. ·, ',l -,; _, __ ,,t:,,.--.: ... l. .. "·,cL.:..C.c.::• .:. ... ,.,, ._ .. ,,~•,:.,;: ... ~:.!: .. l>. ' • • I . • I I ! j i I 1 ' i I i l I j l ' ' I ,l 17.c Packet Pg. 813 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,lit-__._.,_ I -·--- -- R. 8-31-70 R. 9-28-70 R.10--5-70 (i ' --------------~---------,. . • ,-,,, V E;OQK 7580 P~G': j0'3 i • CITY OF SAN BERNARDINO \ B:t_.dc::; ,&,dZ.~ By ~/ •. General rs • "' < 1 i CONNECTICUT GENERAL MOR'rGAGE 1o-. •• AND REAL'l'Y INVES'I'HEN'l'S 6~ . By7~~~/e- tn A-Y fl rµtv C:. IT~:..:,;;_,..,..__ T~u_ ' -100- ,, ,, ,,1, 17.c Packet Pg. 814 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • :·,~. ·-·,.·,,__J. ---------•---= -----1r1_-------::i·--»---·- -•t - - ~ ~ () () ' ·•'" aooK 7580 PAGEiltJ4 • STATE OF CALIFORNIA ) . J) ss. COUNTY OF SAN BERNARDINO") On LJ~ IZ tm . before me !JJM-«,k .ot,IJ. rr · , a Notary Publi~ . · n and for the saic:. County ar.d ' State, personally appeare~ Ozy Cbl:Viie and -/$:~wfi; 9J· , known to me to be the ~4::?22t2crz_..) and • tbd'4tp'ldt/i ,, respectively of The Redevelopment Agency of of San Bernardino, California which executed the with instrument and also known to me to be t.he persons who exec ed it on behalf of The Redevelooment: P.gency of the City of San Bernardino and acknowledged to me that ' the Redevelop,nent Agency of the City of San Bernardino 0xecut.ed the saine. WITNESS my hand and official seal . ... . . . . ·J .,· I. J -101- ... ' ' l ' ' ! ' •• -. I "•• • .•' • •• •" • " ,' , • • • • • •• •.· ... : .. : . ' . ,. / . . . ,. ,\: ... . . . . "~. ' . . .• ... : .: ... • ' 17.c Packet Pg. 815 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ~·r·. -- --.. •' • • • ,I • - .:!!!!!!!!!'! • { ). I i .. a: .. :c .. .J a. < I-.. t ., I j JTA'll-: OF CALIFORNIA, } ss. County of Los A,,geles ' '•. -'• - I! CC L. • • ----------•• BOOK 7580 PAGE 4_0'5 . ' --·--- December 21 ryo ON------"'·.:;_~;._.c.c..;:.;;:;..__~:;...------------19..!--, before rrni, t11e undersigned, ~ ~ ntr, and S~ personally appeqrad _ -, known to me to bi, tlie Praldent, and------=::i~~~l.:--~~d---41~PP."""'i,,,..4--\, ~ to "_Ml Secretarv ~ ACKNOWLEDGMENT-Co IIHlllll?IN! ,.._ TO 4.&2 C ( Partnership) STATE OF CALIFORNIA 1 COUNTY OF-'lRAlfGE._______ s'1.. o,, l.-; DG.om=b..,.e,..r_..1...,942~0:.__ ____ 1 before me, the und.,rsigned, a Notary Public in and f • ';;------------------JOHN CURCI d L A or . -tale, personally appeared. ____ _ an •• TtR . lo be __ __:ALL f h ___ o t e partners of the par lhat execuled the within instrument and a k I d that such pa•tnership executed tlie ;ame. c now e ge, WITNESS n~ and offidal seal. Signature,/G~=~,:? -,~ • Bert~~:ui~•,'!_.,,_.._.,,..,.,.,.. ----------know11 lo • ,e 19·.;;;.;~~-:,;;:7 NOlAR'f PUQLIC A,, •.JW11,• t -----JiNY:a::m:::e:-,;( T:;;:>:::,p:::e,d_o_r_P;:;-r-:;i-nt-e-:-d:-) --__ _Jr ORAN4ioE COUNTY ~ _ ., Comm111111,br:la1!dlloll1111 Expll'ft J1111e 23, l 97ll !~ {Thl1 area f3r ofllcl1I notarial ua.l~ ' ~102 f • • us •. ,~. • I I II 17.c Packet Pg. 816 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,~']·•·. I =...:.,.. j I _ 1 !! I! ft - • -··-,~-~--···-----·-- - ·, • ( ' BOOK 7580 ~\a£4U6 STATE o~ NEW YORK ) l ) ss. ~· COUNTY OF NEW YORK ) ~ ~ 'I\ On this ID-~. d~y of _.{Xj~ , 1970, before me, a Notary PubTic"J.n-~lld f~ ... said county ana state, person- ally appeared ___ ,-1-__w: 1:::s&.:!:l.2~---·---, known to me to be the person who ex cu d the within Instrument on behalf of J. c. f>ENNEY COMPANY, I . ,: the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to :its by-laws or a resolution of its board of directors. WITNESS my hand and official seal . S'I'ATE OF ILLINOIS COUNTY OF COOK . ' I • f. • > ; \ . ' ) ) ss. ) , •• ! . / MICHAEL LOWENKRON S J Jllotary Public, State of New York r. J. No. 31-7609525 ~ ,Qualified in New York County ! .,Commlssior. upires Marth 30, 107! ~--.. On this -day of ________ , 1970, befor~ me, a Notary Public in a~d for said County and State, person- ally appeared ___ ·--------,.----,---, known to me to be the person who executed the vithin Instrument on beha1.f of MONWAR PROPERTY CORPORATJON, the corporation therein named, and acknowledged to me thai4 such corporal.ion executed the within Instrument pursuantito its by-J.aws or a resolution of its board of directors. - WITNESS my hand and official seal . f • ' ' .. • • • -103- • • ~ ,, • --------... ,J' $,il4, . -~· . 'l .. r l ' ! I '.: ,-- 17.c Packet Pg. 817 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. -. ·] ;i'"'°11:•----.... ~.,.la .. ---------------------ll"lll-------·~--------··----··-----..,.·-----~-- lf ,t ' \ ' as.• e P a 7 . , ~- (_) ' { i \ \ ,' I t BOOK 7580 PAGE ~lITT )I t • • • t STATE OF NEW YORK ) ) ssl _, COUNTY OF NEW YORK ) On this day of---~-----~-• 1970, before me, a Notary Public in af-,d for said County and State, person-• a.lly appeared . , known to mP to be the person who executed the w:i.thin Instrument on behalf c>f J. C. PENNEY COMPANY, INC., the corporation therein named, ctnd acknowledged to me that sµch corporation executed the within Instrument pursuant to ita by-lows or a resolution of its board of directors. i, , WITNESS my hand nd official seal. STATE OF ILLINOIS COUNTY OF COOK ' • • ~ . ., ) ) ss. ) 011 this 1-1/'.T"'aay of )J1;eE'mB£l2__, I 1970, befor•;? me, a Notary Pu9lic in and for said county and state, person- ally appeared b/eeoJ../:, L: . ._51JR1Pf<.-< , known to me to be the pe:cson who executed the within Inst~ument on behalf of MOI\1WAR PROPERTY CORPORATION, the corporation therein named, and acknowledged to me that s1ch corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand ar;a official senl. ~ .) ,· :J -103-- ' ,t ,· ~ I '' 1 ! 17.c Packet Pg. 818 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ·:·"I . i -~---'~ ••·-•'"!'-~•••••-•.,,•!lll't .. ,.,.o __ .,..,.-, ,... --•~.IPllf~i,,i. -......• -..s ----•• •.•.•~~-l!l!l!l!llll•U----llll~i:.1 ________ llliiii ___ ,__,., __ ,_ _________ •;_ ~, .. ,--. ' --• • - . -t. - () t BOOK 7580 PAGE 40~i STATE OF CALIFORNIA ss. COUNTY OF SAN BERNARDINO tt!:. -,~ ,/} . On the /t;'.:;.--dayif,f ,,c;AJ/£_;:;._~/2...,, , 1970, before me, the undersigned, a N ury Pt_b,)1: ~-a~for aid ~ounty and State, personally ap ared ~ /4.12 _ ':fd4««z _._:.• known to me to be the pe on who executed he witnin Instru- ment on behalf of THE HA IS COMPANY, the corporation therein named, and acknowledged tto·me that such corporatlon executed the within Instrument pul~su~nt te> its by-laws or a r.esolution of its board of director~. • 'i ! WITNESS my hand and official seal. GRACE VIRGINIA SCOTT Notary Pu'::lic -California PR!. JCor·A 0, : ICE IN ~t,N BiJl.,A.-i.);NO COUNTY My Con,mlssion Expires March 4, 1974 -.:---;-·.;,-------. STATE OE' CALIFORNIA ) ) ss. ,· COUNTY OF SAN BERNARDINO I I On the .,.")d/_ef-day ft/&:C/4~1.e , 1970, before me:'!, the undersignec'f,"a Notar p~~cAnJn4,~or said county and State, personally appear ,., ~~l'K Lb,~~d-• known to me t.o bt:i the Mayor, anc.:. ~ , linovw t·o mo t ::i ~ GhU ci.LJ !idolln.isfta~ of~ the City of San Bernardino, a mun·- icipal corporation, and known to me to be the pcrsonf who executed the within Instrument on behalf of said city and acknowledged to me that such City executed the sarne. WITNESS my hand and official seal. ----·· .. ---- ,4..::1:.,~ -GRAC~ VIHG NIA SCOTT Nci:~. y r-u··llc -California PRI,,.:, ,\ O. FICE IN ... ~:!Y s•r· L",• ~ ,'·')\NO COUNT'( ..,.. •' ,..,, 'f r-.>C.n, ., ... My Commission Ex~ircs March_~~- ====-------=-· ¥ ; • 4 U . ....,.......... ............. .... --·•---·-··---~--__ ., ______ ,,. ·---~----- • . , ' I !I ~, l. 1. ' .. • t . A .. f II, -104- , t I ' . ! 17.c Packet Pg. 819 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - .··•;~ -. -·-·--.. ,. .~. =--=-------~ .. ~--=·=-~-----~~======----~~~==========~--:-----_-__ -__ -_______ ··-·------- i I I I • ~·\ .., -' , r j J'CKNCMLEDGMENT \' OF UPHAM DEVELOPMENT COMPANY BOOK 7580 PAGE 409 ,, l , I ' I \ •• " l l i ! l ' j ; l l , .. ...... _________ .... ________ _ -------------------------------··, l :./ t \ I l_ -·-~-~ ..... ....:..1 .. -·-----··· • STATE OF CALIFORNIA ) COUNTY OF L cp,,6 B n7 e-lt~ .. ~ ss. / 1; On /~ 4f,:r, .-~ , 19 70, before me, the ·;{ ! undersigned, a Notarytfublic in and for said State, -.,: i ii: .~ j personally appeared Chel;ter R. Upham, Jr:., David w. TJpham and Betty Upham Buffum-,!known to me to be the general I partners of the Upham p!?,,Jelopment Company, a T~~as • limited ; I .. partnership, that execut~d the within instrument, and known ' . ) to me to be the persons who executed the within instrument Ii \ ,) ., I on behalf of the partners~ip there.in named, and acknowledgeu ' to me that such partn~rship executed the within instrument. a EDGAR J. SMITH . NOTARY PUBLIC SAN BERN,\RDINO COUNTY CALIFORNIA My CommllSlon Expires 17, 1973 • ! ~-r and ..... ---. ., .. --~ .. - l l-105- .;,.. '. ~ -------•-·~"-·--· -~~~~ .. ---~ _.,.,;~ett h 1 t l :M or - .--~--- -·------ • j t r ~ 17.c Packet Pg. 820 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --···:<' 1"'• --- - - - . ' 1· .~ ,,_, i,: \' ·; ~-· ~ I l ' J j .. /":' ,, :'•,· ,., ' ' 11 ,•: a& ( ) STATE OF CONNECTICUT) ) as: COUNTY OF HARTFORD ) .· , .... , , ' ( ) , BOOK 7580 PAGE410 On this 11~, day of Decembex-, 1970, before mei, Pl'.tricia Zellner, the undersigned officer, personally apps'.lred Mayn.ard c. Bartram, as Trustee for Connecticut Gener~l Mortgage and Realty Investments, known to me to be the person whose name is subJcribed to the within instrum,9nt and &cknowledged that he, P,e Trustee for Connecticut General Mortgage ' • and Realty Investmehts, exe~uted the same for the purposes therein contained. IN WI'ffiESS WHERE I hereunto set my hand ar.d official seal. ; - My commission expires: March 31, 1974 f f . -.. . J -~---------··---·-------- \j.1 I •-~'1 J_f ______ _ I • \ I t I ' • C -~---•~--·-, 1 t l I ! • l l f ? I .! I I ' •i ? 17.c Packet Pg. 821 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - •H" ~T. "' g "' ... ' - ' ' ·, ' l',[j(A7580 A11 -PAGE lf • ' 1 t ' , .. f ; ' , I • ·--- --·---:--- /1 V' 'Pr C/' ~ ~ =! r,O :z /CJ -< i~ =2 / '' ,.._ \ ,. \1 14" .... .' ~)_ ------------ ·, ,_, , , .. 17.c Packet Pg. 822 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - ' , . i ~ ~ ~ ¥ ~ ~ '· -~ ·t~ \,.~. ~~------~~ . .:-----------, I ,\0 I .;,.~ I ... eo ... I 3 -1' r< r ~ \)~ J ,. ~- cl . ., .. ·-..•~~ . .::-- ❖. ,.:, 0.,,, -,i' ., ..., ~/,· C 01 ',::J • 0 ~ ~ " V ~ ( 41 ';~' 4l1~ 01 o0 ~111,-,·.·• t,'?l,s > ~ c' ~ ,. - • \._,i;•,· ;, 1 t.1. "'t. ,..,.,.,rrrr ,.. . .._ ; ; , , l\ t," 1.b "· ~ ) .,,.., r'f I , I • I J ) -r,:i-frrr' -...,..,=.,.,.,., ~, ,,.,,,., , ,.,.,,,,,,. • . .· .. .... ~◄~ ' ~ ; BOOK 758q PAGi 412 i j -~ 1/ .J I ~,.. 1•,1. ,~,. . ., ... ~ .,,,a'1.1. 0 ,.,,,,,,"/rr''' ~'" .. ":"7''''' -, f .,.,~,. ; ..,.. ,, ) ', , : .. .. t, •. _,, ..... f. MO" llo CXYt. ~1 1~ :c, !8 !>!>~ ex:. !" ' 18 ~ I I ta ·., l • - • :z 0 , • ,. .. ,~·---~1.1':i. ~1 ',Q' -· ··--·-• -•----- :z 0 , .. :r ,- 5 (l s, ~ :z' ri ..., . l; ~ ·, ~' (• IIU o n ~1. • . I I L r l • Ii " l • 17.c Packet Pg. 823 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) µt:· fl J ' ' -1 ; :, ~ i;,~,,~ "o '-' .~ . '·._ . "' - ' d?, # /'cf}/ <£,··7~1', ~·v s .. " M ..--i ~ ~ <..!) ~ 0 co lO r- : :: ..:) Cl .D hor·"h Linc of r:.o~mc.rit n\ to the C,ty of' San e,en,ard,no I<. ~· . Oll. r I!: )- {) ," ' '<' ' '"· "· ,>, \'\~ \~ . ,,,\' " .. - V.•1000' b.•~o/Y.i0c.J" ~' ~\40" II \ "'-\ }. \ , j ,1; • • '. ~ .. ~- ·~ ·~ • '., • ;f ._.,- K ' ·8 ' ,0 ' c- '"' "' .. ;. 0 11> ~ ,,( a : . <!), t- • : c/.1 > 6'. ~ :!! 2.~1000· .6. '!lerOr 5-4." L•~1.¾' ~ ~ ,. J• •' s b C J ~ 4~\'• ) h~••,~· ::-')•-,, i ' --~'\.:,, .,·,· . -- ~~~-.,., ,, ,. :; ; I ,, " ••. I\W',l A.,_. 41'» . he t L'"!: ·A,.CIQ' y ..... -·,,..,"" "'Uf:Ni.r . ' ,,, ' ·-., o1 the C,1y o·: ~)Or"\ '1 1 r.r"°r-",nu p,,:r b ... l'l.(;4, ~9 1'.-h. 0 2. !Hitnt1 7 r, 1 n""1' ~1 e:-::·.-4t,c ~ • Plt..RttL "F" ~ 7~,b4 I 5"CI: 1"T I t•' \ A.C r!_ ::•':i' ~rw~, <h"t •!-1 oo· '1'!100 PA.R,v,INu P A R C. ¥....'!..' ,, ~•• I ,. . ,n ~ --.. r.111,,.•llli--_._..,_, --'lll"i< . .., _ .. _ ... -__ ...... N~ ~!,' 06" t. '-''-r--.t') . ' ,., ',' =-~ .... J.,. t-,orth Linc. of' ~n~rnent t':.o~ment-to the Ct'ty of 5-::it, e:..,•._,-nord1no pee '2 MD 81 . -,, .. ,, " gi ,.,., ST !2"3E. E. t0 ~ N. t)o/ S~ Ott f: fot>+1 ':)~' - ii ,. -?. MOTES &lao':,\':, Of e.U.U\tl('J':, tal<.en from the centerline ,:,, "[• ~•re.ct bet-.ueGn '!nd St and ~rd St. be1n9 N~•o11<,"',1 per l1S 14/:.1 ,4 1 '77777Denote:s ~ lh9ht~ conveyed to the Stak of Cc.i,f , @ O.:no-\e,s po,nt de.e,19na+ex:! ?01n\ •i..0 ,ck, '" bounJo,y ' ~ dc:,cnbed ,n dee,, to the k.deve\op=nt A.9enc.y of t'-,e c,ty c-f" 5an bernordmo, Californ,a, recnrded July J, i'!)(,°.) ir. l">oolt. Tl{.4, Paqe 1,,, Off'1c1al 12.ec.or~ I'\ ':>.L. Deno-1-e:,s ·t-i'eon ~ level• t.\cvot1or.. U':>.C./G::. !xnch ,-,or'<. 104&· ll.e.-.ct ~'2":, (E\ev. 104& :,4&) u:,,ed for dotum·: Pt Or:noh;,s Pad t\cvo+,on -~- ~ tii - 7 ,.,,,. ~ . , ·••,l:1, . ~·-,. ...... .., .... ie: ' -• >I.X . .ftlM. ·1--. .,. .~:,-. :.-, If -i 11 i I I 11 J 1111 -I ,I I II I! I ., l Ii,,, I .... ll ( II l 17.c Packet Pg. 824 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -4 ' l " . ~.~ ----------------------~----*-l ~ <:1 ... i -,--~"T<i:,_C.""T"\r.,._ ,~. ~ i ~I 10,, ']¥----·l l~~- i ~,J i g: A TU -Y-I I I -~ " .. e.o~~rnent to the C•t) Lf' ~n ~rnord,no ~r ""-~ 0 11: ' Ntt,-',4' ~'w ~1!1 ~~- -- . .nl 8, ;: c; TO F F T -~-.-,-.... "I ,-. ---. ! 81 ~= "" ,,_.. e T I ~I J>, '" 1,.~,,, J . ' . 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(\ti, ,, -c ~w,•<:,"rmtt: 411:>-~-~1 ~·t. ,~oa 8 t ., ~ $ b .. :, ; ' -:2 = ~ " s b ~- I ~ l\w,"'!,l"O!» ..... 4 l\" ~! ;;,] -!,1'QS"'I; I" \t'l"O'i •~•'ltl Ii ,: • tot ' • -\t,-9'0!i,·t 11\ ~ 1;1 ., 8 ··t . . ' !: .. ., I~,• ' " ~;,, '' .. ;>c ~ 11,ocr ~~1" !)Q ft 1 I 01',(,~Af.. . , -g rt.llC.tl "1)·1•8 .i:' ,1104', \ ,, ;....-~~ .. C Dc.~nbt--A ,n de.Gd to the )... 12.edeve\op~'<..nt ,O,,,,qcn..:.y · of the. C,fy o~ ~n &,-nard,no per bis n<,4, ~ 1~, o 11: I'" I\~ ':,l f:A"V P t..ll.C.tl 7'5>,8'4\ ~ 1"T rt 10''> I ., r't. ·.g ~~ t(,tl\t~ b 11\' • 41() "' ' I"'-"f. 114'\ \ .. c. I 'I _I_ iii' i1 i ~ .. ,..\~!,--; - I •• I 17.c Packet Pg. 825 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ... "" y. '3 ',.1 ... ,.) 7i,1!>1 ':,Q '°'f 1777-A..L !'i!0"~1 'Y-;,"'w f&C'i-:'!:i t'r.. ~~ "•n · <>+.. >-"'· " . .._ Pt..lH,lL ·f' 7!:>,84\ ~ rr 11-4, 1 ).C !"t .~':,, ~tw~·~·f. •~l 0()° U!.OC' ,...- -'Rl{,JNc; P I R C t L ·~Wt' •~;~tlJ-' of' !:.~me.rt ,-.d ...... ~ ... ~-,,.,..: -· ~ - ~ ~ ~ lU = 0:: C) co V) I-- ::.:: = C = '"h;c _,t•1 v1· ~,..... "'x· \"~1---Cl1!'\0'.''" pe1 t,\l ,-~ ... -+ f"'":, 11;,,lo, ') ~ ' • ;/I ., ~ p 0 • \I",, . J ~Sl a,,.:,_ L 1 ~ .,..,, . ,; ,, . ' . · 9'i • ~00 ,, ·. <D ·, • Ak(A.l)~ /, C.OU" 1•· ue p ~ t · · --~b 1, ' · o.:,,_,. ; ~ -? r1 ~\, •on cf;' ,nd 1"\," D".> . , __, -- ' ~ ~ !' """"~!_~•-I~ 41 I r· """9 r:-i.·~ .,1\. . ' / ... \._ . ~;?' ,B,,l!>'>':>QF1O41l0A>:. ~ ~ ;;; l>t..llCtL •u• ,, ~ I ~jl8J •t,o-s1,' --~ b\ o.,. "'"' I ~ ~ " ~ I!;: ,..,.,, ,. .. "' £~ ~ .,.., \0 0 0 _, • . ., r :11"1 ., :a :I ,.::i -~ !: . :, e • C JJ,QO / .,. l'.WSJ·~•~ _; "' "' ' _, i~ ,u<l,:~ :' '.'.i ; No+ '.bcolc,; .. I 10,4"'2 ~ fT .. d 01404 .. ( '1'99 I Pl..'.l.CtL .I'\ b. '"'-1;,4~ sa,~,4,4 "">:QrT "or~\--, ·. ,·~'!": b\\... '.'L. l ,., 1. ~O~<o A..C. PlllC.tL 11Q. I , I _,,,--------....,____ !:,W-S1·::i':>"f tOO'.iu ;i1 '\.~ ' -~ ' ., .6- ._,c , .... 0 \ '!, ",Q ;-("' SWs, OS"t I( , -:;z a.,- Dtl A\ L /// 1':C H I. U:. ----- Nea"47'\'2·~ ic10 ~I . - ~ _, • > :,, ~-s b "' ~~s,·~·r 111 ~,; -. '! ~ Ml'b,...-.... ;11 1~ i .i1 ;.II It 1 aJ,/1 r~ 4\1~ •------, ii & uJ ' , . I .J <'' '. ' ti lJ "' <" :; ca ' f' . .. . ~ l. ,.'l I ~,' -" . ;':," s1 •"I" ;: •-, ~ ca {J "';., 0 ~ b c ~ -_, .. ~ ., t I , ' ··-··--·--··. ---.. ··~--;~-, v - ~ e' ::, a.. ) ;:; ( ,__ ! -p"4 ,-.:i I •- I , -V I I J r-" / u I----I --!=< r > = . ' V ,..,,..~ .. ,.... •· _y of' ! g, IZ.•1000' • ,\• &o/4,-~.,- L• ?;.1 % -..--~ ··-·~ -~----- ~ ~ LL.. VJ s r,et,•4T n_--t:. G~l ,S>- ::; ·£:: · 01 ! -, j ~I .. , > -----------, REDEVELOPMENT AGENCY OF Tt-'E CITY OF SAN BERNARDINO I EXIIIBIT 'AW RECIPRO{A: AGREEM AUF. R • 79,.,-L10•1f4:• -CENTF\AL _ _ _ _ _____ -·-· _ _ ::--~.-2:, SCALE DATE, IIIIAWIN ' 111rsn•1 •. OIOII.. I --=-=·=---------,•.50• Oc-t 10, \'PO ·r---., • ..,..,,,>.1111..0. c,. .. _.,. DATE---. ~VISION -- •• 11.0. •', ,, - ·'!!£ .. I r ! I I .. 'I " I I 11 I I j ' l 1111 l ------- '!~ 111· l . •--.... -,,1 l I! II I I 17.c Packet Pg. 826 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) !_ ... ·"' tP .., .. r ;l 8 -p .~ ~ ~ ,... ,... ... .. :: .,; ·"" . • ,.. " ]. ' ' Ii '. ' I _l__,L .. "' , . ..., ., --r ;I " -p " <"' ,. .,, !""''. ' ~ 0 • .;;) ., ' ~..., "' . 6' p (• @ / --,,.;;'1'.,0l-'"'-!,!,"''"'t-1""\l.-::,.,.----~ \O'Ol'Vl°" II\\ ~ .... I ~ I ;: __ r;, ~ ~ " ,,. 1"' '" ~ " "" I~ .. 't ,..., !~ e r1' L"' it :I ,.-.-, : 0 ;;. -~ IS ~ C' 0 • ~ ,,; 0 :'i . ~ .r. p; 11-roo· 4000 .. <-. ;; 11:-' ~ 2 0. • --. .J nO ·" . " r ,-.; " <J' ' .. "" ~ ... ... ;; f ;,: "" , ~ .. <"' :a ::. ~-"' ~~ 0 u: £ g ~,o 8 -~ ,,,.,. .c;,~ r< r-: or 111 ~ f"" r~o (' .. " 8 Cl' '"'~I" " ~ ,, ... ,... ,.- I .. ~ ~ }!-F!~ , - "'oo· • ll!'---::-=:---":11,:-----'..;0:.."..;0:;:<:..· .:c•~.:_·_.t ~-r:_e,,:O:..' ---a•------~!11 ._., I)()' ·~ .. ~ ,. c • ~ ~ ~ ,. ~ .. " ~ ;:; 0 ';; ::; ,· lC"I }~' _. ;,ii ~•t: Ub '.'H, .l 11 t. C.or ~\'If.. 1'L, ( ~ 'b t;'~ , ... ,v ~ Cor ~\\-. 'l\,C.'::>t:> ·, l i :'!j -. " "i" .J'l 'h'l. l " " :)-' ... ,, .,. ,-; . ,, ... ;! :f,O ~ 0 :i ;;. ,: ~ ~ t r>,, ;; .• ~1Q.t.c.T !:)ia ,,. ..,, ... ~ ~-(' ... "•.iJ ,,, -~ ,:: <"' ~-.... a>' s ,.-~ .. ,., ~ ~· .. ' ii • ' • :<: '; F. ,,;?•" . ~ ~ ~~~~-----1tH~J--.,...1'--_______ ___,1:.--· l • l -.....'---•--,, ____ jj ______ ! ~-~ PU~L\C. C A. L CE R lB I,.:; I ' . -... . , . * ' --- CK .,, 1 • -~ .. .. ..,o "':.l. \l: i0l~· t~ o" "°"~'~~ ... "Ar,., "p....._· ------~--~-,· ... "' M, ::, c-, -< ,, ~ " 0 C,.... ""I " -~ ~-~. >,--, .. ; . 1\ -~ . 'lPq ,.-8 8 I ~ ~ ('\ V' ~ ,1 ~ \? C!. v~ ,.. ,; ,k"··"..:oc,·or~'-· .:.:'Oc.'";;_.:.:•OO,,,-"n"o,..· _,._) G 'I ft'!>~ line ',.r.,' e. e,i· .. :·, no~m·~.ett i 11. tn<.,,unbia-..o.l A.no (,-\y 'H\\] l'> ~ •t , ~ a ,: .. ;_, .. 0 0 i ' 0 ~ .,, ~ , ✓ C: ~ ~ ., ,.. ',... ~ll~ -+--~-'-'!-~ i--~'aQ'. .. ! n::: CJ' f'I ",, ( ,> ·f• ------ $1' . l I I ---·--------------· - ·-_...,_,_u.,; ·---------- &.. 17.c Packet Pg. 827 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) \lit ·--.; • ~-.. , . .., ... -- - .. I --· .. -.....,,, : • •• -----r-------.- "LANNING • CIVI~ LNOIN l!E'.IUNO • 3URVIYINCI ••• ,. aTRE~• • ,..o. •ox ••o aAH BERNJ.ROINO, CALII". l>Z402 Vlal'H0t<I (714) ••:.1-a,s74 October 26, 1970 LEGAL DESCRIPTION FOR BOOK 7580 FAGE417 THE REDEVELOPMENT AGENCY Of THE CITY or SAN • P:' ii.!' .. \RDINO PARCEL "C" ___ CENTRAL CI}Y PRQJECT_ 1\HEA NO~, CALIFORNIA R-70 All that red! property in the City of San Bernardino, County of San Bernardino, Sta~e of Cc1 iifornia, described as: That pc>rtion of Rlocks 21 and 22, CITY OF SAN BERNARDINO, as per Map recorrJ,:,d in Book 7 , page l of fv!aps in the Office of the Recorder of said Coi; nty, and that portion of F" Street as vacated by sc:id City of San Bernardino, per Resolution No. 9574, recorded December 19, 19 8 in Book 7150, page 926, Official Records of said Col' rJescribed as follows: i ' c, •· '1encing at that certain pltnt designated Point "E" 1n the bou~-lriry r describec -l to the Redevelopm, ·1t \gincy of the City of San Be1·nc:1rd1. .,, Californi, .. recorded July 9, 1969, ·L>--:--·:J '~264, page 766, Official Records of said C,,Jnty; tl:ence South 89°57'S5" · ;t along s,1id boundary 10.50 feet to an angle point therein, said point being thq RUE POINT OF BEGINNING; thence continuing South 89°57'05" Easi: 2.17 f~et; thence South 0"02'55" West 117.J') feet; thence South 89°57'05" East 230.00 fe~t; thence North 0°02'55" East 344. 00 feet to a line parallel with and d/~tant 187. 33 feet Northerly, measured at right angles, from that certain cours.e ln said boundary recited as "South 89°57''.JS'' East 18.00 feet"; thence Not_~89°57'05" West along said parallel line 50.00 feet; thence North 0°02'55" Easr.,ltl.67 feet; thence North 89°57'05" West 2.50 feet; thence South 29°24'20" Wes~ 12.24 feet to said parallel line; thence North 89°57'05" West alcr.g said paralhd line 171.S0 feet; thence South 0°')2'55'' West 187. 33 feet to the Easterly prolonga~ion of said course recited as "South 89°57'05" East 18.00 feet; thence North 8~0 57'05" West along said prolongation 2.17 feet to said boundary; thence South Oi 0 02'55" West along said boundary 39.67 feet to the TRUE POINT OF BEGINNING • Containing 79,265 Square Feet. ' ' ' l , ., ' EXHIBIT 8-1 ' < . • -' ' .. . ' ( . . -. ' ~~.----,-·--·•-; ....... _. ,, ' ii I t 17.c Packet Pg. 828 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) t ., ~·---•o-44.----,--,.-.-._ ~-~------------------~_ ------lt ---.. -_------·-----------------~ ... ~t: . 'It. • ~ .. . ·l , ' "! . ' .. A ~~ 1 ~:~·.,:;-:,\ rr • °"Y .£) ~a _f" ~ BOOK 7580 PAGE 118 • ,;;, ..,,ii ' ~ ,, . . i • ~~,-~mwu,W} ':i' ,• co•,.·•ATION . Pl.ANNINO • •C1VIL ltNQINEl:RINO • SURVltYINQ ••• ,, •TntET • "·"· •ox ••o 8.,1,N 8E1f'1ARDINO, CAl.11'. 92•02 'faul'~ONK ,,,., •Gll•*•7• October 26, 1970 LEtAL DESCRIPTION l . F .-OR • THE REDEVELOPMENT ~ENCY OF THE CITY OF SAN BE_RNARDINO ~ s . ,, ' PARCEL ">I" :f i'YI.ON s;cN EASEMENT ______ 9ENTRAL CI1Y PR1~::: A~EA NO_. 1, CA~IFORN_IA R-79 ---·--- All that real property in the City of San Bernardino, County of San Bernardino, State of California, described as: That portion of Block 22, CITY OF SAN BERNARDINO, as per ~vfap recorded in Book 7, Page 1 of Maps, in the Office of the Recorder of said County, des- cribed as follows: Commencing at that cer in po~nt designated Point "C" in the boundary described in deed to the Redev opment Agency of the City of San Bernardino, California, rec~rded July 9, 19 in Book 7264, Page 766, Offi:::ial Records ::if said Courty; thence North 0°02 5" East 186.67 feet to Point: "D" in said boundary; thence continuing No h '(.'0 02'55' East 363.62 feet; thence South 89°57'05" East 4.67 feet to the'TRUE POINT 1 Jf BEGINNING; thence • ' . North 89°57'05" West 84.00 feet; thence North 0°02.'55" East 4.42 feet; thence North 89°57'05" W~st .. 36.33 feet; thence North 0°02:•sS" East 19.25 feet; thence North 89°57\05" West 26.33 feet; thence North 0°02'f'3", East 69.50 feet; thence South 89 °5 7" 1" East 16. 50 feet; thence North 0°!r2' ··, East 19.25 feet; thence Soutil 89°57' 5" East 133.00 feet; thence Sou~h 0°02' ... ; •'' West 15.08 feet; thence South 89°57' 5" East 33.50 feet; thence North 0°02' '.$1 East 60.00 feet; thence South 89 °?7' 0 It East 81. 00 feet; thence South 0°02 111 55 West 40. 00 feet; thence ' -North 89°57'05" West 24.83 feet; thence South 0°02·'55" West 96.33 feet; thence . Scuth 89°S7'05" East 7 .SO feet; thence • South O 0 0t' 55" West 21. 00 feet to the TRUE POINT -:r· BEGINNING. • Containing 28,512 Square Feet. E~-HitJT B-1 (Pte~ 1 of 2) R ----·-------·~------ 17.c Packet Pg. 829 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,1 __ ..,-«-4,, ., '· . ' , . _____ ..,;_ ___________ _ BOOK 7580 PAGE 419 ; Legal Description for J The Redevelopment Agency of the 7tty of San Bernardino , Arrowhea~-=, . (._,.,,ft~ lnee'tl"'!-• • • .......... .. Parcel "N" & Pylon Sign Easement Page 2 Central City Project Area No. 1, Cc:\llfornla R-79 TOGETHER WITH an easement for la Pylon Sign over and across that portion Qf said Block 22 de~cribed as fol10•1s: · Commencing at the most I'{ortheasterly corner of the above described parcel; thence North 89°57'05 11 v.Je~t along the most Northerly line of said parcel ,;9.00 feet; thence No1th 0°02'55" East 10.04 feet to the TRUE POINT OF BEGINNING; thence South 89°57'05" East 7 .00 feet; thence North 0°02'S5" East 7. 00 feet to a. line parallE!'l \Vith and distant 12. 75 feet Souther!~·, measured at right angles, frorr. the North line of said Block 22; thence North 89°54'34" West along said parallel line 7 .00 feet'to a line that bears North 0°02'55" East from the True Point of Begi.nning; thence South O 0 02' 55" V✓est 7. 0 l feet to the TRUE POINT OF BEGINNING. • t .• I ·-~ I •• , l " ·-~ z. -.• . ·- -~ ·, ,· .• ~ EXHIBIT B·· 1 , . .,; . •·:_ EXHIBIT . . " • B-1 -, ... ., ..... ~, ,. ..... \ ..... .., .. , -~~'"""'"'"..,,..._.._ .... __ .. ._..,_,,_,..,_ .... ~-· .. -----··-·--~--.~~ ... " ,-.. ---·-~.,---·· ~· , -- 17.c Packet Pg. 830 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - -~--·· _1.._ ___ -4,_L.-, -----·------, ___ . ~.:---.---.-.------------------_-_-_---_---~-,....,_ r , .• -... -~'~ _. r,. -,; ' A . R:'.--.,~,1 .. J - rI,.o·w-,;,. -.;;.J--.. ,.i, -1.J,? \.1 --\-:::, . 'l ~)~. •~,-I • • BOOK 7580 ~AGE 420 ; ~~ @igtn<U~ll.U1-<J-'{ £,,.,, CO .. • 0 lil,AT t OH ,,~, PLANNING • CIVIL ENGINEERING • SURVEYING 1598 F STRCET • P.O. BOX GCO 81\N flERNt.RDINO, CALIF. 92402 Tttl.U'HONlt (714) 009-3674 July ~5, 1968 ~vised July 11, 1969 L'EGAL DESCRIPTION FOR • THE REDEVELOPMENT /.G!:t,,ICY OF THE CITY OF SAN 8ERNARDir-:O iurLDING "s11 -----=C:.=E:..:..;N:..::T..:.:RA:...:.L=--C ITY PliQ J~CT AREA NO . 1 , CALIFORNIA R-7 9 All that real property in the City c-f San Bernardino, County of San Ber:,:.-,:Jino, State of California, described ~s: That portion of Block 2 2 , 13ook 7, page l of 1'1aps, as follows: CITY: OF SAN BERNARDINO, as per Map reco:-•:.i,'.):] ::--: in th~ Office of the Recorder of said County, c:,:sc:-ih::c! t • Beginning at that ,}ert,ain point designated Point "D" in t:1:~ o)u::.c:c:.:--·/ described in deed. to the Rede 1,:·elopment Agency of the City of San Ber:, .,:!inc.,, ~ California, ,recorded July 9, 1.9 69, in Book 7 2 64, page 7 6 6, Official Records of said County; thefre along said boundary, the following c.::1-:,·.;,.::.:;: . , . South 89;JiS7'05 11 East 153.42 fee':; thence North 0 2 '55" East 11. 83 feet; thence South 89 57'05 11 East 4.25 feet; thence North oci2•ss 11 East 66.17 feet; thence North 89"57°05 11 West 3.33 feet; thence N0rth 0"0'2·55 11 East 39.00 feet; thence leaving said boundary, North 89°57'05" West 154.34 feet to a line th:-: ::'"2:-::: North 0°02'55 11 East from said Point 11 D"; thence South 0"02'55" Wes: : ~7. ,)J :2e; to the Point of Beginning. Containing 18,267 Square Feet . • ; • .,_, ,. ,,. ,.J ,; ; •I - 17.c Packet Pg. 831 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .... --J .. -r 1'-~-----~-----. .......... --........,_.....,..__..,_ _____ _.,~1--5 ll-""'i. l: 1, . . , ' • . v .. -. -~- . 1 ~t~inee'tin(J. ;',f · d =o" l'OIIATION I . PLANNING • .",CIVIL ENGINEERING • llURVEYINO ;. •oa ,, ITREET • P.o. a9x eoo SAN ERNARDINO. CALII'", 92402 Ta ltl'HONZ (714) &1119•3074 itober 21, 1970 . . . l/l.L DESCRIPTION • ' FOR · THE REDEVELOPMENT A· ;l''CY OF THE CITY OF SAN BERNARDINO ' PARCEL "D·-1" CENTRAL CITY PROJECT AREA NO. l, CALIFORNIA R-79 ------~c~..;;;;..;."--''--"'-'--~---<---4-----"-.;;.-'----'----·--"--"----------·-- All that rea.l property in lhe City of San Bernardino, County of San Bernardino, State of CaJ ifornia, describe>d 4s: I I .. That por'~ion of Block 2 2, CITY C--SAN BERNARDINO, as per Map recorded in Book 7, page l of Maps, ir\ the Office of the Recorder of said County, ' and that po,tion of "F" Street :5 vacated by snid City of San Bernardino per Resolution No. 9574, re-.Jrded December 19, 1968 in Book 7150, pag,::i ' 926, Official Record5 of said County, described as follows: Beginning at that certain point designated Point "E" in the boundary described in deed to the Redev-;;Jopment Agency of the> City of San Bernardino, . ' . California, recorded July 9, 1~69 in Book 7 2 64, page 7 6 6 Official Record!3 of said County; thence South b9°8.7'05" East along said boundary 10.50 feet to an angle r:ioint therein; thence iontinuing South 89°57'05" Ea,st 2.17 feet; thence South 0°02'55" V{est 11\ •. 00 feet; thence South a9n57•05•• East l 121.00 feet; thence South 0°02•5~·· West 40.00 feet to said boundary; ' thence along said boundary the .f<?-llowing course~: ~' ; North 89 °i":?:, ()~" West 133. 67 feet; . ,. thence North O 0 02' 55" East 15f. 00 feet to the Point of Beginning. i '. Containing 6,829 Square Feet., ' Portion of above area within Developers Mall Parcel contains 1,920 Square Feet. EXf ¥IT B-2 i ..... ~ -~- -~~,. .i ' . -' ___ , ~-----~--~-rnr: • arm• ' 17.c Packet Pg. 832 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) z:.u.L, a.' .• '-· s •_1'J . . • 4 &Li .M ;..to .,. 4 ' &• • •=• IW •I a d¾ ~ . . -~ -I BOOK 7580 Pl« 422~ PLANNING • 'f!'VIL ENGINEERING • IURVEYINQ ,, &98 F' s;~,EET • P.O. BOX 1110 •AN BERNARDINO, CALIF. 112402 't,..._t:PH0IU (71,C) 11:39,3674 Jctober 21, 197 O LEGAL DESCRIPTION FOR • THE REDEVELOPMENT Ar!;ENCY OF THE CITY OF SAN BERNARDINC tt ·; PARCEL "D-2 11 CENTRAL CITY PROJECT AREA NO. l, CALIF08NIA R-79 I - Ali that real property in the Ci~y of San Bernardino, County of San Bernardino, State of California, described as: That portion of Block 21, CITY Of SAN BERNARDINO, a1:; per Map recorded in Book 7, page 1 of Maps, in f.e Cffice of t!-ie Recorder of said County, ,( and that portion of "F" Street as vacated by said City of San Bernan.!ino per Resolution No. 9574, record~d December. 19, 1968 in Book 7 !50, page 926, Official Records of said Gounty, described as follo,vs: Commencing at that cer~in point designated Point "E" in the boundary described in deed to the Rede•,~lopment Agency of the City of San eernardino, California, recorded Yuly 9, 1169 in Book 7264, page 766 Official Records • of said County; thence South 89"57'05" East along said boundary 10.50 feet to an angle point therein; thence continuing South 89°57'05" East 2.17 fE•et; thence South 0°02'55" \Vest 117.00 feet; thence South 89°57'05" East 121.00 feet to the TRUE POINT OF BEG,TNNING; thence continuing South 80 °57' OS" East 109.00 feet; thence Nort~0 02'55" East 95.00 feet to a line that bears North 89°57'05" West from tha'fcertain point designated Point "F" in said boundary; thence South 89°57'tl5 11 East 241. 16 feet to said boundary; thei1ce along said boundary the follo'!11fng courses: South 0°02'55" West 11.61 feet; thence South 89 °57' 05" East 1. 17 feet; thence South 0°02'55" \Vest 111.56 feet; thence North 89°57'05" W'est 4.25 feet; thence South 0°02'55" West 11.83 feet; thence • North 89°57'05" West 347.08 feet to a line that bears.South 0°02'55" West from the True Point of Beginning; thence North 0°02'55" East 40.00 feet to the TRUE POii'..J'T OF BEGINNING • Containing 37,011 Square Feet. Portion of above area within Developers Mall Parr.el contains 1,920 Squa:~E: Feet. ' EXr . ~T 8-2 -_ ... ~-itW't11M::re, I . : 17.c Packet Pg. 833 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - ~ ... J~ .. -~·--N-~···~···A-·M-~·•····:::::_~~~~~:~-::~···_:::::_~~~~~~~--~·•~•·•---~,,···~!~:.•.--··•··:·.-.·~ ... ,~,,-r_k:tz:.~,-,:::: .... -••-•·•-•-••-•··•··•··•·•·1•~~~~~-~--~•··.·•-·•·•1•1:~!!•"~'~~·~,·.,•.·;· -.@ JP .;..._~L•1t .. lil I.! .a . . . .... 7 .. , a a .14 a I I!!!!! 12:, _.,,u 1.,,,,,,..>.;,f~» . ~ ' r ! . . Ariowh 1&~§1). :, BOOK 7580 PAGE 423 ,, ' • ·~?:f~in~~liru1-i~ ~ 1 -(f u • \.~ CO ... •okA.TIOH PLANNING • CIVIL ENr.lN;.ERING • •GURVCYING 898 P' ti. rREET • P.C>, IDOX 300 SAN DU, ,.AROINO, C:At.lF, 11:Z4U:Z TEU:ptlUN& (71~) 0011•3"674 August 1, 1968 Revised July 11, 1969 LEGAL DESCRIPTION . FOR • THE REDEVELOP?..1F.NT AGENCY OF THE CITY OF SAN BERNARDINO BUILDING "E" CENTRAL CITY PROJECT AREA NO. 1, CALIFORNIP. R--79 All that real property in the City of Sar, Bernardino, County of San Ben,ardinc,, State of California, described as:, That portion of Block 21, CITY Cf Book 7, page 1 of Maps, in the described as follo\vs: . SAN BERNARDINO, es per ~.Aap recorded in • ~fice of the Recorder of said Cou,1ty, Beginning at that certain int desi9nated Point "F" in the boundary described in deed to the Redevel~,. ment Agency of the City of San Bernardino, California, recorded July 9, 1969 -~n-:Book 7264, page 766 Official Records <;>f said County; thence alorg said boc1nJary the following courses: South 0°02'5~1 West 134.29 feet,; thence South 89°57'0''" East 5.50 feet; thence South 0.,02'55'' West 0. 71 foot: thence ' . South 89°57'05 11 East 122.89 feet to a line tha': bears North 0°11'09 11 West from a point on the South line of said Block 21 that is North 89°57'05" West 98.60 feet from the Southeast corner of said Block 21; thence North 0°11'09" West 118.92 feet; thence North 34°17'10" West 19.48 feet to a line that oears South 89°57'05" East from said Point "F"; thence North 89°57'05" 'vVest 116.91 feet to th<:l Point of Beginning. Containing 17,203 Square ?eet. • I. • • • ·----~---• -•-· ------ •! 1 ., ~ , ,j '. ~ i .~ \, '¾ ' rt ~ ,, J ~· ' ,l •' \ ' I ' ·t , ' 1 ' ' ' .1 1 . , 1 ' { 1 i $ ) .;i: ! f I ! ' ' ! i ' l ,· _______ , ... __ ..._ ·- 17.c Packet Pg. 834 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r I ______ ~-, ...... -· ----,------....,-------. ............. ---..... """"""91---------~ -. --l, ' ~"; --~ l -' -.!! - -= Arro~r.r~~ i~~f{~) · BOOK 7580 PAGE 424 t ,v.1 .... ~.u .... ~ "":'"\, .. , ......... -, ~'·7,;5\,_ "'~'<JutU'ttn~ . -~ coalll' ... 11,ATION PLANNING • CIVIL. ENGINEERING • SURVEYING · 11110 F STRl;:O:T • P.O. DOX 600 •AN BER''1ARblNCl, CALIF, 112402 T•L'.PHONIII (714) 689,3674 July 16, 1968 Revised July 11, 1969 LEGA!. DESCRIPTION FOR • THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERN/\RDINO BUILDING "F" CENTRAL CITY PROJE<;_'!° J\REA NO. 1, CALIFORNIA R-79 All that real property in the City of:!an Bernardino, County of San Bernardino, State of California, described as: : . That portion of Bloc ·.s 11 and 12, CtrY QF SAN BERNARDINO, as per Mc:.p recorded in Book 7, page l of Map~ in the Office of the Recorder of said County, and that portion of "3rd" and "F" Streets as vacated by said City of _San Bernardino per Resolution No"; 9574, recorded December 19, 1968 in Book 7150, page 926, Official Records of said County, and R2solution No. 9351 recorded August 20, 1968 i11 Book 7080, page 517, Official Records of said County, described as follovis: Beginning at that certai:i poipt designated Point "B'' _in the boundary described in deed to the Redevelopment Agency of th!;! City of San Bernardino, -::alifornia, recorded July 9, 1969, in Book 7264, page 766, Official Records of said County; thance alorig said boundary the following courses: North 0°02·55" E.a1t 157.00 feet; thence North 89°57'05" test 480. 75 feet; th 1r~ce South 0°02'55 11 ~-st 11.83 feet; thence North 89°57'05:' 'iVest 4.25 feet; thence South 0°02'55 11 1est 73.56 feet; thence South 89°57'05" fast 1.17 feet; thence South 0°02'55" West 11.61 feet; thence South 89°57'05'~ E __ ast 2.83 feet; ,,.,ence South 0°02'55" \vest 60.00 feet to a line that bears North 89°57'05" West :from said Point 11 8"; thence leaving satd. boundary, South 89 °57' 05" East 481. 00 feet to the ?oint of Beginning. Containing 7 5, 841 Square Feet. ! J I " EXHIBIT 8-2 .,-,,-. ~ .. ~., ...... ~, . .,_. __ ,., • ! ' --------------· -----~_.::~,- f • ·• 17.c Packet Pg. 835 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) F ·• ' I ... - - • ' \ ,.. ,-' ; A. rro·w~&J;q, . , · ·-·· -------_·-----,-.-a a~·· I(_ j, ":-' ij,J..;....,-::, ~-,~·t· y ~i i~i}')J>t>.hin11 R~ ,_.. o~~--~-~d"' . • ~ r;o••o•ATION Pl.ANNING • c1vu. ENOINEERING • SUR'IEY!NG • 998 F &'rRlP • P.O. BOX 600 8AN ~ERNA'f'INO, CALIF. 92402 Tll:Ll!PHO .. ,:_ (714) eoP-3674 I July lq, 1968 Revhid July 11, 1969 DESCRIPTION FOR BOOK 7580 PAGE 425 • Tn...: REDEVELOP:tv1ENT AGE Y OF THE CITY OF SAN BERNARDINO CENTRAL C !TY PROJE . CALIFORNIA R-79 f San Bernardino, County of San Bcrnard;.no. Si'\N BERNARDINO, as per Map recorded :.n in the . ffi<':e of the Recorder of said County, • Beginning at that ce tai:1 point designated Point "A" in the boundar/ described in deed to the Redevelopment Agency of the City of San Bernardino, California, recordP.d July 9, 1969 in Book 7264, page 766 • Official Records of said County; thence along said boundary the follov,ing courses: North 89°57'05" V/est 153.4~ feet; thence South 0°02'55" West 11.83 feet; thence North 89°57'05" West 4.25 feet; thence South 0°02'55'' West 93. 56 feet; thence South.89°57'05" East 1.17 feet; thence . ., South 0°02'55" :vest 11.61 feet; thenci: leaving said boundary, South 89"57'05" Ea:.t 1S6.50 feet to a line that be2,rs South 0°02'55" \Vest from said Point "A"; thence North 0°02'55"East 117 .00 feet t:o the Poir.t of Beg inning . Containing 18, 383 Square Feet. '• . t ~ EX!il~!T 8-2 . ·-• ~ , .. ' .. , .. ,, ... ,.., ... ...,, ______ , __ ..... -~··-·• .. · .. .,.~ ... ,._,, ________ ,,, __ -----i'. "~~ .... ~--!.,,.,--.. --~----~-.-----~· -····· I • . ... - ' ' 1; ' , 17.c Packet Pg. 836 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) •• r·'·--·~•~.c'~i2~·~•~----·---·-•~>1~,--.... ------........... ..,..-----~·~~-~~--..... ----·-----~·~,~:J•:•,,.-~. ll ,. . . .. d .. . . . _;,.::;:-.-'] BOOK 75ao PAGE 4;26 ! - • Arro,vhe~ar} :::, · . ; ... ~\ ' • ~~,~ . . '~,.,~~:· . : : \. me,em,ni '--. ,, COl\•OaATION '-:!-.,.:. PI.AN'\IING • CI\/IL ENGIJ'H:.ERING • SURVEYING • 8118 F 1TREET • P.O. BOX 8110 SAN lllt~AltDINO, CALIF, 112402 TICl.l!:PltONIC , 714) 8llll•ll874 tnuary 9, 1970 \ : REVISED LE ',,AL DESCRIPTION FOR • THE REDEVELOPMENT ,NCY OF THE CITY OF SAN BERNARDINO l,\UILDING II H 11 _______ C=ENTRAL CITY PROJ~T AREA NO. l, CALIFORL-J:..::I~A-=-R:.--_7.::..9 _____ _ ~- All that real property in the City • San BernarJino, County of 3an Bernardino, State of Cali:ornia, describl:!d as:j · That portio:1 'Of .. Block 21, CITY OF BAN !3ERNARDINO, as per Map recorded in Book 7, Page 1 of Maps, in the r)ffice of the Recorder of said Co 0.1nty, des- cribed as follows: Beginning at a point on the :tast line of said Block 21 that is South 0°04' 2 0" East 327. 15 feet from the Norfneast corner of said Block 21; thenc,~ continuing South 0°04' 20 11 East alo,~g said East line 96. 77 feet; thence Nortl-i 89°57'05" V/est 79 .15 feet; thence: North 0°02'55 11 East 96. 77 feet to a line that bE?ars North 89°57'05 11 West ftk>m,the Point of Beginning; thence South 89°57'05" East 78.95 feet to the Point of Begin;iing. R~SERVING unto the granter 'the right to constr.uct and mnintain an over- head parking deck over the above described parcel, at or above a Mean Sea Level Elevation of 1067. 0!) feet. Also reserving unto the grantor the right to construct and maintain support columns for said parking deck along those certain li.nes show,1 as "column lines" on the attached "plat, ,which by this reference is made a part h1:!reof. Containing 7650 Square Feet. EXHIBIT 11 B-2 11 • -& • ----=--=-·=-::._:·· :::::_:_:_-'--"===----===~__::__c~::...c=_~-======~:_11~-""''_. .................................... -....... ,,.......=-===--'====="""""=----·--- 17.c Packet Pg. 837 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) \ .. -- JI . 4TH· • • I ~ r .:::.._ '•': ~ A . ... \-'";'~\. 7 ,\ :, \ .,, . . _.., ,, rr~·ov:1:r1 a r: ,'" ·~ v.....,_.....,._ .-.. , ·~,: ,-•-:, "~c, ~1 · · ~~l~tnWitrl{J- • ~ co••o•~TIOH PLANNING • CIVIi. £NGINEERIN~ SURVEYING 898 F' STRCET • P.O. BOX 600 SAN 110:RNAPOISO, CAI.IF, SIZ-102 T&U:rHONE (714) llllSl•3G74 ' \ • \ , .... l\.E, C,or. -·· _________________ ....,,,,. . .... \"• . ..... ..... • .. : .. ·. I • ' •• l t ~ ·1 , 5ubject to o f d Porty 'r/a\\.._ .g a9recmc::nt \ : ' . ·• . , _____ __,.,...····~'&~•55,• 11• E ;i:. l'·-:,~ j ff[:r:cc s, .• :~1-,) ~ ,·• , . \ . ' E.'<HIBIT 8-2 -~-. ".~l ; ·;~: .. . ·.· ... .. , .. '" . ·'. ., . . .. c-J •. o. • 0 :: i:.: " . :~;; . -~· l~i--~ . ; _, • • Q \""" • • • . : ~ ~LDCJ. · 1~ g ':)" . ... •• ,,...., ...f ;o 0 . •. !~ ;:n . ): .s . -: uc r-: . =o -.I ~ ~ :, I IC)· . ,-_ -~-~ c'J c -: ~ -N ..J LLI E ~.. 6)~ _, ::, cO • -.· cO ~, '---=- .. "" 0 0 • • • ;j : ~,J.s~ / -q-.:· . ,• •• 1~- l l , • ~ • • • • • i - 5ca\e: \""' oC>' Jon . .,, \OjiO kv1~c.d A?n', '2.t 1 \~-;i) PLt~1 ~l-'.0\1/\t-\G oU\LD\':iCJ~ "H" 4 "J" tc.t\1\2.~.\. C.\1'-f PRCJEC.1 A~:.}.. i\O. \ C.~\.\F. i-1~ 17.c Packet Pg. 838 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. : • ' I • r·--....41.------..-.......... -----..,_.,~ ___ ...,....,. ____________ _ . . ,.__,_ t ,,.,.. ~.., . ·-·~oOK 7580 PAGE 4:28 , .. .,, •' - A . . .:;;.-.., 'l.'"'!'\">) . . . '11' ~'7\ ' • ., " 1 rro··•,./V,'(' enc..,~ . ~~'r:,-, "3-.,r;· ., • • ~ (( 1:,, ~,,!':;"''>•?hi 1,w 't_~-...,.d""=c,vi o- ' ,•••~ Ctl a POAATIOH -...;_.•, PLANNING , CIVIL ENGINEt:RING • SURVEYING 11~1.1 F STRl::E'T • P.O. COX 680 SAN D.:Rr,l~RCINO, CALIF, 0:::402 "tlELEl'l.-.,.;>NI: (714) 000•367<1 January 9, 1970 Revised AprU 21, 1970 REVISED ' LEGAL DESCRIPTION FOR • THE REDEVELOP!l.1ENT AGENCY OF' THE CITY OF SAN BERNARDINO . BUILDING "J" " CENTRAL CITY PROTECT AREA NO. 1, CALIFORNIA R-79 I All that real property in the City of jan Bernardino, County of San Bernardino, State of California, described as: . · . . ' That portion of Block 21, CITY olsj BERNARDINO, as per Map recorded in Book 7, Page l of Maps, ir, the clffice of the Recorder of said County, ,'es- cribed as follows: BegL1ning at a point on the East line of said Block 21 that is South 0°04' 20" East 100. 00 feet frum the Northeast corner :.: _,aid Block 2 i; thence continuing South 0°04'20" East along said East line 174. lS :feet; thence North 89"57'05" West 82,59 feet; the:.ce North 0°02'55" East 17~.lG f~::!ttoa line that bears North 89°55'37" vVest, pc1rallel with the North line of said Block 21, from the Point of Beginning; thence South 89 °55' 37" E.ast 82. 22 feet to tc'.e Point cf Beginning. RESERVING unto the grantor the right to construct anci maintain an over- head parking deck over the above dP-scribed parcel, at.or above a Iviean Sea Level Elevation of 1067.00 feet. Also reserving unto the gra,.tor the ri.ght to construct and maintain support columns for said parking deck along thos:? certain lines shown as "column lines" on the attached Plot, •,vhich by this refi::::rence is made a part hereof. I SUBJECT TO that certain ijii'ty wall agreement recorded August in Book 335, Page 254 of Deedsf records of said County. 27 ,. 1903 Containing 14, ·352 Square Feet of which 81 Square Feet is encumbered by said party wall agreement. Net unencumbered area is 14,271 Square Feet. • ,. ; . , ' EXHIBIT 8-2 'I I ' I I t II ---------------------------------------~========:=:;=---··- 17.c Packet Pg. 839 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - ·"' • • · ..... • • •.• ····-. , • . •, • ,..,.., • -l.'""' A \~~,:1 Lt.', .. . .... ~' rr(J "'t"r; :: ,j (; ,r•~:::, V ...-.•'--' . ...._,-.... ~ ·,· ··~-.. ,:z· ·--;j .:· ,,. ·• .. ;., °":. -~~!Pta~VZ.tfH"I_ . . ~-a o 1 ~ ~CoAi,OA-'TtON . . PLANNING ·• CIVI E:.NCIN.:.:;u~;c SURVE:.YINC SOC f" S .:ET • P.(). EOX 6CO $AN t1::R:--;~ DlNO, c.,1..1F. o:~oz Tu.i:~,,o~ !714) o:.~-3G7-: ., ----~-•---,.-- ' \ • ' • ,41H· r' •••• l'\.c., C.or. bi k. '2. \ 1 C..$. V::> • . i ~ ·········· . ---------·-------~ •• .. ·. \"~ -. . . . ' .. : ..... . { , ' . :5~bj~ct to o ·f1 j § .l 09rec.mcni-'\. ; • •\ • Porty \-let\. t'· •9 ______ ....,..,..---~s~•5s':.T'E.iio1.1.1\ ::..·."':_.J /: -. ·: · 1·•-. . ....,. . . :-,:--: ; ·-:-\ . . . . : . . . . . ' . . •:: · .. ' . .. . .. · .. ..: •• . ' . . ~ . .. ~ . . -----.. . i . ,. -•~ . -_ ..... .. -.1: ·:• " • • • • • ;..- • '"1" . . ·:··, . ~. .. ... cJ . ~LDC:r. ·t~~ j" . ,:· !~ ; ·1('1 ~ ..:l tJ 0 -ll . ::: -: l) '--' -.J --.--.:-Cr:J.....1. C I: :::, -0 ,,., ' ---'. "-'!• .. --...J ·i--:~ :--('J 1LI ~-~ '· ol~ .,..J .... ... • cf) i..-=.,. I(') ~ .J tO r. .__ V ., .! c-JLIJ ~ ._,_, ~ . . . _ .. :-~ ,/ .•· . .t , . i l : o f . :c-J· ~ t; :... r,-:~~t:-'.":-c/;-;i-, C-:,-"'1.-o 'l._S_"i_' -:-:-;. •✓ \ 0 ::::- : . : ·.. • U-1 .. ,,I ~~ . CZ:,~~·51'0:>"°f' . ! ~····· 1~-~~· J:J-~ j .,···J -: .,\ • t,;. ! : • : . 1 -~ 15.\7'j St.~,• -~ : : } jou)u. "H:. ! · i; ~ ': • .,.. -·~~ > # ·r .. • "' . •. . ,{:\,. ' . .. . ' c..a ~--. .. ~-> ? 1 · ... \.'l:> o·~·---·" , -. ,. • . ~ 0 0 0 '& .. 1-. . . !)CQ \e; \ 11 -= ':>0' Jon.,, \<)'10 k.v1:.t:d ~t·1\ it/ :r:,) PL t'1.1 I i ' ' EXHIBIT 8-2 ~--o ., . ~o·,<'(, 1 · l -~ .... -: . i : l '~~-·_. _____ .. _• .. ____ ·•-'!-··· • • • • 5H0\1/\iiG cU\LD 1.NC::~ ''~" t "J" tlt\i~P.\. t\i'f P !?.OJ c.C.l' ;\:l.E~ i\O. \ C.~\.tF. 12.·15 (er 11.t:. 0 ::.Vc:.LO? :-\ E i'\ i ~..... "TO\ 1 C..' , .••• 71 t A.1':."!"..J-.J ,._'=--,1...:-.... ""''·-· •'--• ~. . . -~ ............. -,,.~•·--"I .• ·: ' ! ' I ' \1 ,, ,, =~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!-~-~-·""--~~~=g,,• ======-~ -------.-------.....,,. ......................... ...,.... ........................................................................................................ ,....... ______________ ,.,_ 17.c Packet Pg. 840 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) =,---' -· -«-,,~..,--} -·--------iii-· --~, __ ™ ____ ._ • i; l) () • l -· .. , i • . . ; , ', i .. J ~ ' ! LEGA !ESCRIPTION OF D~'VELOP'R PARCELS • •. ' ' . ' , • ' • • ' EXHIBIT B-2 ;..;."'l!>'cJ,,<,1-·~~-:. ;"l';:11/'IIIWI Rlllllll&!Mllltllllllll:&_..-,a.a· a,1111111111••••1•••& ,--•t--~·· ... ~ --••• _ .......... ______ _,,_ .. -~---· · '1i " . - ' . •• I ---~ ----· -· -----·--·--·--·-·- 17.c Packet Pg. 841 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -.,L ' • - 'II • ,. • -.. -·~ a 5 .Ill . . • . . ,, ' ' . ., -.. '• ·, ; • I BODK 7580 PAGE 431 • '· ' ' MALL er ~TR:~L CITY PROJ_l;CT .~RF.A NO. 1, CALI FOR;·,,; I.A. R-7 9 , _;___..::. ______ _ of San Bernardino, County of Sein Bernordino, All that re,· 1 prop,.:rty in the Ci State _of California, described, s: • That portion of Blocks 11, 12, 2 and 22, CITY OF SAN BERNARDINO, as ;-er Map recorrled in Book 7, page of Maps in the Office of the Recorder of · ,id •• Cou::ty, ar.J that portion of "3f"• ''F" and "G" Streets_ as v0.catcd by said <'ity of San Bernardi11c per Resoluticn tro. 9574 recorded Decemh,..:r 19, ! ":s ' : :ok i .J.50, page 9~ G, Official l{ecorcls of said County and E..:solution No. 93 , recorded August 20, 1968 in Bpok 7080, page 517, Official Records of sc lei County, dr-:,cribc-1 as fol!ov,s: Commencing at the riorthea.st co:·ner of ·said Block 12; thence Nort:--l s9c57'0S" West along the North line 0£ Sl..id Biock 12, a distance of 12'/ .00 f;c,c:~, ence Nor.th 0'J2'55' 1:::ast 39.92 feeqto th.:) TRUE POINT OF BECili:'NiNG; thc:nc,;; North 89°57'Cr," West 100.17 feet; thence South 0°02'55" vVest 40.00 feet to ?o ~,t "A"; d1:..nc:, North 89<>57')5" Y./est :53.42 feet; • • thence South O "02' SS" vVest 11. 83 feet; t ·, ·1ce Nro ...... h f')Q O c:: 7 '" c" V r . ., · -4 2 5 fe ~•t· ',___ .i.L..l 1....,_ . .JJ Uv 'IC~1.. • t:;, :lience South 0"02'SS't West 93.56 feet, "thence South 89°.51''05'' East}. 1 7 feet; thencf~ South 0°02'55'! V✓es'"..11.6] feet; thence South 89°5?f :)" East 2. 83 feet: thence Scuth 0°02'~5" Y./er.c 33 .17 feet; thence North 89°57•05" \Vest 35. 00 feet; th,... ce North 0°C2'S5" East 3'." .17 feet; thence South 89°57'05'' East 6.00 feet to Point-"B"; thence North O 0 02 'S S" .:;as: 157. 00 fe0t; thenc8 North 89°57'05'' V/est ~80.75 feet; thence Scuth 0°02'55" \Vest 11. 83 feet; thence North 89°57'05" Vlest 4.25 feet; thence South 0°02'55" Y./est 73.56 feet; thnnce South 89°57'()5;'' East 1.17 feet; t:1ence South 0°02'55" West 11.61 feet; EXHIBIT 0-3 • - • • ; .•• ,.K. ____ _ --·· --···--i ;I' ' ,j ' . -·· ___ ,. ..... --- , ..... _,_ ...... , .... ~ I & ' ., ' .. ~. . -. : . ' ·., ~ . '. . . .• . . . . . . .. · ' . . ~.. : :~a r . ' . ; , . \' , ·; ~-" .. (~ -·-··· ·----·-·· ---- 17.c Packet Pg. 842 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -~ --·_•:~•" ---- -~ t I j , i: t t l ' ' i I ·, ' .. . . . . . . . . . " .. . . • • ·• 0 tAS 1 #:a .. ... •. .,, 44!', ,-... _ 10111".ll!!l@p-l'"· -p.cr .,, ·., r q .··,_:-"i' -c t!ttr:r ,· ., ;, ,., _.,_ .. .. ' . thence South 89°5745" East 2.83 feet; thence South 0°02'55" West 60. 00 feet; thence South.89°~7'05'' East 2,JO feet; thence South 0°02.'SS" West 33.17 feet; th "'''"' th 8'' ~ -"'•Os 11 · W t 35 00 f" t· cnce ,L.r. . :::i, es • •-e, thence North 0°02'S5" East 93.17 feet; •--..... n.v "!'#14 · -tt ' . ' ' BOOK 7580 PAGE(32 -2- \ • 0°02'55" thence South 89°57'05" East 4.00 feet to }-t,inl: "C"; · ther.;;e North East 186.67 fee:t to Pcint "D"; thence Suuth 89°57'~'1" East 153.4Z fee:.; thence North 0 0 02 '55 "· East 11. 83 feet; ' · ., '":'• ..... ' . ' ' L ,<, thence South 99c.57•os 11 East 4.25 feet; thence North 0°02•55u East 66.17 feet; thence North 89°57'05" 1,,Vest 3 .33 feet; thence North 0°02'55" East 39.00 feet; thence North 89°57'05" vVest 0.67 foot: thence North 0°02'55" East 33.17 feet; thence South 89°57'05" East 21 .. 50 feet; thence North 0°02'5S";East 6.::io fe"'·: thence South 80°57'05" East 18.00 feet; thence Suc•th 0°02-'55" 1West 39. 67 feet thence North 89°57'05j West IO.SO feet to Point "E"; thenc.:2 South 0°02'55" West 157 .00 feet; • thence South 89°57'05" East 400.75 feet; -thence North 0 0 02 · 55" Ea~t 11. 83 feet; thence South 89°57'0Si' Eas.t 4.25 feet; 1 thence North 0°02'55'~East 111.56 feet;, thence Nortn 89°57'05, Wes':. .. 17 feet; thence North 0°02'55" East 11.61 feet; tl1ence i\Torth ::,a 0 5? '05" West 2. 83 fee1:; 1.nence Nortl-.,0 02.;'55" East. 29.17 feet;· thence NorL1 89°5.?''05" \Vest 92.50 feet; thence Nortii 0°021S"~East 3C.54 feet; thence South 89 °5 !'OS•' Ea~;t 140. 50 feet: thence South 0°02:55 · ;;;t 30.54 feet; thience North 89°5,'0S" West 15.00 feet; , therice Sou~h 0°02'55" \Vest 29 .17 feet; thence North 89°5 .. '0$" West 4.00 feet to Po.int "F"; thence South 0°02 S'.' \V(?St 134.29 feet; tr1ence South 89 °5 Of:.'' East 5. SO feet; thence South 0°02 sfjwest 0.71 foot; .her.'.~e South 89°5' 0~" East.122.89 feet. -. . • . . • • ·• ____ , _, ________ _ ' I ·/ -~ .· i~IW./;f' · i'.MWi:n'i¾@Pt(:;,,j,.,.;i,i ., ·.· .•. ~:J\,, .. ,1,tl'c..:,-~~fus.~~c.i{;%)~.;i'~~ 1't ,~~~~\\0-i~··· .. l .. ' 17.c Packet Pg. 843 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = - - --L : r . ~-------------~-----..... --------.. -..,--·-·-•--~-., I ." . .. . . /, ' !· • •. ·-3 - to a line that bears North 0°11 '09'' Vlest from a point on the South line of said Block 21 that is North 8Q 0 57'GS" West 98.60 feet from the Soutreast Corner of said Block 21; then 1South 0°11 '09" East 7 .08 feet to said ~outh line of Block 21; thence or,th 89 °57' OS'' West along said Souto line 28.'25 feet to a line that rs North 0°02'55" East from the TRUE • POINT OF BEGINNING; thence out!l 0°02'55" West 42 .58 feet to the TRUE POINT OF BEGINNING. . . .. ; \ i I ' ' I ,, ; .... ' '- . , . ' C ' .. - . -----~------------... ,. .... ,, I ( I ' \ ' • . ' T• .. i 17.c Packet Pg. 844 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --. I I I I ~. I '- • ... :. Pl.ANNINO • -=t'•::. ~NCl!Nl!:!trtlHC • auRVKVINQ ~. ' 5eD ., tST..,:ET ' • P.O. 1'0X tS.O . IIAN •E,NAMOINO, CALI:!", 112 .. 0t\ Tar.s,.~.01111 C714) ll:l>-:Hl74 July 21, 1970 Revised October 26, 1970 REVISED LEGAL DESCRIPTION roR • THE REDEVELOP~1ENT AGENCY l')F THL CITY or SAN BERNARDINO . ' MALL PARKING AREA CENTRAL CITY PROJECT ArtEA NO. 1, CALIF<)RNIA R-79 \ All that real property in the City of San ~ernardino, County of San Rcrnardino, State of California, desL:ribed as: That portion of Blocks 10, 11, 12,21 2 and 23, CITY or SAN_P.-ERNARDINO, as per ?~ap recorded in Book 7, page l Maps in the Cff ice of the Recorder of said County, and that portion of "3 · .'' F" and "G" Streets as vacated by said City of San Bernardino per Resoluti::: n ~-9574, recorded December 19, 1968 in Booic 7150, Page 326, and Reso1~t No. 9351, recorded August 20, 1966 in Rook 7080, Page 517, Officiat:Rf ·ds of said County, described as follows: ' Beginning at a point on the Noftl-i li'"le of said Block 21 that is North 89 °5.S' 37" West 150.00 feet from the Northea;i_corner of said Block 2_1; thence along the South line of "4th" Street; and alonl said North line.of Block 21; and along the Easterly lines of the ''3rd" to "4th"; and '·'G" to "-H" cor .1ector streets; and alonq the Nortll line of "2nd" Street as d~sc:ribed in those certain deeds to the City of San Bernardino recorded rlover,bar 5 • 19?0 ir1 Book 7549, Page 35 , and July 17, 1969 in Book 7269, Page 8~5, Official Records of said Count;•, the tollowing courses: South 45°04'23" W~st 11.31 feet; thence North 89°55'37" West 281.52 feet; thence North -!4°55'37",West 11.31 feet; thence North 89°55'37''W::st 150.00 feet: thence . . South 31°17'41" Wfst 83.46 feet; thence North 89., 54 • 34" 'Nl:?s t 283. 2 4 feet; thence South 85 °20' 19". West 141. 84 feet; thence North 89°5-1'34",West 213.80 feet; thence North 89°S8'Q0" West 41.27 feet; thence along a tangent curve concave Southeasterly with a radius of 255. 00 feet throu9h a central angle of 51°02'0~" a distance of 227.!3 feet: thence South 39°00'00" \Vest 461. 68 feet: thence along a tangent curve concave Easterly with a radius of 2 0. 00 feet through a central angle of 85 ° 12' 00" a dtsta~.c,a of 29. 7 4 feet; thence South 46°12'00" East 643. 92 feet: thenc~ a}ong a tangent curve concave South\vesterly I ( EXHIBIT 8-3 ' ' ! -- . I ··•~ 17.c Packet Pg. 845 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ·r . .._~------~-~~ ..... ~:---- ,· . :. Arro~lvhear!--:> ~OOK 7580 PAGe435 [~ ~ "' Legal'Descriptic:n Redevelopment Agency of the City o ~1.ntt,'ttruJ. : Bernardino ~all Parking Area Central City Project A'."ea • R-79 Page 2 .......... .. .. with a radius of 345.00 feet throug central angle of 46°14'42" a distance of 278.46 feet; theuce South 0°02'42". est 38.86 feet; thence along a tangent curve concave Northeasterly with a ·adius of 20. 00 feet through a central dngle of 90°07'34" a distance of 31.46 feet; thence North 89°55'08" East 61~.68 feet; thence continuing along said North line of 2nd" Street per said deed to the City of San Bernardino and along the Easterly p1 ~1ongat~on of said North line, North 89°47' 12" • East 620.51 feet to the beginning o tt tangent curve concave Northwesterly with a radius of 20.00 feet, said CJrve i also tangent to thei 'c.ast Une of said Block 12; thence Northeasterly along said tan enti curve through a central angle of 89°49' 37", a distance of 31.36 feet to said EaQc lir{e; tr,ence North 0°02'25" 'Nest along said ' East line 232.66 feet to a poir,t that is South 0°02'25" East 321.08 feet from the Northeast corner of said Block 17; thence North 89°57'05" West 127.18 feet; thence Jliorth 0'02'55" East 114.67 feet; thence North 89°57'05" \Vest 100.50 feet to a point that is South 0°02'55" West :,)6.33 feet from that certain point designated Point "A" in the boundary describec1 in deed to the Redevelopment Agency of the CUy of San Bernardino recorded Jt.:ly 9, 1969 in Book , ,, 64, Page 7 66, Official Records of said County, said boundary hereinafter referred to as "Mall boundar'.·"; thence North 0°02'55" [ast 89.33 feet to a point that is South 0°02'55" West 117 ,!'O feet from said Point "A"; thence North 89°57'05" West 153. 67 feet to said "Mall boundary"; thence along_ said "Mall boundary" the following courses: South 0°02'55'• f.!~est 33, 17 feet; thence North 89°:.,7' 3,?fest 35.00 feet; thence • North ocso2·s~ ,;East 33.17 feet to a poi.it that is North 8<l 0 57'05" West 6.00 feet from Poi "B'" in said "tviall boundary"; thence leavin<J said "Mall boundary", North 89°5' 05": West -173.00 feet to said "Mall boundary"; thence along said "Ma 11 boundary" •the .following courses: • Sovth 0 0 02' 51·· ~est 3 3. 17 feet; thence North 89°57' S" ~est 35.00 feet; thence· North 0°02'5 " ,;st 91.17 feet; thence leaving said "Mall boundary" North 89°57'05" West Z~j.:.33 feet; thence North 0°02'55" East 118.00 feet; thence South 89°57'Q5" East, ,'33 feet; thence North 0°02"55" East 180,00 feet; thence South 89°57'05" East 4.00 feet to a line that bears Nr,rth IJ 0 Q2"35" East from said Pcint "C"; thence Sort'1,0°02'55" East 7.67 feet to a point that ls North 0°02'55" East 117 .00 feet frorn Point "D" in said "Mall boundary"; then,::e South 89°57'05" East 153,67 f~et tee sa,id "Mall boundary"; thence alc..I'}g said "Mall boundary" the foilo...,1ing courses! North 0°02' 55" East 33. 17 feet; thence South 89°57'05" East 21.50 feet; thence North 0°02'55" Eust 6.50 feet: thence · South 89 °5 7" OS" East 18. 00 feet: thence leaving said EfIBIT B-3 . ' I , -· ' ' I I 17.c Packet Pg. 846 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - .,..I ___ , .... ,. _____________________ _i.:.,.. __ ___,....._ --------~-- . . . Legal Descriptic,n A 7580 -· · · ' Redevelopment A9ency or the CitY, of San rrowheai-:::aeooK I PAGE436 Bernardino . t , C,_..,t~tn'!.eldn'il- Mall Parking Area I Page 3 •••••• ·0 Central City Project Area No. l ,f Ca Hf. R-79 ~ : "Mall boundary" South 89°57'0S" Eatt 2.17 feet; thence North 0°02'55" East 187.33 feet; the:ice South 89°57'4()5" Sast 171,50 feet; thence North 29°24'20" East 12.24 feet; thence South 89°_57'05" Eact 2.50 feet; thence South 0°02'55" West 10. 67 feet to the Easterly prolongation of that certain course herein . . recited as "South 89°57'05" East '171,50 feet"; thence South 89°57'0~" East along said prolongation 50.00 fe ; thence South 0°02'55" West 249.00 feet; thence South 8S 0 57'05" Ea3t 238. 3 feet to said "Mall bour.darytt; thence along said "Ivrall boundary" the follovvin courses: North 0°02'55",East 29.17.feet; thence North 89°57'05" West 92.50 feet; thence North 0°02'55" East 30.54 feet; thence South 89 °57' 05" East 140. 50 feet; thence South 0°02'~5"' West 30.54 feet; thence North 89 °5 7 1 05" West 15. 00 feet; thence South 0°02' S" We~t 29.17 feet to a point that is South 89°57'05" East. 4.00 feet from P t ''F'' in said "lv!all bound<1ry"; thence le:aving said "Mall boundary" South 89 °5 OS" East 112. 91 feet to the Westerly boundary of that certain parcel described belo1,v as "Andrcson Building Parcel"; thence North 34°17' 10" West aloug said Westerly boundary 7 .19 fr.:et to th•:! North line of said parcel; thence North 89°51'23" Ecst.;along said North line 113.85 feet to the East line of said Block 21; thencQ Nhrth 0°04'20" We;;,t alonci said East line 25.00 feet to a point that is South OP04'20" East 42~.92 feet from said Northcast corner of Block 21; thence North 89°57'05" '.Vest 79.15 feet; thence North 0°02'55" East 96. 77 feet; thence South 89 •~5 7' 05" East 7 8. 95 feet to a point on said East line of Block 21 that is South i) ~04'20" East 327 .15 feet from said Northeast I·' corner of Block 21; thence North 0 0A'20" West 53.00 fzet to a point that is. South 0°04'20" East 274.15 feet oJ.i said Northeast corner of Block 21; thence North 89°57'05" '.Vest 82.59 feet th'ence North 0°02'55" East 174.18 feet to a line parallel with and distant 1 0.00 feet Southerly, measured along said East line, from said North line o, Block 21; thence North 89°55'37" \\'est along said parallel line 67. 19 feet to ' West line of Lot 8 in sa 1d Block 21; thence North 0°03' 10" '.Vest along said. est line 100.00 feet to the North line of said Block 21; thence North 89°55'37' West 0,62 foot tc the Point of Beg·nnlng EXCEPTING THEREFROM the follo Commencing at that cert boundary"; thence N'orth 0''02'55 boundary"; thence continuing N 89°57'05" East 4.67 feet to the " Ing described parcel: ~oint designated Point "C" in said "Mall East 186. 67 feet to Point "D" in said "Mall. h 0°02'55" East 363.62 feet; thence South ~ . l'.E POINT OF BEGINNING; ' ; I~ • • EXHIBIT 3-3 ' • • • '. ,, .,. .. • t 17.c Packet Pg. 847 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -=·",·.,· L __ ,<f.-,. --------............. i--------------..... --~~~ ......... ~J. ' ll ~-DUA a ... ;i91,e ¼S.P _,, ,, Ii Legal Description . A h ~OK 7580 PAGc43i71' - Redevelopment Agency of the City cf 5an ffO'\'Y C({~::, . Bernardino • ~t,~ , Mall Par\<ing Area Page 4 ........... . Central City Project Area No. 1, Calif.: R-79 thence North 89°5j7'05" West 84.00 feet; thence North 0°02'55" £c1~t 4.42 feet; thence North 89"57'05'' ~rest 136.33 feet; thence ' . North 0"02'35" f:,1st 19.25 feet; thence North 89°57'05f V/est 26.33 feet; thence North O 0 02' 55' East 69. 50 feet; thence South 89"57'0 t:ast 16.50 feet; thenGe North 0°02'55' ast 19.25 feet; thence South 89 °57' 0~ East 133. 00 feet; thence South 0°02'55" est 15.08 feet; thence • South 89°57'05 Cast 33.50 feet; thence North 0°02'55" East 60.00 feet; thence Sout:h 89 "5 7' 05 . Last H 1. 00 feet; thence South 0°02'55' · -Nc.:st 40.00 feet; thence North 89°57'( \Vest 24.83 feet; thence South 0°02'55, We'st 96.33 feet; thence South 89 °5 7' (I " tast 7. 50 feet; thence • South 0°02'5 West 21.00 feet to the TRUE POINT OF BEGINNING. . ; • ' .. Al.SO EXCEPTn,G THF.REFROiv1 H~'.Ning ::lescribed parcel: Commencing at the Northea ly terminus of that certain course recited above as "South 39 °00' ::lO'" \Vest 4 1 .. 8 feet"; thence South 33 °00' 00" W<2st along said boundary 140.08 feet; tr,-. e South 51°00'00" East 15.00 feet to the TRUE POINT OF BEGINNING; the I~ North 3g 0 00'00" East 118.08 feet; thence South 51°00'00" East SO.DO et; thence North 39°00'00" East 130.17 feet; thence South 51 °QO' 00" r:ast 74(0G feet; thence South 39 °0CJ' 00" West 172. 08 feet; thence South 51 °Q0' 00'' li,dSt 11. 08 feet; thence South 39 °00' 00" West 76.17 feet; thence r-rorth 51°')0;00" West 135.08 feet·to the TRUE POINT OF BEGINNING. SUBJECT TO that certain party ,vall ac;r1ecment recorde:d August 27, 1903 in Rook 335, Page 25-1 of Deeds in the ot~ce of the Recorder of said County. ALSO SUBJECT TO a,, easement for a Pylon Sign over and across that portion of said Block 22 descr~bed as follows: Commenc1ng at the most Nor.theasterly corner of the first described exception above; thence North 89°57'05" West along the most Northerly line of said exception 59.GO feet; thenc North 0°02'55" East 10.04 feet to the TRUE POINT OF BEGIN:·JING; thenc South 89°57'05" East 7 .O'J feP.t; thence North 0°02'55" Et'lst 7.0C feet to s 1d South line of 4th Street, being a line parallel with and dis:ant 12. 75 fe Southerly, measured at right angles, from the North line of said Block 22; th ce North 89°54'34" West along said parallel line 7.00 feet to a line thlt bears North 0°02'55" East from the True Point of Beginning; thence South 0°02'55" West 7.01 feet to the TRUE POINT OF BEGINNI!'JG. . ! . ' ... ':' ' . '• ~ ... ,-... , · .. ·-_., -----L 'IM1';f-..~¥,.;.....~ ... ;,-, ... i,;., -· .;,;,• ~-•~'·,i.•\:ft,, .. ~-h,...,. .. ,,... •'· ~· · -• • • ~ !f • ' '••~•.,;•,,., /, . .:.:,i ,!J "< l•~-~<',..,';I,: • 17.c Packet Pg. 848 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ·-- - - rl-...... , ,.__ ___ ~_-_ -------~'-------'-----1-5_s_o ____ ~ __,~ ..... ....-@ ~ ;' A 1 . 4 BOOK 'PAGE 438 i Legal Description rrO"\"llleU.S: -> Redevelopment Agency of the City of ~ln.v.Jt1HAJ- 3an Bernardino .......... . Mall Parking Area Central City Project Area No. 1, Ca f. R-79 Page 5 "ANDRES ON BUILDING PARCEi..11 : Beginning at a point on the F:asi line of said Block 21 that is North 0°04'20" West 148.41 feet from the Sot•thenst corner of said Block 21; thence South 0°04'20 11 East 148.41 feet to said Southeast cornt:r; thence North 89°57'05 11 \Vest along the South ane of said Block 21, a distance of 98.60 feet; thence North 0°11'09" w~,st 126.00 feet; thence North 34°17'10" West 26.67 feet to a line that bears South 89°51'23" West from the Point of Beginning; thence North 89 °51' 23 E:ast 113. 85 feet to the Point of Beginning. .. ' • ' • ' I l ' . ., It ,, ~-EXHI3IT B-3 .t,d. ·. . ••· , .• _ "I • ' ' , . l 17.c Packet Pg. 849 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) J.11 - , \ ·-.~ '•J ' . :- t ·,~ ff ... •' .LEGAj .... ~ESCRIPTION OF' AGE,( PARCELS ' ,, ; - . • I .• ~ t fl EXHIBIT B-3 ) \ '-·•------_:_:_:_:_:_:_=-=--=::::"":;_ -;;~=-=;;;--=~~~--=-=--=-=--=-=--=-=--=-=--=-=--=-=--=-=--=-=--=--=-=-=-=-=-=-=-=-=-=-=--=-~="""'"""'"""'==~~~~=-~~-~--;---~-~--------- -I p • t .I · l 17.c Packet Pg. 850 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I l I, t • : < { • -f ! " ; • f t ~ i ~ ; C - f ,._ .. --~---·-----~--~---=-=== __ ,, ___ iji 01:W"""'ll'rl>- ' . .. as C ,, .... · •·. •• '•• BOOK 7580 PAGE 440 IPL.ANNIN:1 • c1v11.· ENGIHKERING • BURVEYINI"\ •98 ,, IITIU!:ET • P.O. BOX 8110 1'.'.N bERNAROINO. CAI.II". !>:!402 TaLE~HON& (714) oaa-3074 July 15, 1968 Revi&ed July 11, 19 69 Revised July l, 1970 Revised October 19, 1970 LEGAL DESCRIPTION I FOR • THE REDEVELOPlvIENTi.tf :NCY OF THE CITY OI: SAN BE:itNARDINO ~-' ) :it; PARCEL "A" CENTRAL C I'IY PR CT AREA NO. 1, CALIFORNIA R-7L ____ _ . All that real property in the Cit f1San Bernardino, County of Sat" Bernardino, State of California, described a l That portion of Blocks 11 and 22 ITY OF SAN BERNARDII\O, as per Mi:l.p · recorded in Book 7, page 1 of M p , in the Off ice of the Recorder of said County, and that pore.ion of "3rd· ~treet as vacated by s-::iid City of San Bernardino per Resolutic;'l ?-Jo. 9 j .recorded August 20, 1968, in Book 708C, page 517, Official Records of s d_County, described as follov,s: Beginning at that cert::,in1 point designated Point 11 C" in the boundary described jn deed to '.:~e Redeve\op:nent Agency of the City of San Bernardino, California, recorder= July 9, 196~, in Book 7264, page i66, Official Records of said County; thence No~th 89"57'05" \\'est 4.00 feet; thence South 0°02'55 11 West 2.00 feet; thence No:th !3if57'05" Vfest 286.33 feet; thence North 0°02 1 55 11 East 118.00 feet; thertie South 89°57'05 11 East 46.33 feet; thence North 0°02'55" East 13G.00 fee{ thence South 89°57'05" Ea.;t 2~4.00 feet to a line that bears !·!orth G0 02'~S" East from said ?oint "C"; thence South 0°02'55" West 296.0Q feet to the Point of Beginning. ' Containing 78, 171 Square Peet. j ~ . ' EXHIBIT 8-4 ~ ·-··--·------··---•-·-·----·--- • i ' ' ' I ~ ! i l l 1 " ' i 17.c Packet Pg. 851 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • • II rrov,.,.1 p·;..:":r-1----- "" .;,<t • • -~-•l~U~ ," ~o••ollATIOH rLANNINQ:, • C:IVIL ENGINEERINO • SIJRVEYINO ,. ••• " 6TREET • P.O. BOX eao •At~ BERNARDINO. C:ALIF. 02402 tw:~t:PHONIC (714) eo~-3074 , I ·•uly 11, 1969 Re ·~ed July 1, 1970 Re ·s.ad October 19, 1970 • 11:GAL DESCRIPTION FOR • THE REDEVELOPMENT A · NCY OF THE CITY OF SAN BERNARDINO ·-.. PARCEL "0" - _____ CENTRAL CITY PROJL _ r AREA NO. 1, CALIFORNIA R-79 All that real property in the City of San Bernardino, County of San Bernardino, State of California, described a.i: That portion of Block 23, CITY O; SAN BERNARDINO, as per Map recorded in Book 7, Page 1 of Maps, in the Office of the Recorder of said County, des- cribed as follov,s: Commencing at the 1-Jorthlasterly terminus of that certain course recited as "North 39°00'00" East 461.68 feet" in the boundory described in deed to said City of San Bernardino recorded July 17, 19 69 in Book 7 2 69, Page 835, Official Records of sa·· l County; thence South 39 °00' 00" West alc,ng said boundary 140. 08 feet; hence South 51 °00' 00" East 15. 00 feet to the TRUE POiNT OF BI:GINNIK ; thence North 39 °00' 00" East 118. 08 feet; thence South 51°00'00" Ecst 50.00 feet; thence North 39°00'00" East 130.17 feet; thence South 51°00:QC," East 74.00 feet; thence South 39"00'0D" West 172. 08 feet; thence South S 1 °00' 00" East 11. 08 feet; thence South 39°00'00" West 76.17 feet; the,r;ce North 51°00'00" West 135.08 fe,et to the TRUE POINT OF BEGINNING. ' Containing 25,119 Square Feet. J I ~ . ' • ' :EXHIIJIT 8-4 • • ' ... , '' '·" ,,,, ' C t • • I r•,, ,,.,_.., .. ',, ' 17.c Packet Pg. 852 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) e-f_i -·--•~., ----------~' ~ lj • • ' r LEGA WARD$ I . i ' ( l:>~~SCRIPTION OF ARCE:LS ft •' ' ,, ' '. E>.."HIBIT B-4 • • I . \.) ~DOK 7580 PAGE 4,12 ·-·----··--···-. _ ....... ______ _ ·---------.. _____________ .,.. , ....... ,_, __ , __ _.., .. .___ ........ ______ •::••--- ' ' ' ___ .,_ -----------~-----------·-- ' 6 "'' l • 17.c Packet Pg. 853 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r· ' ·- - ~-···---.,..----------------:-------:a;...-~---------------·· .. . . ... , • ···.Arro .. -. • 11'1.AN .. ING • IYIL ENOINEERINQ • SURVltYINO £1i:T • l',O. BOX e•0 .. •· .,..,,_,. . RNARDINO, CALIP", 112402 HONS (714) D119-3d74. ! ; .. : .. , ' .. ; ~Ap,·il 6, 1970 •· ,:.·-·,-; .. ' "t .~ • ' ', • . .f \, • . . . ' .. LEGAL DESCRIPTION • • FOR THE REDEVELOPMENT AG ·cy OF THE CITY OF SAN BERNARDINO REVISED HARR . CGMPANY PARCEL , CENTRAL CITY PROJECT !~REA NO. 1, CALIFORNIA R-79 All that real property in the City o, San Bernardino, County of Son Berr1ardinc,, State of California, described as: , That portion of Block 12, CiTY OF SAN BERNARDINO, as per ~.1ap recorded in Book 7, page 1 of tt1aps in the (l)ffice of the Recorder of said County, ! . and that portion of "3rd" Street a, vacated by said City of San Bernardino per Resolution No. 9574 recorded December 19, 1968 in Book 7150, page 926, Official Records of said Cou y, described as follows: Beginning at the Northeast rner of said Block 12; thence North • 89°57'05" West along the North 1 , of said Block 12, a distance of 127 .00 feet; thence North oa02'55" East 3 .9~ feet to a point in the boundary described in deed to the Redevelopment Agency of the City of San Bernardine recorded July 9, ·1969 in Sook 72P.4•, page 766, Official Records of said County; thence along said boundary the following courses: North 89°57'0~ West. 100.17 feet; thence South 0°02'55 ~We~t 40.00 feet; thence leaving said boundary and contin\.dng South 0°02' 55" West 206. 33 feet; thence South 89°57'05" East parallel with said North line 100.50 feet; thence South 0°02'55" \Vest 114.67 feet; thence South 89°57'05" East 127 .18 feet to a point on the i::ast line of said Block 12 that is South 0°02' 25" East 321. 08 feet from said Northeast Corner; thence North 0°02'25" West 321.08 feet to the Point ::,f Beginning. Co~taining 65,494 Square Feet. ' r ••• 1-!IBIT 11 B-5 11 i ,- ·i >-. ' ; ~ J t !' ' ) 1 '·"""'--'-err - • ' j ii ' ' l ' ----- 17.c Packet Pg. 854 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ,. '··-······ -------·-· .. -__ .... ________________ _.' :------------·-------·----•-_.4~1-•z•: •z.~.:tll!I~"'?··,·, I , ' J (J ~ ' t) LEG.I\L DESCRIPTION OF HAR~IS i?ARCELS ' j Li EXHIBIT B-5 ,• , BOOK 7580 PAGE 444 :IIIIW,~ • . ~..,;;, , • ·, ------.. --·-------·-· .. _., ____ .. 17.c Packet Pg. 855 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -rL,B--------------; --~----------.'\ { - - i i .\ R.10-27-70 ') .!' lArT c ~ CENTRn CITY MALL §S!}_AN~B~E~~-• INO, CALIFORNIA f i SIG CkITERIA I I L . \ These Criteria hav~ been established to assure an out.-~·· st.anding Shopping Cen~P.r ai'1i fo 7· the mutual bene:f'it of. all Oc~u pants. Conformance will Pl' :,trictly enforced and any installed . nonconforming sign must be, brought into conformv.nce at the sole~ expense of the Occupant erecting the same. Sign ures A. B. The Project Archit~ct shall aaminister and interprE:!t these Criteria but shall not,: be empowered to authorize any d~part- theref.1'.'om. f GENERAL REQUIRfl:!.ENTS -A.LL occ-q:PANTS :!.. Each O=cupa,1t sly:l,11 submit or cause to be submitted to the ProjP.ct Archite<;:t for approval before fabrication, not less than four )0 copies of detailed drawiags indi- cating the location, si~e, layout, design, materials and color of the propose sign, including all lettering and graphics. Such tlravJ ngs shall be submitted concurrently with sufficient arc· tectural drawings to show the exact relationship with tt store design. 2. Each Occupant s approvals, insta:lat 3. Each Occup~nt s of all requirements 1 obtain and pay for all permits, and maintenance. l be responsible for fulfillment these Sign Criteria. 4. No Occupant sha affix or maintain upon any glass or other material on he Mall storefront or upcn the ex- terior walls of the b ilding any signs unless it shall first have received the written approval of the Project Architect. GENERAL SPECIFICATIONS ·-ALL OCCUPANTS ------~-----'------------~----- 1. Painted lettering will not be permitted, except as specified under Article F-2-AB hereof. 2. No animated, mitted. fl<thing ' or audible signs will be per- B IIBI'l' C Page 1. - 17.c Packet Pg. 856 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - • ,.L_·-=;~:1~™~-~~-=--.'~--~---~-··---··~·~-~~-.... ~--Z~-~. --,~·-----...,;,l, __________ --_-_-_-_-____________ __ _, --- R.10-27-70 R.12-8-70 () " () c. A BOO~ 7580 PAGE 446 3. No exposed illuminated tubing or lamps will be permitted. 4. No exposed raceways, crossovers, conduit, con- ductors, transformers or cabinets will be permitted. 5. No manufactu~er's or approval agenciAs' labels exposed to public vi~w will be permitted. 6. No pylon or pol( signs will be permitted, except a Shopping Center ide!'.~iification sign at the di.,cretion of Developer, the Penne~ TBA pylon sign in the location shown on Exhibit D, and a r ,nwar (Warrls) TBA pylon sign within Monwar Parcel O. 7. hll signs shall installation shall c and electrical codes ' ear the UL label, and their ply with all local building 8. Electrical ser•.~0 -..o all signs shall be on the reEpective Occupant'C-~~ectrical system • • ' .._ COL\!..: ~'RUC'l'IOU R.EQU1R · ENTS -ALL OCCUPAt-.'TS 1. All signs, ·vol ,. fast2ning3 and clips shall be of hot-dipped galva.,..zed iron, stainless steel, al, .u inum, brass or bron ·:e. No black iron materials ot a,ny type will be permit ed. 2. All exterior s · ns or letters exposed to the weath,ar :,hall be mounted 3/." from the wall surface to which th,ay are applied to perm:.tt proper drainage of dirt and water. 3. Location of alf openings in buildin':J walls for con- duit and sleeves shill be 3how'1. on the drawings submit- ted to the Project .i:1rchitect for appr~val, and instal- lation shall confort with the approved draw::i.ngs. 4. All penetrations of any building structure shr,~l b~ neatLy sealed to a watertight condition. ' Each Occupant or, its sign contractor shall be I>s;.,pon- sible for and shal:;. repai.i:; any damage to a11.y work causeid by ·ts work. ' 6. Each Occupant. shall be 1:esponsible for the perform- ance of its sign ntractor. ' EXHIBIT C Page 2 . ,, I -~--. ·~ ~ . ' . . ... · . ' l • 17.c Packet Pg. 857 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I Lil --~ • . .. • R. 10-27-70 R.11-4-70 f-70 (),) bOOK 7580 PAGE 44•7 D. F. ' t ' ' DESIG'.< ' JUIR1::;.1I:::ITS -At.L OCCUPi\~ITS ·------·-- 1. N, · signs on S,P<.~:ial backgrounds shall be install "d. 2. No signs frontage will ' . . perp~r1d1cular to the buildin0 or Mall 3. No signs ing rou r. be pei-tnitLcd. will Le per;itted on any canopy or h11i'' 4. 1 Yo siqn or c>n~ the parap~~ or top DEPARTME;•J'l' STORES ' . portion th~reof f wall tc which shall project c1;,uvc ·'-t is affixed. The provisions of this ExhibiL C, except as otherwi~e ~ pressly p.ovided ii·, this Exhibit C. sha.11 not be arpli 0 ,ule to the identificat ,n signs of Monw;:1r (Wards), Penney nl'." Harris, it bc.::dng u P:rstoo<'l ;=inrl ::in:r0,··r'! thr1.t thes"' 0 2•=in' ,: may have their usua;1 identifical~on signs on the1r b1__,,:ldings, as the same e)~ist ~ .. '1 similar b1;i ldi r,gs operated by them in Southern Cal.iforni;I from time LO time, iccll1c1jng Enclos::-rl Mall entrance signs whi~fii may be tc, i_milar to those of the same Occu-- pants which are locRted in other Enclosed Mall shopping centers in Southern California; prc·•ided, however, · here shali be no r )O~ top signs or signs which are flashing, moving or audible. With re$1 1 c::=t to the TBAs tr.e provj c; ions of Sectio:is B (cxcert B-5), D-:2 and D-3 of this Exhibit C shall be a1,2licab1e. Fc,c t.he pur- poses of this Sect{ r1 Ethe Harris sign attached to th~ elevator pf•nthou:cc shall no be considere( a roof top sign. DESICN REQUl RE1·1ENTS. -MALL OCCUPA~'"TS -· .-. Interior Mall Signs: . (A) I. Loc~tion !-.Eir.c a'., d Type • I l. Each Oc only with t ing on t,10 be permitte ~pant will be permitted one sign ,exception that ~n Occupant ~~ont-, . 1116.:-e Malls, courts or arcades wil ".. ., . . " one sign e~rh front. 2. Signs shall be located within the storefront: opening only . . 3. Signs shall have one line or, 1 v an, shal 1 t.a,1•"" a centerline exactly lC' -6" above t ,-'i, · · '1ec.. Mall floor. • 4. Signs sh~ll be parallel to the and shall project not more than 4" b storefront lea~e line. _. _:_.L·ont , , 1. the s. Sign~ ~hall be of the following si?e~ (a) In length, not more th<'ln tw0--thirc1s of the overall le~se frontag•~ (rne03ure0 in <4 sti:aisht line without ::eces ,s) nor less than 3' from '1ny nearest ac ,ac"'.it lease line. . • I t EXHIBIT C P.agc 3. I f i ;,- 1 ' ' ... ' : '• •• '' ~' • -r • ' ~ , , •' '11 • •, • ~ I "' •• • : --• • I, ,. " ¥. ,.._ • ·, • ~,J;'t' i.. ·' . ,, n, • • • : . . ,.. ~'\ . ----~~·::.:-..::·· - .. ' ' j . . . , . ,. ,, ._, " . ' 't\ 17.c Packet Pg. 858 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) = 111 . - (B) i -'--·· ----------· bOOK 758fl PAGf •i48. (b) If ~f ail capitals, sign height sh; cl be exactly 14". If of capitals and lower case, capit,-ls shall be exactly 16" w~, , the lower case letters proportionate thereto. 6. Signs shall be individually mounte~ letters. No b~ript .,ill be allowed, except thtlt where the Occupant may have an established, publicly recog- nized ''logo" or store si,:rnature, .,tc:, may be used; provided, howe·er, that such signature Qhall con- form with all ther requirements of ti· Sign Criteria. 7. Occupants ~hi 1 display their established trade names only. additional advertisi.ng will be p~r- . t t ~ ' JI• • t S 1 h "Q 1. t Sh " mi. eel, i.e., Discoun .a es, ua. 1 .y oes, JIMen'H Wear," etc. or miscellaneous brand names included in their operation. 8. Each Occu.pant may place on each storefront, within the glass area, gold or silver leaf letter- ing not to exceed 2" in height nor more than 144 square in~hes, iridicating hours of business, emer- gency telephone numbers, etc. 9. No advertising placards, banners, pennants, insignias or trademarks or other des(:riptive material shall be affixed or maintained upon t.he storefront .• 10. No si~ns will be permitted to be displayed in show window space without the approval of the • Developer or h~ appoinl0d agent. Construction 1. Signs s ifications s 2. No sign reverse chanr and face. conform with details and spec- q on Sheet sc-1. ·-1all be permitted other than !,construction with opdque sides 3. Illu::iina.bion is optional, but back-lighting only may be i'ftec. 4. Finish shall be high-gloss, baked enamel of a color selected from the palette of twelve colors to be pru-Jided. However, if a defi,1i t.c color may be identifietwith an established, publicly recog-- nized ''logo'' r signature, such other color may b<! applied prov. ed material and application conform with all oth(tt" requiremr:>nts of these Sign Cri--:eria. ' e • EXH".:J3IT C Page 4. ' 17.c Packet Pg. 859 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) " '1._ __ ,.......,.. ___________ ------------ ~' JI f ' () () G • MISCELLANEOUS l. Each Occupant wh¼~has a non-customer door for receiving merchandise ~hall stencil its name and address on the door in 2 •• high block letters. Where the doo:r: may serve n,c:·e than one Occupant, each name and address shall ~e ,'.t?Plied. Letters shall be of the letter faces wn on Sheet SC-2 attached hereto and shall be approril)li1tely 4 I -6 11 above the floor . • 2. Each Occupanl m;ly instal ~ on the Mall numbers only for the street address in the tion stipulated by t. ~-Project Archite~t. shall be 4-1/2" high.. i_tten's 1 'E:x:ecutive" .. ufacturer's standard, ite finish. H. .ADMINISTRATION front the exact loca- Letters with man- In the event any c.,f:lict of opinion between the Occu- pant and the Proje A:r:-chitect as to the application of the Design Crit -ia cannol be satisfactorily re- solved, the Projec Architect shall submit: the design • to Develoj?er, J. c1, Penney Company, Inc., Montgomery Ward & Co., :rncorp ated and 'I'he Harris Company, whose decision shall be 1nal and b~nding upon the OccupaPt. This shall not be construed b.1 any Occupant as •,.,iarrant-- ing submission of a design which does not conform to the Design Criteria. I. EXCEPTIONS Signs required by law (i.e., barber pole, bank, etc.) will be permitted, but only as approved by the Project Architect. ' ' • i f:XHIBIT C • • . Page 5 • > J -------·~-------~-·-·· ,_, ______ ,.. ________ _ 17.c Packet Pg. 860 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -- r L~-----------------'.-~-----------·-· _:_--_--... ~: ... :, .. ~-..,J ,1 r, j I I ;, .,_ - ·c ~ bOOK 7580 PAGE4·5Q t J - -f--------a_d_ja_c_e,~f_:._e_l_in_e_s _________ _ ~ t 3'-0" min · ~ . 7 I - ____ L . . I ~: -I ' I r-----. -.------------t , sign area ' L_____ -----·-----------l ------f-------- m s:: ·-C ' G> ' 0. 0 0 •' N ..., c; w-0 ... .... ~ '~ ~ . neu~ral strip +12' • storefront-} backlighting (where occurs)-E reverse channel letters --f 4" · ELEVATION locate all transforrners. conduit, pull boxes, etc. -this area. no bolts, screws, connectors, etc. shall be visible on exterior of storefront. -k --~-r-'-----lease line SE.CTION - . • -I _r, center Ii 1,0 ·- ~ ' co I ' 0 ... Cl~NTiV'-..L CJ.'I'Y Ml,LL Sjgn Criteria Sht. SC-1 • ' --1-- • , +. 17.c Packet Pg. 861 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • ;.l,_~t ---------- ~ I ;~ ,. , :.I (_, i ' ( , ~, ' bOOK 7580 PAGE ~~5j~ I Univcrs rJo. 65 A rB CC IT) [E ffi G ~"~ ~ ~J ri{~ ~°" ~VU ~~ (0) raw~~ cu u VV~P J{\f l SJ ro) cc CD.l ® ·ff f J rm •] ~·~ ~ ITTrD [n) (0) LO) COJ rr ~ ·ft ~ll ~ ~J~ J't v 12 ' ~ ryJ c;:~ £11 ~:\ {Q:_ c-=-:~1/ (c~}) (g) (C. \\ • u cf._, Q)) '"if' ~1 ~ /; (Q) Q}) ()J ~ ~ ll /J .. ~'° fl U ·.~~)J n (()). r.~ ce~ (D¾J ,, -==0=_,,. . . ~ U ff ( c::•0-ry ~ . ,9 V 1(\1 ~ 0 ~.~ , u , ~ I j ' i ' I. l f I ~ CENTR.l\L CI'l'Y t-'~\LL C' ' C • • t • ,~ \, l r• C r, ., J.9n r 1. er 1.a ,::,.. . . ~ .-£. ' ... ~--, .. -A-~ --::-,::.....__ ([ I --•• ..__ . ·-·-·-···•--··~:-._-~_,_......,,_~,, .. _ .. _ ..,__~, .. ' _L--'~~....__,, ....... __ ~ 17.c Packet Pg. 862 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) II I l1 11 11 I !!i ;; II I I i -I : 11 f~ II I I I " • • I I ' I I ! 11 ! 11 'Ii·~ '·r ,111V 11111 II' 111111 11 I I Ii !1111111: - ..,_ ___ -· I jiiiPI· . ! II l:it6 -~ • -· l I I : .. I .! ' r I II ii ' ! 1111: I I : I , I i: T • f· I Ii ' i , l r--·' I I ~ -I ·-:--11 II ' II' • -v~ - i: I '' Ill• \ ~ , -r,1.ff.~,, /I TH\tl9----/ ~~;,~ •~--~' '°> "' -- ~ cl "' \\~ • TABULATIONS ' FLOOR AREAS: ' ' ~ MONTGOMERY WARD ~ MONTGOMERY WARD TBA ~ J. C. PENNEY ~ J. C. PENNEY TBA ~ HARRIS COMPANY a5 L'"l r-~J DEVELOPER: ::, .:::, -- TOTAL TOTAL (BLDG. A) 153,052 SO.FT. (BLOG.OJ 27,324S0.FT. (BLOG. C) 202,163 SO.FT. (BLDG. N) 25,031 SO.FT. (BLDG.Mill) 135,800 SO.FT. (BLDG.Mb) 105,400 SO.FT. (BLDG. '1) 241,200 Sil.FT. BLD'J. B 32,726 SO..FT, BLDG. 0-1 ~-D-2 64t BLDG. D 71,200 SO.FT. BLDG. E 30,396 SO.FT. BLOG. F 138,616 SC'.FT . BLDG. G 33,306 SO.FT. BLDG.H 7,120 SO.FT. BLDG.~---13,270 SO.FT . I TOT AL COMMERCIAL FLOOR AREA 975,401 SO.FT. TOTAL PARKING SPACES: I PARKING RATIO, ___ JOTAL~ARS _____ TOTAL COMM. FLOOR AREA/1000 I 3,562CARS = 1~~ 975.4 • 3.65 I _:;..c----. .t ~ . V 0 ... ~ u .. j' -J --- /. I I ' -.. NOT A PART '\ , a• . ..... ? . 4•. f /1- i~' 11 ;}:, '" 0 NGLE f j II v ANGLE 60 65 90 PARKING STANDARDS r~ \J ~u•ox J, 0 ,, LIIIJi'sll_[H 0 p /-PROJECT PYlOft SIGN • ... en I I :z: I .__•II 1 •11••1111 •1 -~ ,.. -... '" , ... ~/ .. ' ' I , II i Ii • I 11 I, .II I I llli •--• cil&i)~ II i I ' , I I 17.c Packet Pg. 863 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .,, __ !.!:~'-- ----------------------r --~ i 'l----~-4------------------..... ~-:---•-, _...,..""°•----------••• .. ·-•-• '19d••~--.... • .... -•~.-""°--1 -,: ,~· .. _ -- ' 1 L = l ___________ _!h~00-!(~75~8~(!._!l P!G!~GE~4~~3!,._ _______ ~--7 , ... \: ' \~ '\"" -.. ---· ' ~ ,,.-,------- / .. .., . ,. ,. ,. lD ... • -~ ! •,'.. _,:~ . - t H _ __$TRJiT _______ - z 0 "'4 ,i ,. lD ... I \ I I 1 \ .... __ . I I ~ -----------·- ----, --.• • 17.c Packet Pg. 864 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) n ~ 8 n ! :Jt a ~ ,. "' >I "' 0 • • !S -• . _l _§ ... I ... • I ~ 0 ' I ' I VJ -n• 01 z " UII' ... • .. "' .. _, ,. _Z " "0 • ... • a .,. . , • i BOO~ 7930 PAGE 454 • .. 0, 0 UI -.. • • -- ---=--••-e"------ - ------- • 0 - --~ ,. z 0 ,- "' ~-• I: --. z • • UI u, o. • "' - ·; ------_/ ----•·u·· ----~/ --=--·---- :11 .. • -... n ,. • ) •D C) - ... .. • . ·t · -11,-·-· -- I • 111.0' ·-+- TIUr,K DOCK 41 CD .. ;, ,- 0 0 ,. . ,' . ' . ·-. · T • • I •• 'l'I ,- ... 8 • i 0, . · 1 .. I ' ' _ ........ -T lw !"'· I . . . . . ' ·i- : ! 1·· .. . . ----· -= 17.c Packet Pg. 865 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) l _ __J__ __ -I I 1· .,,. ~ . l lli --· 7 /,., ~, //J:' / ,, I , • / I ~o / .o, , • ll.~-::,---·· I rtUCK DOCK 1HS.O -+ -r .. .. --_,,., m r- "'0 G') f w ... °' I~ I,._ I I: 0 z • -4 r-I:) 0 i 0 ffl • :::D > • t :a --0 180 , 2 98. 0 , 117 , 181,83' ... "' • .. ---- -J ... ,. JD ... .... I')~~.,, , o• ~~~-75 80 PAGE \>5, . ~ ------------1.t.' =----=-=-=--=-==--.. .. .. -. --• A .--,-~ .. BOOK " ' l \ 7-67 • >1" llOm Ill JD ,. < -n Ill 22 7._!_~ ~j • t I 7. ? I f ., -... I I n > " "' :> \ .. 't- UI ---"" • • 0 C • .. z t-w UI ,... . ... ... .. -.. ,• j::, ' - , • I r-- --+- .... '• I "' . ·.w ,. ; . ·---~-=::::::·- 17.c Packet Pg. 866 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - -- ~4 - - l- • i _________ _ .... n "' z ... ,. ,. ,- (' -.... -< '"O :,a 0 .. "' n .... z 0 • - I J 1ft ... ,a Ill "' ... ... "' < "' ,.. -... ffl ,. ,- J> z --_.., a a .. -o• C I ....... 00 &za - f," -- '/ -··----------.... ""=' • ,t/4 --------------------••sq~J[llas-•----,.,,.. __ 11::' __ r I F ST._. Ill )C • z n > ,.. -"' a, ·-2 -"4 ,, "' -~-. I C, ' 102.25 5 _,,_. ' • ~ '· ,. r YI ) fl/. II ~DOK 7580 P~GE .\56 ~-- ' ' ' ' ' ' //I 1 f L 1 ____ , rrf-t--# A ~~~ 7 ~-11,1 ... • w - 30 I, I IL '✓1. ///, ' ' \' -' --··\"t/34" -0 ' I °'!,, . \ \ \ \ ---t--\ \"' ~ ... ' .,.,, . I 34' ! 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I ----------------.i.. 1 --- T I ,-----~---.. ----·--- 17.c Packet Pg. 867 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - ,- _1_.. --~...-,;p!lfll~.- ""'8 • - • Ill c,r- 8 246 1 • f. l • • • • .. ... . . . . . . ........ J ·-··o· -_____....,. Ill -. . ..... ~ . . . .• EE I •••••• 0 0 0 I I o I O o • 0 I, • 0 I f O 0 ........... .. . ......... . • 0 0 0 0 0 I O I .. 0 .. • -. 135 .... . . . . . ... ., .. . . . J.t . . I . • . . -.. . . ... _ ,. .. . .. ffici . . . . • . . . -a ... ~ .. • -... ... - • .. n 0 ., • r •-. ------.... ~-------------- BOOK 7580 PAGF 45 7 ;I = Z C11 Z 0 ffl• -c n n > • UI : • ~~\~\~\\i.-'"o"M.~\~i,,;;.,,...-\-~~'T"M"~J, t ' ~ 22 WM I I I .. > z 0 ✓/ / / • -,__,_;. .. -- UI .. ---- • , I I -------1 ! 'N .. 0 • ' C, I . ----------------+- I I I t t I • I ' iw :. I "' I • i ... ! .. , • ' I -l I g---.. . -I----+----------+ -- 97 1 •• &., ,. 8 . 174 1 -· 1' a .so' --I~ i ,,. 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I lj .-, 17.c Packet Pg. 870 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I - ==-=-=-=-=-==-==-~=-====-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-===~====~~~~~~~-;-;-;-;-;-;-;-;--;~-~··------!L:-:'11:===-=_==--=-___ =_~ __ Y:!-@igf ffl _G SL Vt "" n, 01 z " "'I ... • Ill "' ... . I , l '• ' ~! .... :-,,., . ., . . I 1·,U.1~ 7530 PAGE 460 ~---- I . , 'r- \ \ \ \ ' -.:..-i.,-....--, \ ' '. '• ~\_.,,__ ______ _ ~f (\----,~ • . ' . ' ., " \ ' \_ \ \ \~~ ···--, I I lr.:!J/;.1 I· //1 ·- I - . r \\\30' ' .. I -·-· -····-,ff ,..,. • --'• I ' I I I i I 1w • .. . 0 - i I I • • ,. .. 11 _ , / ,,. ,r -r--UTl,001 511111 ----•-=-, 111 .o' . ---. - -------------~- -----· .....-,.-----.-..........-----...--. ~: J:: ~~:: '.: I-.., "" - ~ -.., Cl °' .. ,-.... .,, 0 .. I C,. -g ,. I - I ~-. - 17.c Packet Pg. 871 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I I 1 ~,;:--I I I !II 111 I I ! ! I I I I I I I I Iii I I I 1 2 1 I I 11 1111 I , ,-' ,l l ~ i I 1 / I 1. I I I I Ir I 1! 11 I' 111111!1 IH Ii I I ~I I I i 1111 i I 11 1 I ' I 11 i I ... I I .. "'' i ' I I . I I I ~,' 'ti -·--- I I II _J • ,., '- ' .. ~ o 1/ '6 I I I • I • lfl.14 t ·-r-- I I ~ I ~-·---. ~ -__ -.1t -----,oua,H 1,.11, i , ~ , -------• Pl N N IY II A • -~.::.:::.:: -, t--- C:, / ~-•• . PYLON IIGN U; .:,; 00 / ,,,,af::::::;:::::::a..: . 1" • LOCATION t • '._ • al l£' -) n {_j!J : ''. 1~ .. ·~--:.r, ,: . , /8 ,,, ~ fl,11, ' 1'1 = ll .. 0 .. at-= ,20·1 · -.fl: •LDG• N ., PENNEY TIA 161' • • • .. .. ~ 0 t D l \ 30 • I / N ... ~ ~ G# •L-LLiA t-77:1 +-----I i 1124 CARS! i \ i \~\'' I \ '" Q"\ I ~.~ i ~-~ & ,o I ~ci~ N~ ~ t;,; 'l,11 1"64-•" e ~--, 35' I -,( 9 -• . g. ~ 3f -____ , _ • r=-+ . --~ ----- ____ .... . . . ,z -,-pi: ~ l,tlV I~ i•· ' )) ~~----~ ~tJ~ ~ / / ~-I ,•r:- 1 ! ~ I T • ' • o .. C) I • o .. •: c_ -... c -1 :::, .. 0 I , II " ' ' 1 $ _;t-: -0 ,. ""' ·ILIC fACI IASI ARII 0 • .., . • 0 • • • N MOltlTGOIIERY WAR. IILDG. A I :1:44. o· 14' 151' 2sr-1f13' ... i'i-- , .. -ILDG;.1 ml 8 . ... • : : :• I "' -. . . --.. :\ ... .. . . . : : ... ~ ......... . [· ::...-,···· . ·:·:1 -·--•. . '. ' ...... :;.: .. 1. _.,.. . : . . . ... : . .. . ,o': . . . D· .. . . . . . . . . . . . ..• .. •• ' • • • • • • • • •• 1 • . .. ...... ; : : =· ~-: : .... ··66 .:::::-:·--·· .... ~-r ::l .... , ..... : ... ::'. ..• :::t . . ... 277 1 l~;.J'r _ , ___ 316 .34 1 I~ )- BLDG. F 69 ,_, __ _ II I I -. era- " 1 11 :!I ' ~jl r; ii Ill lll l ii ll 111 l 111 ·1,;1:, i1111·· !I I Iii 11 1 II II ii I! 1111 111 lii1 -__ 11il'1 •• · 111 11 I iii I' I .!I j 11! 17.c Packet Pg. 872 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ! II I I 11! I 1111 1111 II ' ,l'I 1 I ·••~1,·-, .••• ~-.-J •. ,,,,_ ,., ... ih# "~I ,· -·· , OPEN i!1 ~1i,;_• ... •.•~• Ill· ·1'!11•11••• "Li••-·--•-·-•• .. I'"• .. · .•..•.• ~•: ••. .-, .• • 11 ............. 0-1-•1> .. •' •ct, <I I• I -. ,, . • . • . . . . : : i : -: : : '. '. : : ;~-: • :'!1': : : ; ; • . • • • • ~•~ .• ,. 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I • t; • I .,, N N 0 ----------· 50 1Q --150 .200 - . , '. -,'s_, I SCAt.E tN FEET -I EXHIBIT!· I UPPER LEVlL SITE PLAN CENTRAL CITY PIOJ ECT NO. 1 II " I \ 11 I j \ I I \ -r: I lc1 .. 1~111N1 o, IC INTI.AL I I I • •1 -I •· ... , I W- :M ..., O' LEGEND Ill I:::: :) ENCLOSED z MALP.. MAl.L ::; IIIJ I ELEYA1'ED . PEDESTRIAN :1 I BRIDGE ~ z Ill u -.. '..,,:C ---.... --w-. ... , • f-i'I' ,~ .... ..., :.i.. _._. •-'-~•-' n.or.J.a...---------- ~--·-- 250 ,,----------------- D I I ' l I I • Ill N •1 • • . "' 12-10 ~10 11-30-70 JOSNO. owe.NO. 2 'I 'I I .Ii ,,, 1 I I - I ,>> '-I >II'. • ·-~. ,v-.-~.,' --~ .. • II I ,, 1,, ,i , .. ~ I I I I i j -1 • 17.c Packet Pg. 873 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) I I! • I• "". 11!111.I ___ _. f -__ , ________ 11'.a ______________ __ I I. -- !I Ir·· II 'lill I, I I 91.60, 41,25 2::0.0' ---r-----------------+---------:a••. 72' ----r----n---1 IP S I I ' I I J l ' -J ! 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Mb 'f' ~. : ; : i i 9 ~ : : I ; BLDCI .. ~' '7a -•lDG. 1 :::1. BLDG. · .. :•' G ... • -I I I ) 'i ' \ ~-1 Cl il!ITIRLIN '< 0 f 1CINTRAL MALL I ' F ··• f •:,.I. N :: '' ' ... ~~i~,,,,,r• 11 i -I • I I I ,.. ~ ,.. I r I I' I I 41"(' '~I j "~ ~ .I ~ ~ l!, ' JI'' i j 11 I 17.c Packet Pg. 874 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) --l ----~----·-···- ~-L--...!!..J ' • "' 4 (I . • ;· l . "' ! - -rr•n. c ~, . . • bOOK 7580 PA~E 6;1~)4 l. ,RT I 1. I! EXHIBIT B S'J,.NDARDS OF MAIN1,ENANCE-ENCLOSED MALL ----------------------- ,. 11 1 pers, debris, filth and refuse shull be r toved frrm th:~ Mall, and tiled or terrazzo areas shall be wa, •-.c t: ~roughly b~ept ar required. All sweeping and washing shall be at intervals be~ore any store in the adjoininJ E'loor Area shn.ll he open for business to the public . 2. All trash and rubbish containers located · , the Mi-ill shall be emptied daily and shall be washed at intr ,_·vals sufficient to maintain the same in a clcc'i.n condition. 3. All landscaping all be properly maintainl"cl in acct . J- ance witl-i standards of ma·• 1t(:~nance, replantin9 and r-=placemcl!t. • • recommenll.:--d by the Projec l· ndscaping architects and approvec'. _, cy. All drc1.inage fac i ies shall be cleaned on" chcdule :c 1 fficient dition and to maintai~ •l• •f~•r lines in a free-flowing con- all mechanical ~quipment related to storm and san- itary sewer i~cilities s in proper working order. ·l be regularly inspectod and kept ' -·. 5. All intervals to stairways an or escalators shal.l be (a) swept vt f r maintain the(_same in a clean condition, (b) in-f . spected at regular intervajs and (c) promptly rt=•paircc1 upon the occurrence of any irrc~ularities or worn pcrtions thereof. ' * 6. All glass, includjr1g skyl.ights, cler~~tory windows, plate glass and/or glass-cfilosed devices shall be, cleaned at intervals sufficient to main.t.ain the same in a clean conc]_;_tion. ; . ,. . ~ I~tIGI'l' E Pag-:-· J.. . f ~ . . i. I • l' !,: - 17.c Packet Pg. 875 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - r'---~l.1n:_.,. ___ .,. __ --,..,_.... ___ .,,.,.,._.. ______ .. ,..,..,_·_• ________________ ,_...,:~_-_---_~_-_-_.Q,_t•:•a111111s•T""--~1~. 1' -------- bOOK 7580 ?AGE 465 ' f I ' 7. All surface uti ity;facilities servicing the Mall, including, but sprinklers and not by w~ of limitatior., hose bibbs, standpipes, domesticf v1ater lines, shall be inspected at reg- t ular intervals and prom;")tlf repaired or replaced, as the occasion may require, upon the occurrence of any defe:::t or malfunctioning . • 8. All Mall ameni tfe~,, benches, and institutional, direc- traffic and othef ~ig~s shall be inspected at regular tional, intervals, ma:l-ntained in• .3. clean , ... a attractive surface con-- I! dition and promptly re1,saired or replaced u9on the occurrence f· of any defects or irre~ulari~ies thereto. 9. All lamps s'l)al1 be inspected at regular intervals and all lamps shall be pro"Uptly replaced when no longer properly functioning. 10. The improvements on and lo the Mall sha~J be repaired or rPplaced with materials, apparatus and facilities of quality at least equal to the qualit~, of the matcria:_s, apparatus and facilities repaireG or replaced. 11. The !'Jlall shall be illuminated at least during such hours of darkness as any of the ~tores in the adjoining Floor Areit shaJ.l. be open for business t<: tLe public and for a rcc1sonable period thereafter in ordP.r to permit safe egress from the Fl.oor Arca by its users, and shall darkn8ss and in such for the stores. i . allo be illuminated during such hours of ma~er ns will afford reusonable secur:ity "' 12. The Parties sht,. use their best efforts to arrango with local police autho:itt:.·ies to (a) patrol the Mall at reg·.1lar. •-intervals and (b) super~. e traffic direction at entranc s ~na EXHIBIT E f ·-.......---- 17.c Packet Pg. 876 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r I..__._...., '----------·--.-_-1----~---~~-------· .··~-~=.~--•f---21.2 .. , ~- ,, R.11-4--70 I \ I [lOOK 7580 PAGE 4(>6 ' exits to the Shopping Cen· during such hours and periods as • traffic conditions would r asonably require such supervision. 13. With respect to all mechanical and electrical facil- ities and systems serving the M~ll, including, b11t noL by way . • of limitation, the lightin facilities, vertical transportatic>n facilities, heating, vent· ating and cooling systems, and actu- ated '-'r manually operat8d oors, city shall (a) inspect the same at regular intervals, (L) promptly repair the same upon ' the occurrence of any failbre, defect or malfunctioning, and (c) as respects the said heiting, ventilating ana cooling sys-- terns, maintain the same so as to comply with the performance specificetions therefor. 14. All surfaces of the Mall wl1ich are painted or otherwise finished shal.l be cleaned at regular intervals and repainted or otherwise reiinished at least once during every five-year period, and the c~lling of ~he Mall sh~il be cleaned and pairted or re!a~nted as necessary, giving , attention to the areas surrounding the diffusers. ,, PART II STANDARDS OF Ml~tTB.FANCE-PARI<ING AR.EA 1. The surface of ~ht:·:~-:i.rk-ing Arca and sidewalks 1. .-,,.11arly partic'.llar shall be maintained level, smooth nd evenly covered witt1 the type of sur- facing material o~iginall installed thereon, or sucl1 substitute thereof as shall ~e in al !r~spects equal thereto i~ q\1a:ity, appearance and durability; ; . fXIIII3IT E ' ' -_ ~·----- Page 3. ---·'· ..... 17.c Packet Pg. 877 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - IL----·~rJl'--------·----·-------------•-i---•-------------•~-b~•-"~-, . .,._. ____ ~, ..... ~1~-~1,,_,~r••·••••.-~-~•~~• .. --••tt•_,~1,. ' ' ' r, • ( -• ' • boor; 7580 p,v•c ~l67 1 2. All tr.ash and ·l r~ ish containers located in the Parking ·Area shall be emptied daily and shall be washed at intei:vals suf- ficient to maintain the ~ame in a clean condition. 3 All landscaping shall be properly maintained in accord- ance w:.th standards of mair1.t..enance, replanting and replacement recomnended by the Project landscaping architects and approve1l by Agency. 4. All hard-surface~ markings shall be inspected at reg11lar . ' intervals and promptly repainted as the same shall become unsightly or indistinct from wear ahd tear or other cause. ' ' 5. All sewer. catch basins shall be cleaned on a schedule • sufficient 1-0 maintain all se\ver lines in a fri:::c-flowing con- dition and all mechanical equipment related to storm and sar•.itary sewer facilities shall be regularly inspected and kept in pr~Jer order. If working 6. All asphalt pavi1\ shall be inspected at regular intc!r- vals and maintained in a first-class condition . . 7. All stairways an~/fr escalators shall be (a) swept and washed at intervals suff:if cnt to maintain the same in a c.:lean conditicn, (b) inspected -~regular intervals 2nd (c) promptly repaired upon the occurr-13 of Rny irregularities or worn per- tions thereof. ,. ._, 8. All parking fac.:il ty amenities, benches, and institut:iunal, directional, traffic and ·h~r signs ~hall be inspected at re~1ular intervals, ~~intained in a clean and attractive surface condit:ion and promptly rcpc.ired or replaced upon the occurrc:once of any dt-2ct or irregularities t~ereto. ' . ' EXI1IBI'l1 E • • -····-- Page 4. ·--------·----------·--•-·-·--~---" 17.c Packet Pg. 878 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - - I ' -r ·-'-----· .,..> .. '-.,~ .. --~' -•""-~---~· --lll'l•P!ll!!.z,!'i~,.e;=..:!='! .. J.,,,.,.._ • ..,_,... !'I! sar:ia:elCl!!'W::~. !"". --""*"3 --=5••· (' !- CI I ---~-"'·----~-----•-·--~···--- R.11--4-70 9. All lamps shall and all lamps shall be functioning. bOOK 7580 PAGE ~t68 • :. • t, d t 1 . 1 ~nspecte a. regu ar interva s replaced when no longer 10. The improvement&, n. and to the Parking Area shall be repaired or replaced witf:i. · 1aterials, apparatus and facilities -~ of quality at least equa ;O the quality of the materials, ap-- paratus and facili~ies r tired or replaced. 11. The Parking be illuminated in such areas as the Parties shall c'iete m~pe at least during such hours of darkness as any of the st res shall be open for business to the public and for a raasonable period thereafter in order to permit safe egress from the Shopping Center by its users, and shall als0 be illuminated ~~ring such hours of dilrkness and ir1 such manner as will afford reasonable secu1:i ty for the stores .. 12. All Parties shall,use their best efforts to arrange with local police authorities to (a) patrol the :,.:1rking Area • , at regular intervals and r) supervise traffic c'U rection at entrances and exits to the,~ Shopping Center durin~J such hours 4 .. and periods as traffic co?<li~ions would r0aonably require such -1 ' supervision. ! • Page 5. t. a.ti:_ a. fs it ' ' ' t I 17.c Packet Pg. 879 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - -·-·--------------ft-·~.:,.,' -----.-----..-... ---~•----·-.--.--.--e.i~.-. -11a:A~;-a!!!llla ... s ... ""~1· (. ' ·, ... I ,·l CEN'l.1 .,..nL C [TY MALL bOOK 7580 PAGE•i69 RULES 'REGULATIONS ·<- A. .::Fc..::I.:;.; .. o::..o::..R~~REA i 1. The Occupants f the Developer Enclos"'d Mall Storns shall be open for business aily, holidays excepted, from and ,; after the dates when they s~.c,11 respectively or.iginally open for business at least thosi'c:!Jhours as 2.t least two of the Storea of Penney, Monwar and Harrij shall be open for business. All Occupants shall ha.ve their (indow displays, exterior signs and exterior advertising displays adequately illum:i.nated continu- ously during such hours as P~nney, Monwar and Harris shall illuminate their window displays, exte'l.'.'ior signs or exterior advertising displays. The foregoing provisions shall be sub- ject, as respects any busi ss controlled by governmental regu-- lations ur labor union con· acts, in its l1ours of operation to the hours of operation scribed, and shall not apply to Occupants providing financi~l services. ,j. l . ... 2. All Floor Ared~ including vestibules, entrances and returns, doors, fixturec · windows and plate glass shall be maintained in a safe, neat~ 3. All trash, ref regularly removed from the • clean condition. and waste mat8rials shall be ·emises of each Occupar1t of the • • !S, • ) • Shopping Center, and until ,removal shall be sturcd ,a in ade- S quate containers, which su1h containers shall. be located so as not to be visible. to the general public shoppi".lg ir1 the Shopping Center, and (b) so as not t•.) constitute any health or fire hazard ' #, or nuisance to any Occupan1, 4. No portion of the Shopping Center shall be used for lodging purposes. J ,1 ' ' • EX\ fBIT F Page J. I --------·---- 17.c Packet Pg. 880 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) -r .. I ___ ...,, ______ ~...-------~} ____________ ,.-·_--------·-----------• S, P O I I ¢F .. l.&.---•" 2 • .. -2 ¥= .. ' .I - - R.11-4-70 I '. • • -I(, • / l)OOK 7580 PAGE 4 70 5. Neither sidJfwulks nor walkways shall be used to ' display, store or place ,f-ny merchandise, equipment or devices. 6. No advertising medium shall be utilized which cai1 be heard or experienced tutside of the Floor Area, jncluding, without limiting the generality of the foregoing, flashing lights, searchlights, loud speakers, phonographs, radios or television. t I t . r-F. b k . 7. No auc ion, ... ire, an r 11ptcy, or goJ.ng-out-of- business sale shall be nducted in, at, on, or about the Sliop- ping center or any port· n ~r portions thereof. :; 8. No use sha: b~ 1nade of the Shopping center or any portion or portions the;1of 0which would (a) violate any law, ord- inance or regulation, (b) c:--~stitute a nuisance, (c) constitute . ..(_ ·., ' an extrahazardous use, or ,fl violate, suspend or void any pc>l- icy or policies of insurance on the Stores. 9. Developer shall use its best efforts to require Occupants of the DevelopGr Par~els to cause all trucks servic- ing the retail facilities of Developer Parcels Lo load and un- load prior to the hours of.the Sho~ping Center opening for b11s- iness ~o the general public. B. CONDUCT OF PERSONS --- Agency ana city ' able, as respects the De ja Developer to the extent applic- -~ r clbpcr Mall Parcels) do hereby es- tablish the following ru "'Sand regulations for the use of roadways, walkways, Mall., Parking Area, and othe~ common facilities provided for tthe use of Permittees: 1. No Person sl1nll. use any roadway, wolkwny or M~ll, except as a means of egress from o~ ingress to a~y Floor Arca Page 2 . ., " i 17.c Packet Pg. 881 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) .. f I _____ , ___________ _ ' R.11-4-70 R. 11-30-70 • and to Parking Area within.the Shopping Center or adjacent public streets. Such use shall bf in an orderly manner, in accordance ' with the directional or other signs or guides. Roadways shall not be used at a speed in excess of 20 miles pe~ hour and shall not be used for parking or ~topping, except for the in@ediate JI, ,r loading or uuloading of par;:;"'!ngers. No walkways or Mall shall be used for other than pedestrian travel. 2. No Person shall use any Parking ArcQ, except for the parking of motor vehicles duri11g the period of time such Person or the occupants of such vehicle are customers or bus- iness invitees of the i:eta~l establishments within the Shopping Center. All motor vehicles shall be parked in an orderly manner within the painted lines defi~ing the individual parking places. During peak periods of business activity, limitations may be imposed as to the length~£ time for parking use. Such lim-... . . b d ' -~ "f" d itations may a ma e in :~eci ie areas. ~ .. 3. No Person s~j11 use any utility area, truck cour~ or other area reserved fdr use in connection with the conduct of business, except for t~e specific purpose for which permis- sion to use such area is !iven. 4. No employeEJ of 'l.ny business ln the Shopping Center shall use any area for motor vehicle parking, except the area or ~ . areas specifically designc1 1 t.ja for cn1ployee pa.rkinq and for th,3 par- ticular period established by 0£ time sue use is ordinance; rovided to be made as determined, or as that in order to permit convenient acccs::; by customers and busii·ess invitees to Floor Area withi::1 1:he Shupp.i.ng Center, no are.::'1 (s) for employee parking shall be dc~signatcd within three hundred (300) feet of t~e Floor Arca of any Party with- cut the prior approval of such Party. ·,. J ;-; !.!?CHI BIT F Page 3. :.i • ~ ' c, 1 ~ • -•• , -•a.J 17.c Packet Pg. 882 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - i r L--~·t ... ~,~-~----P•··---··~·---¥~•~•~----P------=--.... -~.~.~6ii-•.~••~--------,-·-----,--.~,~ .• ,.~---•••1•1-~ .• ~J~.~··· ... ~~--r /• ' R.11-4-70 ~ . ~· \ '.:!-\ 'V bOuK 7580 PAGE 4 72 5. No Person shall in or on any part of the Com- mon Areas: (a) Vend, peddle or solicit orders for sale or dis- tribution of any merchandise, device, servic-:.,, periodical, book, pamphlet or 0ther matter whatsoe.ver. (b) Exhibit any sign, placard, banner, notice or other written material. t ' I (c) Distribute any circular, booklet, handbill, placard or other material. (d) Solicit memb rship in any organization, group or association or contrib tion for any purpo~e. (e) Parade, rall , patrol, picket, aemonstrate or engage in any conduct, ha~ might tend to interfere with or impede the use of y of the Common Areas by any Permit- tee, create a distt.:.rl,~~ce, attract attention or harass, annoy, disparage or be detrimentc.11 to the interest ,__,f any of the retail • establishments within the Shopping Center. (f) :Jse Common Areas for any purpose when none of the retail establishments withir. the Shopping Center 1.s open for business or ernployment subject to Section 3.1 of the REA to ,-1hich these Rules and Regulations are attached as Exhibit F. (g) Thrpw, discard or deposit any paper, glass or extran- • eous matter of any kin<j, except in. d2sig!1at~d receptacles, or create litt.1,r or haza:r:-,t,; ·of any kind. ; (h) U:se any souti<. making device of any kind r.:,r create or produce in any manner noise or sou11d that is annoying, unpleasact, or distasteful to Occupants or Pcrm~~tees. , • E}.'BIRIT F Page 4. 17.c Packet Pg. 883 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) _ r IL--·-··''-·----------------....--~,----------~---_., •• IJIII. ••:.---· ~ - - -----.--..-..... R.11-4-70 R.11-19-70 l\GCK 7580 PAGE 4 731 ~ '.. : (i) Deface, ab.njg~ or demolish any sign, light . ' ' !i. standard or fixture,~ 1Jndscaping material 01.· other improvement within th-Shopping Center, or the prop-- erty of customers, ~usiness invitees or employees :,,I situated within the Shopp~ng Center. C. CIVIC USES Notwithstanding in this Exhibit F, City 1nything ' ih2.ll be I to the contrary cnntained allowed to use tl~e Agency Mall Parcel for appropr;i.1· .. e civic uses, subject to c.pproval of Agency, wl1ich approva shall not be unceasonably withheld. , , .. ! :i • ' ~ ~ f I ~ . ' ~ i lY.J-i:~ n I 'I' F ----· P ,-age .J. \ ,--·-.. ----· _..,,.,. ___ == .. 17.c Packet Pg. 884 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) _,IL_* __ tr-'IL_ _____________________ ~--------_---... --_---=--•-,.,=-==·=..,,-...... --..-~~ ! 0 - -------· J:'ORY. OF LETTER AGREEMENT t,UOK 7580 PAGE 4 7 4 EXHIBI'I' G TO RSA Gentlemen: The Redevelopment Agency of the City 0£ San Bernardino, C'alifornia, J. C. Penney Company, Inc., John S. Grj_ffith & Co., a corporation, and Curci-Turner Co., a partnership, joint venturers 1;,nder the namo and Style of Central City Company, 'l'he Harris Company, City of San Bernardino, Upham Developm~nt. Company, Connecticut General Mortgage and Realty Investments (.t'artiesj, and Monwcr Property Corporation (Monwar), have agreed to execute and deliver unto each other a I;ECLARA'I'ION OF Rfo:S'1'RICTIONS, CONS'rRUCTION", OPERATION, RESTRICTION A.l\ID EASEMENT AGREEMENT (REA). Jr. connect5.on with the execution of the REA the Parties have required certain guarant.ees from the under- signeu Montgomery Ward & Co., Incorporated (Montgomery ward), an I:'..linois corporation, the parent corporation of Monwar Property Corporation. As an inducement to the Parties t'o execute and deliver the RZA, Montgomery v:ard hereby represents-to and agrees with each of the Parties, their successors, assign,;:,rs, mortgagees and lessors under a sale and leaseback financing ,ari:~ngement as follows: 1. Montgomery Ward, an I 1:l inais corporation, vii t.h Genera:i.. Offices at 619 W. Chii o Avenue, Chicago, Illinois, is the sole stockholder Monwar. 2. Montgomery Ward he..::-eb') ;,, larv.ntees thv. t it ivi 11 cause Mo:1',var t to fully and faithful },e2p, observe and pc\rfor:u each and "- every covenant, agreer. '1t, condi.tion and restric:tion con- tained in t;1e REA to • kept, performed or. observed by Monwa:r.; provided, howe!v~:C, Montgomery Ward si1all not be obligated to cause Monwar to keep, pL-rfo:r.m or observe such covenant, agreement, condition or restriction contained in the REA during any time odd to the extent thaL Monw.:ir shall by the ':erms or the REA not be required to keep, perform or observe such covenant, agreement, condi tio;1 or restrict ion, 1 or shall by the terms of the REA be excused from pcrfo:cmin:J, keeping or observing such coven2.nt, 2.grE.erhent, condition or~ restriction; and orovidea, further, that to the extent Montgomery Ward p~rsuant tp a l(.;ase or other agrecrnE!nt be- tween Montgomery Ward ard .Monwar performs, k0cps or observ,::!s the covenants, agreernents,. conditions or resLrictions coc- tained in the REA to be kept, performed or )b~:c:.cvcd by Monwar, Montgomery Ward shall not be obligated to cause Monwar to keep, perform or observe such ag.1:-eemcnts, covcr,ants, conditions or restrictions.-This Guarantee will continue unc~1c)_ngcd by bankruptcy, reorganization or insolvency of Monwar or any successor or assignee thereof or by any disaffirmance by a trustee of Monwar. The ter.ns of this Guarantee: shall be binding upon and inure to the benefit of the respective successors and assigns oft.he Parties • . ' E~IIB::_•r G Page J.. t ,. - .. ¼11~· 5 •·--~• .. , .. , -•N•M Z R PPS.'!"-- 17.c Packet Pg. 885 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) "r L.----L.------------------------------ • -.. -~-------~~-,----- ,) R.11-4-70 ~GOK 7580 PAGE 4 75 Page 2 3. The liability o~-Montgomery Ward hereunder is primai::y and may be :2nfor ed by the Parties before or after pro- ceeding against ~o. war. ' ;r 4. Montgomery Ward a ees to operate a re~c1il depa.rtment store in the Main -~ore Building on Parcel A for the~ period and on the erms and conditions set forth in Section 12.1 of the RE..~ . 5. ... Montgomery WaJ'."a hereby waives notice of ar1y dema,1d or other notice by the Parties pro·,ided for in the REA., so long as sa.Ld notice is served upon Monwar as pro-- v ided irl the REA. Please indicate your approval of this letter by signing a copy this letter in the space provided and returnir..g it to Montqomer Ward, 2825 East 14th Street, Oakland, California, attention of e Assistant Secretary. Very truly yours, MONTGOMERY WARD & CO. , INCORPORA'l'ED t By _____ --:-----~:------- Vice President. APPROVED; • ' • (Name) t By _________ A_ Tit].e -------------~- 1 • • I XHIBIT G Page 2. ··-·------·-·-· --·. ------w~--- 17.c Packet Pg. 886 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) r·L . ........_~-----i------'-- -t \ • :I '( ;I .;,1 ,.·. /, '-· ' 11 ED~"/L'Lf1r'.' "''P , ,,.•-.·cv /:'\.. ~ J:J ..; ,1 .. 1,_ ;.\t.t,.n J. o the Cl'l.1 1 O:' SA!i l,Ei;..·1 1-1unr:o • • • CE,N'i'P.AL CITYt •~·.i:OS-BC'l' Pix'OJEC'.11 NO. f!79 ; :. ,j •.. PROPEE'i'Y o•.•r;J:sRs· r:~;--r:~c1P;.T10N AGP-1::E~·lEJ:T [i(JQK 7580 PAGE ~l 76 This Agreement~ OJcidC and cnterl~d !into this ____ dRy of ______ ·_..;., 19 , by nnd bet,;0en the ru::D:SVE1 1'!·~~~;;1 AG21lCY O.? 'l':-18 CJ.TY OF SAN BBWARDINO, a public body corporut~. ~nd J?Olitic (Hcreinaftc0 r referred to as the ''Azency" Rnd ________ ------·------_______ -------~-- ·--·----·--_tf., ______________________ _ -___ , ---·~~~-------------------•-hPreine.ftcr referre6. to a5 the "P~.rt:a..ci:pating O,·mer"). W I T N E S ~ F. T H : ----------- \1lf.8IlEAS I the Central City Project Area has been found or,d dcsisnatcd a~. M area which requi!'es renewal in the inter,:st of the health, sc\fety a.'1cl general welfare of the City of San Berna:.·dino arid the State of California; E,:nd WEP..r~ .... 5 l the Agency has prcr,ared and a:;:prove<l the OF.F'IC:1 AL P...:~D.SVELDFi·!rJ·!1' PLAN for the renewal of the Ce1,tral Cii;y Project I Project lio, R-79(hereinJ.fte1· referred to as the "Plan"), which Plan has been ap1,roved and adopted by the City CouJ1c:il of the City of San B02·narclino by Orcline_"1ce No. 26!,9 en the 24th ,. -day of Fcb:::·u::iry 1 19o5; and 1 ' . \-IHERF..J,S 1 the Plan provides ':r4· th~ prticir.ation :..n the rcnc·,.-al ::i.nd re•• de\·elopnent of property i:1 the Pr~jec\ Area by the o·.;ners of certain r..:1rcel:3 • of property if the r·.,:i.~rs of such ~1,rc}crty agi:ee .to J:'-=lrtici_r-0 -t-:: in the r.:-- developncnt in conforwity with the"l'l~n ".:Jy er-.tering :.nto an a;;rce~ent with the Agency to effectuate certain iJlr,rover;ients of such prop2rty; and \lHERE.i\S 1 th~ Partici:p:1ting 0,-mer is the o·,m"'r in fee si:.,})lc of "l p-'.lrce1 or parcels of :property in the Project, A:rca I which :property :is described i.n Exhibit "A'! attached hereto and by this reference rnc1.dc a prt hereof and hei-c- inaftcr referred to as the "Property"; "'nd Vlli::R&A.S I the Particiratin5 Ow:icr. desires to pnrt5.cip:1t::: in the renc.,al and redevelo_p1ent 01 his :prorerty in .the Project Are-"J. by effectucitinG the im- prover:1cnt of the property in confo1;;iity with the ter-:r.s of ti1is Ag!·ee:::ient, the Flan and the Declnre.tion of :R~.s""_;ricLitm-s. tlOW,. 'l'tf3RZFOP.E 1 the Ar,ency and the Partici:E";.,"lting Cw:ieT 1 for the consider•• ations and u:1der the C.:>:.Jditi,)?;S here:i;:12.ftcr set fcr-ti1 1 do ·:;.-:rJ,:rst::.r:d.: and ezree as followsi l. The Plan and the Decl-'.'!.:-B-tion of Re.:;trlct:1.o::s ci:::-;:, 'oy rcfere:nc'2 in-r eorporntcd herein ar.d :,,ade a ycrt. 0:f this As:-eo::,£-nt \./ith the ;:,21-::c force one: effect as thour,1° .set fcrth in full herein. 2. Throu.::;r.'out the Project. Area the A~•1ncy ._.ill c!o er c2u,;e to be don,i durin.:; t'he d-:v-c!lorr:cr,t :p,:i1-:i..od o! ti;,: Project, ?;cc0::;s:::::-y cc,,,:,t.ruction and in-· stallation of site i'.:'ip:·o·;£:ne:nts ~01 the P::-ojcct Area as rcq::i.rcd in effect-• u:i.tinz the Plan. · . . . . ~ 3. (a) The Particir-3t1r.3 successors and ns~isns to or cf • ·o:-,erty 0~7i.cr coven2nts fc,r himself I his i; JJrop2:-tj• or n-:iy :F'rt th•.::·oof tLn t: EX,:IIBIT H ,, a ---~·, ~~~::;•;;·•~~~-~-,.=-::.·::::::::::::::::::::::..:----" 17.c Packet Pg. 887 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) - • •• • ---------------- I I ( J.). The proz ly 1ill be devoted to the (2). Tnc 0.:ncr Par icif.:tr1t hci·cin coven,i.nts by and for hi,,1.sclf, his heirs_; executors, nclr.iini tratorz;, n·,d ,is::c;icns, and all pl.'r::,ou;; claimin.;:; lt21clcr or throuih them I that th re sh~t11 b~ no diccrir.,ir.a tiun e.:.;ctins LI t,r ~c£_;r·e .::;,1 ti 011 or, any person or group f pcrs~ns oa accou11t of race, color, c1·ccd 1 national_ origin, or ancestry in t c saJ.c, lease, sublease, transfcrt u:::;c, occup.,ric;r,, tenure I or enjoym1:n t of he prcr.ii ses herein described, nor sha11 the t},:r.c:~ " Parlici,rant hir.isclf or a y person ct.l.a.iminr; under or throuch him 1 establis 1lri11!- pcr.ui t nny such practice or practic""s of discrimin-<ition or segrf'£i'Ltion wi~ reference to the selccti n 1 J.aca.~ion I n·.l'.:lber 1 use .or occu1°,ncy of tenants 1 lesseea 1 subtenants, sub cssccs, or vc11dccs in the premisco herein described, !l'he forcgoins covenants haJ.l run 1,:ith the: land. . . ' , (b) lt is intended!that the covenants contained. in thi..s Section 3(a) £hall be coven&ncs runnitr, with the land, ar.d they shall inu1·(;; to the ben~)fit c! nnd b{, enforcE>abl~ by I the Agency, its successors ancJ. c1:;sicns ar:d the owner of any oth2r lands in tt.~ Project ~l'ca which is subject to the lar,d utoc 1·,~quire- merits and restricti'ons o! t!:e Plan, It is further intcnch:·d arid a.sreccl that the covenants contained in 3~a) (1) sha_ l rer:iain in effcc t for the period of t:;_me as :provided in the Pian ~ut those :provided in (a) (2) shall remain ir1 cffeGt . I trithout limitation as to time • .i:J . (c) ~uch agr,~cments and /~,tenants shall r~ in favor of the Ae,cncy for the entire period durinr; ;which ~J.lC.J1 ac;reC':;1ents shall remai.r: in force and cff'.:)Ct without regard to '.whetnc1t the Af,i::ncy has at any t:i.,:1 c been, rcn,8.ins:, or is on owner of any land dr interest therein to which these c)vc11ants relate, In the event of any breae;h the AGency shal1 :,.:,._ve the rir;'ht to exercise al:. the l'ights und re•cdies avaiJ!a.wle at law or in 1;:qu~.ty to enforce the cu:rins of such breach, Z;. · '11hc ?articir;.:!tinr:; O,mer ,aErecs to p-:;r;,,it. and doc,s Lcrcby pc.rr.iit the Ar,ency access to the Property hei,cin dcscrii:,cd for any pt:l'lXJ!:iC dec:ncd n,:;ccss·u·y by the Agency for carryin;g out tJ '1 provisions of the Plnn. 'l.'his acce:os sll"lll include inc:;pection of work by re:vicsentD.tiv;:.s of the Af,c:"--cy, the United St.ates Government, mort5ages,· '"'!": any loct1. or St~t~ aE;ency havin[: jurisdiction with respect to ony local or Siate hou~ing codes or regu1ations. I 5. Within a :p-::riod '.ne:t to e;<cecd twelv:..: (12) mor.ths c,ftc_r written notice from the Ar;ency, the Parfici:p--3.tin,s Owner agre1::s to cc:,-.'71cnc c, a:v:l cc1-:iplcte im- provements to the her.:,.i.nafbove described pror2rty as set forth in Exhibit "B" &ttached hcl'eto and by this reicr£:nce ma.de a 1-e.rt hereof, ' I ' . 6. Within a :period ~ot to 4,cecd thirty (30) d?..ys afl<.'r deposit in the United States •ail of the; notice referred to in the pr,~c.:-:cJ ins Pa:·a,graph 5, the Participating 0;-;ner s all sub:!::it to the Azvncy prclir:;i,1cu·y plans for the improvements required or ro_pos0d to be made upon the p:-orJ,cl'ty I with ncce::.sary data to show evidence of inane fal 't'esr,ons:ibili ty for ca1-rying out th,:-se ir::- provc:1cnts. Within a per_"od noi t~ exceed ninety (90) day:.; after 1,.-rittcn notice by the Azency of i~s a:pp .. oval of such plans I the P.J.1 ticir:E,tin~ O•.,ncr c.hall submit to the Agenc~ ccr.:pfete final plans and spc;;..i. fic&tions for .such .tmprovc•ents upon such pr pert.y_. The Agency shall apFrov,_; construct:Lon and ':!mprovc:::ent pJans sub?:iitt d b,Y f1e Partici;.;,,:ir.8 C•,•:r.er iri:::cdiatcly after it is satisfied that the pla~3 re ac4tiptable a~d ~n·cocfor~ity with the Eedevelup- wcnt Plan 1 the Declaratlo of Restrictions 1 2.nd tr.is Agrec:1ent. In the e·,ent that thf Agency finds tl::it th;:; plan:; arc not acccr,tnl l .• or not ir, confor::-,ity with thb Offjc:i.al R:::devc:Jc~a,~nt Plan, th,~ Dc·claration of Reutrictions 1 or this Az;-:::f 1 'ccient 1 it sh£1.ll rejt;?c'.; sur:b plain:;, sctt:ins forth the reasons therefore, ar.d so notify the PD.rtir:i_;_:-e.:.in:.; Cwne:r. Tho Agc,ncy shaJl allow an adcitiorial thirt;v (30) dny~, for this sul::•:1is.sio!'1 or rc,vis,2.d p}nn.:; which shall be acceute.ble and in cor.fori~,iiy with the Offic1:1l R2dc•1el0n'.i :t • • Plan and thi.s Agr0er.1cr.t. In addl tic:1 to the requirer.12nts Ju,rein s,]t forU1 for ccmmencins and cc-. .111lclinsJ' the ir;provc::cnts, in no ""vent .shill the co~!T.,c:1_ c.::.::1cnt work as dct.~r.:,ined by the :,r:,ency be la.ter th:1:1 ___________ , 19 _______ , · end the. ccCipletion of sue_, .:or,: oc later t!:--:: __________ -·-··--' 19 --·------·-• ' ' I I ' I i }{\.11JBI'i' 11 Page ~. • t !Qt .. I 17.c Packet Pg. 888 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • - - =--~-(1-=:=--ai, ____ , _______ ......., . .,. .... ..._~!• .... • ~i,~'1 ~ ~-s,. ~ a. IJj :-C.JL... &!!. f • I Ji!& lt!lt ' -!' ,I .. ., I I ):-. i · ,. l I hOOK 758(} . ~ it 78 7. (n) 'l'hc p~ .. ~iciif'-=ltin[; O·.-:ncr agrees to i:tcqu:,,fc fro::i the· A1:,c1,c2, .such ndditio11nl l<1nd vs the Ar;cncy r~:.,y d.::tenainc to be ucce.s~;::i.ry to provid_ n· npproi,·r-iatc :;,;) tc in a.ccori(J;incc with the Pla11 oind the Dl)cl,:,ratic·n of R.::.sLrictic1::•• !l.'hc n;:1ount to bl) t-''.l.id by the Pi.l'.c't:i.cipo.tirir; 01,ncr to acquire said ,:•ddition-11 lnnd, which land is descl?-ucd on map dcsi :· n;1 Led r:.xhi bit "--:-2 11 ' attached h,, rct o and by U: · :; reference m3.cl,~ a p-:trt hereof, sh.:i.11 be at fair vaJ.uc: a.o dctc-n:iin\;;d by th,::-Agtc:ncy. (b) The Particiip,,,tine; Owner· ae;recs tc,. convey to the Ar,cncy .such re- quired land as the Agc·,,cY' r..ay detcri:iinc to be nccess'.7"~· to 1iro•1ic.le to the Asency the land nt·cded in! accor~,:ancc with the Plan; 'l'he ~r.1ount to be i:,e.5 d to the Participatine O·,:ner f['or such r;:quired land, which land :is desc.cibcd O!l tio.p desir,natE':1 o:hibi.t "C. 2 11 attach1::d he?·eto and by this refer.::nce m,,. J a J>u·t hcrecf, ~;};alJ >:: based_ up;:in the fair market value of S"Li.J required 1:ind a5 de- termined b.·· the .~.z.ency, J 8. T1,e Participating Owner agr.ecs to take or permit the Ar,ency to tci!-::e ell steps le2. lly necessary or required to impose the new Declaration of Re- strictions at;cnnst such p1r-operty; and ar,rees to join with the Azcncy in ex~· ecuti ng or :', igni ne such Dt:clara ti on of Restric tion,j and nr,•,; subdi visi O! l ;-;tr;: ll."ld oLhcr docume1ts tliat 111ay be rcquir.::d 1 if any. 9. Failure to cc:nrJr with any of the t .·rms of this Agreement constitL ,.s n defauJt or breach of Pgfccment. In the ev.::nt of default or breach of thi., J.grE:cment or any of its tfrrns or con:litions by the Partici1>1ting O·,:ner, t' Participating C•,."r:cr her(;bf agrees to sell the property cL;:.._cribed in Bxhit he,rein to the Agency I The! a":lount to b.: paid to saiu Participating Ownc-r sh,,11 be the: fair c0 nri:et value bf the Property as of the date of thj s Ag2·eemcnt , d<:-terrnint:3. by the Agency• j . 10. It ls u~dcrstoodland acreed Azency sha:1 l be pcrsonall~ liablf:! to' \.1.nde:;:• the • l' r":1" of this Azrecmcn t. ' t~at no offici2,1 or (;r.'ployee ,:., thl the Part tcipa ti ni:; Own,~r or ai1y obligations • ll, The developnent tov2r,~d by this Asr2crr.ent is a :private t''1clert:1.kins, nnd the Pa ~ici · ':i ne Owner sh,,11 ha•:e ful J pow:;;r over and cxr:lut;: ·,c co:·· ::ol er ~he Pro~·:·~~ ~0rein de+cril~d, s~bject o~ly to the limitations and ob- lieation,:, or +,he Participtting •,·,:'."Ir.: under ti1if; AgrecmeEt, the Officio~ nedeveloyne:1t :'1.an, a:id t e Dcclc:ration of k,::;;trictions. ' .. i 1,:. Thj i; A51·ec"'.lcnt s~all 1,.:, •in full force and e"''•cct ~,r;d shc111 :i.nl: • to the benefit of e':d be bin inr; ui,on the ral·ties hcrt::to, the:c" rs2spective heirs 1 auccessors or as3igns fr~ the date of its execution • • .. . ·~ 13. The Particir,sti111 OwneI', ;:i.gr.:-c~ that every convey2.:1ce of property covered by this Agree'.:"Pn:fs'hall, 1 Lin ->:;t;,:m to any otl. :r ~ov'"nants, contc1in covena.n ts on the p.rt of the Pi::!.r · <. .. ,. 3. ti,,,; 0· .. ;.1cr I for hi:::.:: ~f, hi:,,; heirs, successors and ass~sns of!the pr erty desc~ibed herein, w. ich covenants shall be c0vcnants running with! the ln . a,nd shal1 bind thE: Pnr' -:jp,-:itinc; O·,:ner, hi~ heirb 1 executors, acl.':linis}rators, · and. assi~:::s and all perl:io!i.3 cl,c,i:nins under or throu.::;h them to effect1,1ate the follo•,.,r:i• . .s: (a) A , ovenant t~1cit the) Particir-at:i.ng O-...rn2r 1 his hc,ir,,1 succ, c;::;ors end assi.:::ns, o:"' th 2 p"."opt:t ty or nny 1 • :· t thert':of ,' and ar.y 1 €:!3S•.::,: of t:: • prop<?rty or ar:y ;. : t thereof, will and ::;hall carry out the work of the re- devel0r;;1,.)nt of t\•:! prope::-ty or part or parts thereof as in this . .!..gr·ae:T.,·:-,t provided nnd wiJ and s1:1n11 devote :such propc:rty to the use:~~ !3,?Ccificd .5.n the Official Rcdcvelotr.1.::nt P},1n and the D0clar2.tion of Restrictions • • • (b) A covennnt that there shall be 1,0 discrirninatlo11 es~inst ~~ segregation of any person or croups of persons on account or r.'.\ce, ~rp· ·, color, n3.tiona1 or-j1:;in, or .:inccstry in the sal,-:, least'.!, su'blc.'.\:SO::i '.;dn·r :·, use, occur,:.ncy, tenure or enjoyment of tlw pr.::mit,C!3 covc:cccl by this >1.s:·c.::..; ::r,'.,, nor shall any r 0:rsor.~ cla.,;r:inc under or thrc•'.:~h th,: T'c:rt:i.ci p:: tine 01.,T, ' ' . • t,,bl::i.sh or p0r,;1i t · ·,y siy•l. practice or pr·ac tic(;S :~ discr.i.nin:i t ion o,· r., 1·.:ic1tion with rcfcr.::PCC to th.;: zr:lccti.on; loc,,t:ion, nu'.7,hcr, u:·;o or ocr:Tt:-'.:!!'.~ of tcnantc.;, lessee::,, s11bl~.::~,..-;•2cs, or-.. .,~n-, ... ,•·:s i.!1 ";,....: 1Jr 1..-:::i sc!~ ,·c)vcrc1"1 ~J'J tL·; A~rccment. i c.., •. i.ExnlnIT II Page ., ' '' ., ·- , 17.c Packet Pg. 889 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) ! J = , ---_.&.------~-~- -/ • 11-· J !' .. J 'II ... 1 • 1 . , ' ,. .. / -t t-1 f,OGK 17580 P,~GE47'9 (c) A covc~s,lll that nftcr the sJ.t5c,fDctor,y·r.· .,plc·Lion of, ..... ~~o?;st1·uctio:1 or nltcr0Lj ot1h. to l.hc t,ro110r 1.y re:f(;~-red Lo h0:-.:;i.n, nnd .iad ! ' r • r1ccc,,.sc1ry by this AGr>2cm.::nlt 1 th•!! ptopcrt•~; s:1c1.ll be .:t ... ·voted le., the us0~ • .::c:·- ficd i11 tho Official Rcd-::v~lopaL:nt flE. r:. nnd l' •' rcc1arution of H". ', ' . tion.-:, ,, t.nd .shall nol.1 in whole or! in p:.rt I be devolc.~ to any oth.::r u5e o, :1scd for nny other purpose. ! , . I 14. The :p1·ovis::.ons or thit., At1·ccmi::-nt do not limit the rit:;ht of oblige-es to foreclose 0r otherwise ~nforce ... ny 'l!lortsu.-:·. , • deed of t, u'., t c.::--'.Jthel' en-· Ck .. i'br<1nc..: upon th'3 prop•2rl~ 1 or; the right of oblige.:~s to pu!'sue any rcr,1cJici; !or I.he cnforcc-r:icnt of anyj pledg:3 or lien upon the property provid~cl, how,1ver 1 thnt in tho cv ... nt of D-forfclosu-re sale under any such mort:.:;,1c0, c).·:cd of l1·ust 1 or other lien or encU::1bru.n~c, or a salCc pursu=tnt to any po•.•1cr_ or .:::t.lc contain0d in a.ny such e:ortr;agc or de 'd of trust 1 "i:.he pt:,-chaser I or '"-ch:-•, ,-s c1rtc1 the· C,'.JCcesso:·s and c..tssi,::ns, an the property, sh,ll be 1 and sh,J.ll ;,. ..ob,: subject to all of the cond"_tiont:1 restrictions and c:ovenants 1 .Ju p,-o,.idcd for. j In wit.ncss whereof tpe O.cency ar,<i the PDrticipating O•,,:;: this Azr:::cment ,•.s of the dp.te first ab:..,-. e wri. tcn. i I J . li.Tl'ES'i': , -----(Secr~:t:1-ry}-Tro:c1$ur;;-~ ,f P. \1. Quinn• Jr. ! ., Approvcr1 a.,.: to. Jc. ·.J lv. 1anC: an :,-:u.':!..CJ this __ day of -··•·'------' ,9___ -. By ___ {Agency•-cowiselY ______ _ ;lruce Varner ' • ; . I ' -~ j t :~XHIBI'l' -~ i Ii • ), ,· t) THE Ili~DEVELOh 11<N'i' AC. :cy OF 'l'HE CI'l'Y CJi;o Sf,'; Bf-:HilA}n11.NO By __ -- Title -·-- . . FARTIGIPA'l'Ir:" 0':liii:.c";: By ----- Title l>· ··----~------·---- '.I'i~le ------------·-- By ___________ _ Title ---------------· JI Page ,1 • -----·----~-------•----- • • "' " '" ' .. ~ "'Ir, ~ .. • '. ' < ' ' • ~, • ~ • ~ • • ,,,. ' • ' • I • 1· :ea ••"'f I I • 17.c Packet Pg. 890 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) • I .,. 4 ___ ,-.. _______ --------- j .. -------------- - - ( ' i EXUiDI"'." I ,. . PYLOrJ SitN -1.oc1r110N D[SCRIPTION \ All that real property in the City, Jf Sun BcrnarJino, County l r :ian Cernardino, State of Califo1·nic1, described as: That portion of Block 9, Cll,\ Of SAN BEH::r1Ri!J;,1n, as per Mc..p rc,orcie.d in 8ook 7. Page l of Maps in thb 0ffi ce of thr• Rocord~r of s1ti d r:eitrnty and that portion of "H" Street as vacated hy sa.-id City of San Hernardinn r:,cr P.::.solution No. 9351 recorcJed August 20, 1968 in r·coi~ 7080, pagr: 51,, Off·icial Records of $c:ic! County. clesc}'·ibed as follm-~: .:, ! Be9inning at the intcrsectio1 of a line parallc, v1ith and (liJ~,:nt 211.i'S feet Northerly, measured at r·ight a:igles~ from the South lir.e of s2,ici 8lock 9 with t!ie Ea.sterly line of th San B2rnardino Frec·:1ay (Inter:t,:tc 15); thence North 89° 57' 56" East alrng said rarl11el line 9?..70 feet to ·its intersection \'Jith a line p,1rallel v1ith an! distant -211. 75 feet :loi'thel·ly, r.1:;,::,:1red at r·ight anqles, from the South line f Block 10, CITY o:· SAi! BC:P.J!ARDI::n; thcni:.c South 89° 59' 18" East alon9 soid parallel line 7.30 feet; thr_,11c:-> r!orth o0 00' 42" East 100.00 feet; thence ~:orth 89° 59' 18" l·/cst 131 _r;r~ feet to said Easterly line of the Sa1 Bernurc!ino Freeway; ther,ce Soutl•~:,'ly a.long said Easterly line the fo1lo·tin9 courses: Said area Suulh s0 32' 36" East 16.98:feet; thence South 14° 53' 26' East 67.63 feet; thence South 33° 38' 15' Eac;i_..2l .l3 feet to the Point of Bc)ginnin~. bf.dng i1lustrated bn Exh~it-~11 A11 and identified as Py1on Sign location. ~-if . I t • • , i -~ ,. I;XHIBIT I JIil> o.· =·-• M • • ' I ' 17.c Packet Pg. 891 Attachment: Attachment 3 - REA for Central Mall (7170 : Harris Building Parking Option Extension (Ward 1)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Code Amendment - Downtown Advisory Committee Final Reading (Wards 1, 3) Recommendation Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to S ection 2.17.040 related to Appointment-Registered voters requirement-Compensation-Oath, with the amendments identified by the Mayor and City Council motion to approve the ordinance. Background On February 3, 2021, the Mayor and City Council considered the adoption of a Code Amendment to Section 2.17.040 related to the Appointment -Registered voters requirement-Compensations-Oath. Subsequent to City Council discussion, the Mayor and City Council continued the item and directed staff to amend the draft Ordi nance to require non-residents appointed to be clearly local business and/or commercial property owners. On February 17, 2021, the Mayor and City Council approved the first reading of a Code Amendment to Section 2.17.040 related to the Appointment -Registered voters requirement-Compensations-Oath. Subsequent to Mayor and City Council discussion, Council Member Calvin made a motion, seconded by Council Member Alexander , directing staff to schedule the final reading for March 3, 2021. As part of this motio n, Council Member Calvin made an amendment to the ordinance that the appointee be a resident of the City of San Bernardino, or a non-resident business owner with an active license currently operating a business within the City of San Bernardino, and that a t no point shall there be more than 25% of the members be made up of non -resident active business owners currently operating in the city. On March 3, 2021, the Final Reading related to Ordinance MC -1552 was continued to the March 17, 2021 meeting to allow time for staff to amend the ordinance to reflect the changes made by the Mayor and City Council on February 17, 2021. Discussion This item was considered at both the February 3 rd and February 17th Mayor and City 18 Packet Pg. 892 7180 Page 2 Council meetings. Staff requested that the Mayor and City Council consider establishing a Downtown Advisory Committee to assist with the formulation of a Downtown Specific Plan. Staff also recommended that the Mayor and City Council consider allowing non - resident business professionals in the community (i.e., local businesses and commercial property owners) to participate in the advisory committee. Although the Mayor and City Council were supportive of establishing such a committee, some of the Council Members were apprehensive about allowing non-residents to participate on the committee. As such, amendments were added to the ordinance to clarify that the non - resident members must be local business owners with active business licenses within the City, and that no more than 25% of the mem bers be non-resident business owners. 2020-2025 Key Strategic Targets and Goals The establishment of a General Plan Advisory Committee aligns with Key Target No. 4: Economic Growth & Development. Specifically, the establishment of an advisory committee will assist in the development of a comprehensive long-range specific plan facilitating planned growth in the downtown core of the City. Fiscal Impact There is no fiscal impact to the City with the establishment of the Downtown Advisory Committee since the members of the Committee will serve without compensation. Conclusion Accept the final reading and adopt Ordinance MC-1552 of the Mayor and City Council of the City of San Bernardino, California, adopting a Code Amendment to Section 2.17.040 related to Appointment-Registered voters requirement-Compensation-Oath, with the amendments identified by the Mayor and City Council motion to approve the ordinance. Attachments Attachment 1 Ordinance No. MC-1552 Ward: 1 and 3 Synopsis of Previous Council Actions: September 16, 2020 Mayor and City Council authorized the execution of a contract with PlaceWorks for professional planning services to assist the City with the preparation of not only the General Plan, but also the creation of a Downtown Specific Pl an and an update to the Development Code. 18 Packet Pg. 893 ORDINANCE NO. MC-1552 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ALLOWING NON-CITY- RESIDENTS WHO HAVE OTHER TIES TO THE CITY TO BE APPOINTED TO A DOWNTOWN ADVISORY COMMITTEE WHEREAS, the Mayor and City Council of the City of San Bernardino (“MCC”) are currently in the process of adopting a Downtown Specific Plan; and WHEREAS, the MCC desires to establish a committee called the Downtown Advisory Committee (“Committee”) in order to provide guidance, assistance, and/or feedback on the process of adopting the Downtown Specific Plan and what to include in it; and WHEREAS, the MCC desires to be able to appoint both City of San Bernardino (“City”) residents and non-residents to the Committee; and WHEREAS, the MCC desires to be able to appoint non-City-residents to the Committee in order to capture and include the expertise of individuals and industries that have ties to and do business in the City but may not be residents of the City, including, but not limited to, the developer community and the commercial real estate community; and WHEREAS, the City Charter Section 601 states that “[m]embers of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law”; and WHEREAS, the City is currently limited by Section 2.17.040 of the City Municipal Code to appoint City residents only because it states that “[e]ach member shall be and remain a registered voter within the City and no member shall be an employee of the City”; and WHEREAS, the MCC desires to amend Section 2.17.040 of the City Municipal Code to allow the MCC to, by resolution, appoint non-City-residents to the Committee. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Section 2.17.040 of the City Municipal Code shall be amended to read, in full, as follows (new text in underline): “2.17.040 Appointment-Registered voter requirement-Compensation-Oath Each member of such board, commission or citizen advisory committee, after having been nominated, shall be appointed by at least five affirmative votes of the Mayor and City Council. Each member shall be and remain a registered voter within the City and no member shall be an employee of the City. Notwithstanding the foregoing, the Mayor and City Council may establish 18.a Packet Pg. 894 Attachment: Attachment 1 - Ordinance 2021-1552 (7180 : Code Amendment - Downtown Advisory Committee Final Reading (Wards 1, 3)) Ordinance No. MC-1552 2 a Downtown Advisory Committee by resolution and may permit the appointment of non-City- residents business professionals (i.e., local businesses and commercial property owners) to the committee so long as non-City-residents have an active business license with the City and makes up less than twenty-five percent (25%) of that committee. Members shall serve, without compensation, at the pleasure of the Mayor and City Council. Any member no longer holding the qualifications required for appointment shall cease to serve as a member, and such member’s position shall be deemed vacant. Any vacancy shall be filled and appointment shall be made in the manner herein before set forth as for an original appointment.” SECTION 3. CEQA. The Mayor and City Council find 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 foreseeabl e indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The Mayor and City Council of the City of San Bernardino hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of the adoption. SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this day of , 2021. John Valdivia, Mayor City of San Bernardino 18.a Packet Pg. 895 Attachment: Attachment 1 - Ordinance 2021-1552 (7180 : Code Amendment - Downtown Advisory Committee Final Reading (Wards 1, 3)) Ordinance No. MC-1552 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 896 Attachment: Attachment 1 - Ordinance 2021-1552 (7180 : Code Amendment - Downtown Advisory Committee Final Reading (Wards 1, 3)) Ordinance No. MC-1552 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 17th day of February, 2021. Ordinance No. MC-1552 was approved, passed and adopted at the regular meeting held the ____ day of _________, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of , 2021. Genoveva Rocha, CMC, City Clerk 18.a Packet Pg. 897 Attachment: Attachment 1 - Ordinance 2021-1552 (7180 : Code Amendment - Downtown Advisory Committee Final Reading (Wards 1, 3)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: General Plan Webpage (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file this report on the launching of the City’s General Plan webpage - FutureSB2050.com. Background On September 16, 2020, the Mayor and City Council authorized the execution of a contract with PlaceWorks for professional planning services to assist the City with the preparation of not only the General Plan, but also the creation of a Downtown Specific Plan and an update to the Development Code. On December 15, 2020, an internal kickoff meeting was conducted between the City staff and the PlaceWorks project team. To discuss the Scope of Work and finalize the overall anticipated Project Schedul e. Subsequent to this meeting, PlaceWorks has created the City’s General Plan webpage FutureSB2050.com as a critical component of the public participation program. On February 11, 2021, the City conducted a General Plan Introductory Workshop with the Mayor and City Council. The was the first of many workshops that will be held regarding the General Plan, Downtown Specific Plan and Development Code updates. Discussion As a function of the comprehensive update to the General Plan, it is customary to establish and maintain a General Plan webpage which serves as an important component of the public participation program providing one of the primary communication channels for the community making recommendations to the Planning Commission and the Mayor and City Council. The community is encouraged to provide feedback and guidance throughout the General Plan Update so that they may provide a community perspective on policies and programs proposed for the updated General Plan. Key Design Considerations Standalone webpage to be managed by PlaceWorks 19 Packet Pg. 898 7188 Page 2 Will use clean, vibrant graphics to tell stories Will avoid wordy narratives and text-focused pages Mobile design is a priority and will be sleek and user friendly Webpage will evolve over time as content is added Webpage will have translation options - side-by-side or Google translate widget Include social media links to City’s Facebook, Twitter, Instagram Timeline Webpage will be launched to the public on March 17. Focus on content for the launch will be educational materials. Webpage Structure and Content Outline The webpage will have six (6) main pages. The top of each page will be the same and will contain the project logo/tagline and a horizontal menu bar with drop-down options. An example of what this could look like is, as follows: 1. Home a. Slideshow of 2-3 updates/topics b. Brief introduction and webpage purpose c. Mailing list sign-up d. Upcoming meetings, events, engagement opportunities, etc. e. Link to surveys f. Conceptual Project Timeline g. Graphic links to the other five (5) pages of the webpage 2. Project Components a. Brief description of the overall project, including the main components of the work being done. b. General Plan Update Section i. General Plan definition ii. What’s included in the update iii. Link to FAQs iv. Link to Resources Page v. Link to any current or upcoming outreach related to this component c. Downtown Specific Plan Section i. Description of work to be done ii. Link to FAQs iii. Link to Resources Page iv. Link to any current or upcoming outreach related to this component d. Development Code Update Section i. Description of work to be done ii. Link to FAQs iii. Link to FAQs iv. Link to Resources Page 19 Packet Pg. 899 7188 Page 3 v. Link to any current or upcoming outreach related to this component e. EIR Section i. Description of work to be done ii. Link to FAQs iii. Link to Resources Page iv. Link to any current or upcoming outreach related to this component 3. Public Participation a. Brief description of approach to participation for this project b. Types of participation opportunities that will occur c. Links to current/upcoming opportunities d. List of past participation events e. Sign-up for mailing list 4. Resources: Documents and links organized by categories for e ase of access by public a. General Plan b. Downtown Specific Plan c. Development Code d. EIR 5. FAQ a. List of questions and answers, organized by topic area and to include links to outside information sources as necessary i. General Plan ii. Downtown Specific Plan iii. Development Code iv. EIR v. Participation 6. Contact Us a. Sign up for mailing list b. Submit comments to a dedicated email address 2020-2025 Key Strategic Targets and Goals The General Plan webpage aligns with Goal No. 4: Ensure Development of a Well- Planned, Balanced, and Sustainable City. Specifically, the update to the General Plan and Development Code will establish new long-range planning tools that establish comprehensive development policies and land use regulations facilitatin g 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 property. The General Plan webpage serves as an important component of the public participation program. 19 Packet Pg. 900 7188 Page 4 Fiscal Impact The costs associated with the establishment and maintenance of the City’s General Plan webpage was included in the Scope of Work and Fee Schedule in the contract with PlaceWorks. Therefore, there is no additional fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the launching of the City’s General Plan webpage - FutureSB2050.com. Attachment None Wards: All Synopsis of Previous Council Actions: September 16, 2020 Mayor and City Council authorized the execution of a contract with PlaceWorks for professional planning services to assist the City with the preparation of not only the General Plan, but also the creation of a Downtown Specific Plan and an update to the Development Code. 19 Packet Pg. 901 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Michael Huntley, Director of Community & Economic Development Subject: Local Early Action Planning Grant Program (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-62 authorizing the City Manager to submit an application for the Local Government Planning Support Grant Program. Background In the 2019-20 Budget Act, Governor Gavin Newsom allocated $250 million for all regions, cities, and counties to do their part by prioritizing planning activities that accelerate housing production to meet identified needs of every community. With this allocation, the California Department of Housing and Community Development (HCD) established the Local Early Action Planning (LEAP) Grant Program with $119 million for cities and counties. The LEAP program provides one-time grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for their 6th cycle Regional Housing Needs Assessment (RHNA) for Housing Elements much like the SB2 Planning Grant, a grant the City was awarded in 2020. Under the LEAP program, the City of San Bernardino would be allocated a total of $500,000 in grant funding. Discussion To receive the allocated LEAP program grant funding, an application was prepared and submitted to HCD (Attachment 2). Under this application, funding was requested for the completion of the Downtown Specific Plan and the 6th cycle Housing Element that includes Housing Element implementation and expanded community outreach. The application included the following eligible activities: Associated site preparation studies and detailed infrastructure analysis for the redevelopment of the Carousel Mall and surrounding downtown properties. A Feasibility analysis for the future development of downtown properties to encourage housing and mixed-uses development. 20 Packet Pg. 902 7190 Page 2 Enhanced land use opportunity analysis identifying feasible sites for new residential development within the downtown. Implementation strategies to address Assembly Bill 686 (Affirmatively Furthering Fair Housing) and Senate Bill 244 (Disadvantaged Unincorporated Community). Neighborhood reinvestment and inclusionary housing opportunity strategies. Meaningful community outreach within each Ward and their neighborhoods. 2020-2025 Key Strategic Targets and Goals The acceptance of the LEAP Grant aligns with Key Target No. 1: Financial Stability. Specifically, the grant will provide additional funds to assist with the creation of the General Plan and Downtown Specific Plan; and Key Target No. 3: Improved Quality of Life by securing funds that will assist with the update to the City’s Housing Element establishing new policies that are intended to provide more affordable housing option in the community. Fiscal Impact There is no additional cost to the General Fund to process and submit a grant application to the Department of Housing and Community Development. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-62 authorizing the City Manager to submit an application for the Local Government Planning Support Grant Program. Attachments Attachment 1 Resolution No. 2021-62 Attachment 2 LEAP Grant Application 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 preparation of a comprehensive update to the City’s General Plan. February 19, 2020 Mayor and City Council authorized staff to pursue the SB2 Planning Grant to further the efforts of updating the General Plan and the creation of a Downtown Specific Plan. The State subsequently approved the SB2 Grant in the amount of $625,000. 20 Packet Pg. 903 RESOLUTION NO. 2021-62 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING APPLICATION FOR, AND RECEIPT OF, LOCAL GOVERNMENT PLANNING SUPPORT GRANT PROGRAM FUNDS WHEREAS, pursuant to Health and Safety Code 50515 et. Seq, the Department of Housing and Community Development (Department) is authorized to issue a Notice of Funding Availability (NOFA) as part of the Local Government Planning Support Grants Program (hereinafter referred to by the Department as the Local Early Action Planning Grants program or LEAP); and WHEREAS, the Mayor and City Council of the City of San Bernardino desires to submit a LEAP grant application package (“Application”), on the forms provid ed by the Department, for approval of grant funding for projects that assist in the preparation and adoption of planning documents and process improvements that accelerate housing production and facilitate compliance to implement the sixth cycle of the reg ional housing need assessment; and WHEREAS, the Department has issued a NOFA and Application on January 27, 2020 in the amount of $119,040,000 for assistance to all California Jurisdictions; Now, therefore, the Mayor and City Council of the City of San Bernardino (“Applicant”) resolves as follows: SECTION 1. The City Manager is hereby authorized and directed to apply for and submit to the Department the Application package; SECTION 2. In connection with the LEAP grant, if the Application is approved by the Department, the City Manager of the City of San Bernardino is authorized to submit the Application, enter into, execute, and deliver on behalf of the Applicant, a State of California Agreement (Standard Agreement) for the amount of $500,000, and any and all other documents required or deemed necessary or appropriate to evidence and secure the LEAP grant, the Applicant’s obligations related thereto, and all amendments thereto; and SECTION 3. The Applicant shall be subject to the terms and conditions as specified in the NOFA, and the Standard Agreement provided by the Department after approval. The Application and any and all accompanying documents are incorporated in full as part of the Standard Agreement. Any and all activities funded, information provi ded, and timelines represented in the Application will be enforceable through the fully executed Standard Agreement. Pursuant to the NOFA and in conjunction with the terms of the Standard Agreement, the Applicant hereby agrees to use the funds for eligible uses and 20.a Packet Pg. 904 Attachment: Attachment 1 - Resolution 2021-62 CED.LEAP Grant [Revision 1] (7190 : Local Early Action Planning Grant Program (All Wards)) allowable expenditures in the manner presented and specifically identified in the approved Application. ADOPTED ON March 17, 2021, by the City Council of the City of San Bernardino by the following vote count: John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 905 Attachment: Attachment 1 - Resolution 2021-62 CED.LEAP Grant [Revision 1] (7190 : Local Early Action Planning Grant Program (All Wards)) 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. 2021-62, adopted at a regular meeting held at the ___ day of _______, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. _____________________________________ Genoveva Rocha, CMC, City Clerk 20.a Packet Pg. 906 Attachment: Attachment 1 - Resolution 2021-62 CED.LEAP Grant [Revision 1] (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 907 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 908 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 909 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 910 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 911 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 912 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 913 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 914 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 915 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 916 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 917 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 918 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 919 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) 20.b Packet Pg. 920 Attachment: Attachment 2 - LEAP Grant Application (7190 : Local Early Action Planning Grant Program (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for February and March 2021. 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 March 4, 2021 $2,351,744.73 Total Payroll Demands: $2,351,744.73 The following check registers are being presented for approval: February 19, 2021 2020/21 (Register #34)$25,000.00 February 25, 2021 2020/21 (Register #35)834,471.02 March 4, 2021 2020/21 (Register #36)1,446,699.63 Total commercial check demands:$2,306,170.65 The following Electronic Funds Transfer (EFT) registers presented for approval: February 9 to February 17, 2021 2020/21 (Register #1044-#1052)$2,201,968.52 February 19 to February 26, 2021 2020/21 (Register #1053-#1060)590,105.25 Total commercial EFT demands:$2,792,073.77 2020-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll 21 Packet Pg. 921 7177 Page 2 disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for February and March 2021. Attachments Attachment 1 Payroll Summary Report for March 2021 Attachment 2 Commercial checks & Payroll Register #34 Attachment 3 Commercial checks & Payroll Register #35 Attachment 4 Commercial checks & Payroll Register #36 Attachment 5 Commercial EFT Registers #1044-1052 Attachment 6 Commercial EFT Registers #1053-1060 21 Packet Pg. 922 21.a Packet Pg. 923 Attachment: Attachment 1 - Payroll Summary Report March 2021 (7177 : Approval of Commercial and Payroll Disbursements (All Wards)) 21.b Packet Pg. 924 Attachment: Attachment 2 - Commercial Checks & Payroll Register #34 (7177 : Approval of Commercial 21.b Packet Pg. 925 Attachment: Attachment 2 - Commercial Checks & Payroll Register #34 (7177 : Approval of Commercial 21.c Packet Pg. 926 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 927 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 928 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 929 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 930 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 931 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 932 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 933 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 934 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 935 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 936 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 937 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 938 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 939 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 940 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.c Packet Pg. 941 Attachment: Attachment 3 - Commercial Checks & Payroll Register #35 (7177 : Approval of Commercial 21.d Packet Pg. 942 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 943 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 944 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 945 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 946 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 947 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 948 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 949 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 950 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 951 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 952 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 953 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 954 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 955 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 956 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 957 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 958 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 959 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 960 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 961 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 962 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 963 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 964 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 965 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 966 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 967 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.d Packet Pg. 968 Attachment: Attachment 4 - Commercial Checks & Payroll Register #36 (7177 : Approval of Commercial 21.e Packet Pg. 969 Attachment: Attachment 5 - Commercial EFT Registers #1044-1052 (7177 : Approval of Commercial and 21.e Packet Pg. 970 Attachment: Attachment 5 - Commercial EFT Registers #1044-1052 (7177 : Approval of Commercial and 21.f Packet Pg. 971 Attachment: Attachment 6 - Commercial EFT Registers #1053-1060 (7177 : Approval of Commercial and 21.f Packet Pg. 972 Attachment: Attachment 6 - Commercial EFT Registers #1053-1060 (7177 : Approval of Commercial and Page 1 Staff Report City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Eric McBride, Interim Chief of Police Subject: Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services (All Wards) Recommendation Adopt Resolution No. 2021-63 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute tow service agreements with various tow service carriers and reaffirming tow carrier requirements. Background The City of San Bernardino requires vehicle towing and vehicle storage services for both voluntary (e.g., vehicle accident) and involuntary (e.g., impounds and evidence) tows ordered by City employees in the normal course and scope of business. The Police Department utilizes tow and storage services on a daily basis for vehicles involved in traffic enforcement stops, blighted and abandoned vehicles, illegally p arked vehicles, vehicles involved in collisions, recovered stolen vehicles, vehicles taken as evidence, and others. In order to accommodate the volume of daily requests for tow services, and in an effort to maintain an orderly, efficient, and safe procure ment of tow services, the City has established and maintained Tow Service Agreements with various local tow carriers since at least 1995. The City’s current Tow Service Agreements were established on December 19, 2005 pursuant to a request for proposals (Resolution Nos. 2005-286 and 2005-434 through 439), restated and extended on April 4, 2011 for a period of five years (Resolution No. 2011-80), and were renewed on April 4, 2016 for an additional five year period (Resolution No. 2016-73). These existing Tow Service Agreements are set to expire on March 31, 2021. Given the high volume of tow service requests initiated by City employees on a daily basis, several tow service carriers will continue to be needed to ensure regular and consistent availability of tow services 24 hours per day, seven days per week. At its regular meeting on December 16, 2020, the Mayor and City Council unanimously adopted Resolution No. 2020-306, establishing a tow rotation system, establishing tow carrier standards, establishing franchise fees for tow carriers, and authorizing the issuance of a request for proposals (RFP) for tow services. 22 Packet Pg. 973 7194 Page 2 On December 23, 2020, City staff issued RFP No. F -21-16 for tow services utilizing the PlanetBids system. Prospective bidders were provided with an opportunity to review the City’s RFP and requirements for tow services, and to submit written questions to City staff regarding the RFP by January 14, 2021. Several firms submitted questions and requests for clarification by the deadline, and th e City provided written responses to all submitted questions on January 21, 2021. In conjunction with the City’s responses, staff also issued Addendum No. 1 to the RFP, clarifying the requirement that each tow carrier must have a minimum of 31,500 square feet of paved (impermeable) surface at their storage facility as part of the City’s efforts to protect and enhance water quality. All questions and responses were published to all firms, regardless of which firm initiated the question, in an effort to maintain transparency in the RFP process. Following the question and answer period, the deadline for firms to submit proposals to the City was February 5, 2021. In response to the RFP, the City received proposals from the following 10 firms to provide towing services to the City: 1. A&G Towing 2. Armada Transport, Inc. (DBA Armada Towing Service) 3. Bill & Wag’s, Inc. 4. Danny’s 24-Hour Towing, Inc. 5. Lair Towing, LLC (DBA City Towing) 6. Michael Hayes Towing, LLC 7. Pepe’s Towing Service, Inc. 8. Statewide Towing & Recovery, Inc. 9. Tri City Towing, Inc. 10. Wilson Towing, LLC After an initial review of the proposals, City staff concluded that additional information was required from every firm in order to determine whether each firm would meet all City requirements as established in Resolution No. 2020 -306. In an effort to clarify the information contained in the proposals and to verify the ability of firms to meet all established requirements, City staff prepared and sent a Proposal Verification Chec klist (PVC) to each firm on February 22, 2021. The PVC listed every requirement established in Resolution No. 2020-306 in addition to the paved surface requirement as restated in RFP Addendum No. 1. City staff marked each requirement for each firm, indicating whether staff was able to determine from the firm’s proposal whether the firm met a given requirement, did not meet a given requirement, or whether additional information was required for staff to make an appropriate assessment. Each firm was directed to provide a written explanation for every requirement that was not clearly established in the firm’s proposal, and submit the response to the City by March 1, 2021. Nine (9) out of the ten (10) firms that originally submitted proposals completed the PVC as required. Staff then conducted a final review of all proposals and explanations provided by firms in the completed PVC documents in preparation for making final recommendations to the Mayor and City Council. 22 Packet Pg. 974 7194 Page 3 Discussion Following the completion of the RFP process, including solicitation and submissions of proposals by prospective firms, a question and answer period, clarification of the City’s requirements, and verification of each firm’s ability to meet the City’s requirements, staff reviewed all available information and assigned the 10 firms to one of five distinct categories. Firms were assigned to categories based upon their ability to meet the requirements established by the Mayor and City Council. As outlined in greater detail below, staff recommends the Mayor and City Council authorize the City Manager to execute contracts with the firms listed in Categories 1, 2, 3, and 4 for immediate or future inclusion on the City’s tow rotation. Staff further recommends the Mayor and City Council de cline the proposals for tow services for the firms listed in Category 5, as those firms have indicated their current inability, and future unwillingness, to meet all City requirements as established in Resolution 2020 -306. Category 1 The following firm indicated its ability to meet all City requirements and is therefore recommended by staff to receive a contract and be included on the City’s tow rotation beginning April 1, 2021. A&G Towing Category 2 The following firms indicated their ability to meet most City requirements, but not all. While there is no reason to believe that such firms will not be able to meet all requirements by April 1, 2021, staff requires affirmative confirmation of these firms’ ability to meet the requirements in advance of e xecuting a contract. As such, staff recommends each of the following firms receive a contract and be included on the City’s tow rotation beginning April 1, 2021, provided that such firms confirm in writing their ability to meet the following requirements. Firm Name Requirement(s) to be Confirmed by April 1, 2021 Hayes Towing Tow Equipment Requirements - Item 3 related to specific number and types of tow vehicles in inventory. Pepe’s Towing Facility/Business Requirements - Item 18 related to adherence to storm water regulations and a minimum of 31,500 square feet of paved surface. Statewide Towing Facility/Business Requirements - Item 2 related to certificate of occupancy. Facility/Business Requirements - Item 3 related to hazardous materials permitting. Facility/Business Requirements - Item 5 related to having a business office located in the City and appropriate signage 22 Packet Pg. 975 7194 Page 4 posted and visible. Facility/Business Requirements - Item 12 related to sufficient lot lighting. Facility/Business Requirements - Item 13 related to lot enclosure in compliance with City regulations. Facility/Business Requirements - Item 18 related to adherence to storm water regulations and a minimum of 31,500 square feet of paved surface. Personnel Requirements - Item 9 related to tow drivers wearing appropriate safety vest/clothing. Tri City Towing Tow Equipment Requirements - Item 3 related to specific number and types of tow vehicles in inventory. Tow Equipment Requirements - Item 8 related to possession of a flatbed trailer to tow certain vehicle types. Category 3 The following firms have each requested a variance, as permitted by Resolution No. 2020-306, for additional time to meet certain requirements by the established July 1, 2021 variance deadline. As such, staff recommends each of the following firms receive a contract, but remain off of the City’s tow rotation until such time as all requirements have been met (no later than July 1, 2021). Firm Name Variance Requested Through July 1, 2021 Armada Towing Facility/Business Requirements - Item 18 related to adherence to storm water regulations and a minimum of 31,500 square feet of paved surface. The firm requests a variance to complete paving of its lot. Wilson Towing Facility/Business Requirements - Item 18 related to adherence to storm water regulations and a minimum of 31,500 square feet of paved surface. The firm requests a variance to complete paving of its lot by June 1, 2021. Tow Equipment Requirements - Item 3 related to specific number and types of tow vehicles in inventory. The firm requests a variance to complete inspections of all required tow vehicles by April 15, 2021. City staff recognizes that these firms’ ability to come into compliance with the City’s requirements by July 1, 2021 is premised upon the City’s ability to timely process 22 Packet Pg. 976 7194 Page 5 permits. If selected, City Planning and Public Works staff will diligently assist these firms to the extent possible so that the Police Department’s operational ne eds are met. Category 4 The following firm has requested a variance, as permitted by Resolution No. 2020 -306, for additional time to meet certain requirements by the established July 1, 2021 variance deadline. Additionally, the firm has indicated its ability to meet most City requirements, but not all. While there is no reason to believe that such firm will not be able to meet all requirements by April 1, 2021, as with the firms in Category 2, staff requires affirmative confirmation of this firm’s ability to meet the requirements in advance of executing a contract. As such, staff recommends the following firm receives a contract provided that such firm confirms in writing its ability to meet the following requirements, but remains off of the City’s tow rotation until such time as all requirements have been met (no later than July 1, 2021). Firm Name Requirements to be Confirmed by April 1, 2021 Danny’s Towing Duties of Tow Operator - Item 2 related to the conduct of business. Duties of Tow Operator - Item 3 related to the firm’s ability to respond to requests for service within 30 minutes. Duties of Tow Operator - Item 4 related to dispatching the appropriate equipment to a call for service. Duties of Tow Operator - Item 5 related to responding only to calls for service for which the tow operator was summoned. Facility/Business Requirements - Item 1 related to current City of San Bernardino business licensing. Facility/Business Requirements - Item 3 related to hazardous materials permitting. Facility/Business Requirements - Item 11 related to storage capacity and yard size at primary facility. Tow Equipment Requirements - Item 8 related to possession of a flatbed trailer to tow certain vehicle types. Tow Equipment Requirements - Item 10 related to adherence to towing equipment limitations. Tow Equipment Requirements - Item 11 related to tow recovery equipment requirements. Tow Equipment Requirements - Item 12 related to proper labeling of equipment. Personnel Requirements - Item 1 related to employee qualifications and performance. 22 Packet Pg. 977 7194 Page 6 Firm Name Variance Requested Through July 1, 2021 Danny’s Towing Facility/Business Requirements - Item 17 related to enclosed storage space. The firm has requested a variance to increase its enclosed storage space once paving and upgrades are complete. Facility/Business Requirements - Item 18 related to adherence to storm water regulations and a minimum of 31,500 square feet of paved surface. The firm requests a variance to comply with the paving requirement. Tow/Equipment Requirements - Item 1 related to the firm’s capacity to tow a variety of vehicle types. The firm requests a variance to purchase all equipment required to meet the City’s needs. Tow Equipment Requirements - Item 3 related to specific number and types of tow vehicles in inventory. The firm requests a variance to purchase all equipment required to meet the City’s needs. As with the firms in Category 3, City staff recognizes that this fir m’s ability to come into compliance with the City’s requirements by July 1, 2021 is premised upon the City’s ability to timely process permits. If selected, City Planning and Public Works staff will diligently assist this firm to the extent possible so that the Police Department’s operational needs are met. Category 5 The following firms have indicated an inability or unwillingness to meet all requirements as established in Resolution No. 2020-306. As such, these firms are not recommended by staff for contract or inclusion on the City’s tow rotation. Firm Name Requirement the Firm Does Not Meet Bill & Wag’s Towing Facility/Business Requirements - Item 5 related to having a business office located in the City and appropriate signage posted and visible. The firm indicated it is unable to meet the requirement of having a facility within the City limits. Accordingly, this firm formally withdrew from consideration. Lair Towing Tow Equipment Requirements - Item 3 related to specific number and types of tow vehicles in inventory. The firm indicated it would cause financial hardship to attain all necessary equipment and would need to subcontract for Class B Medium 22 Packet Pg. 978 7194 Page 7 Duty and Class C Heavy Duty towing vehicles. Tow Facility Inspections and Compliance Verification Following the July 1, 2021 deadline for firms requesting a variance to meet all requirements, Police Department staff will conduct an inspection of all tow carriers and facilities under contract with the City. Any tow carrier that do es not meet all established requirements will be suspended or removed from the tow rotation. The City’s right to conduct such inspections and suspend or remove a tow carrier for failure to meet requirements will be a component of each Tow Service Agreement to be executed by the City Manager, and is critical to maintain the tow standards established by the City. Reaffirmation of Standards for Tow Service Carriers In addition to authorizing the City Manager to execute Tow Service Agreements with the firms selected by the Mayor and City Council, the proposed resolution reaffirms the requirements for tow service carriers. The reaffirmed requirements are consistent with the “Explanation of Requirements” document attached to the December 16, 2020 staff report as Attachment 2. In addition, the reaffirmed requirements include reference to Addendum No. 1 to the RFP, which clearly articulates the City’s basis for requiring tow storage facilities have a minimum of 31,500 square feet of paved (impermeable) surface. 2020-2025 Key Strategic Targets and Goals Completing an open and transparent RFP process and contracting with tow carriers that meet the City’s requirements are consistent with Key Target No. 1 Financial Stability by minimizing the risk of litigation exposure through the establishment of a fair and equitable tow rotation service, and Key Target No. 3 Improved Quality of Life by improving public safety service delivery and enhancement of the quality of towing services to the community. Fiscal Impact In exchange for the business benefit achieved by participating in the City’s tow rotation system, each tow service carrier is required to pay to the City a reasonable franchise fee for most tows carried out at the direction of the City (franchise fees are not as sessed on vehicles that have no value, such as junk vehicles). Franchise tow fees are collected by the City on a per tow basis. In FY 2019/2020, the City collected a total of $605,708.92 in franchise tow fees from tow service carriers. The fee schedule adopted by the Mayor and City Council in Resolution No. 2020-306 calls for 3% increases in franchise fees each year (commensurate with the existing Tow Service Agreements). Assuming the number of tows remains consistent, revenue generated by tow franchise fees will likely increase by about 3% per year for the life of the Tow Service Agreements. Conclusion Adopt Resolution No. 2021-63 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute tow servic e agreements with various tow service carriers and reaffirming tow carrier requirements. 22 Packet Pg. 979 7194 Page 8 Attachments Attachment 1 Resolution 2021-63 Attachment 1b Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) Attachment 2 Resolution 2020-306, adopted December 16, 2020 Attachment 3 December 16, 2020 Staff Report With Attachments Attachment 4 Request for Proposals No. F-21-16, With Addendum No. 1 Attachment 5 RFP Questions From Prospective Bidders With City Responses Attachment 6 Proposal Verification Checklists Completed by Firms Attachment 7 Proposal Verification Checklist, Summary of Firm Responses Wards: All Synopsis of Previous Council Actions: On July 10, 1995, the Mayor and City Council adopted Resolution No. 1995 -241 establishing the first criteria for tow service carriers. On August 15, 2005, the Mayor and City Council adopted Resolution No. 2005 -286, establishing standard towing criteria. On December 19, 2005, the Mayor and City Council adopted Resolution Nos. 2005 -434 through 2005-439, approving contracts with six tow carriers. On April 4, 2011, the Mayor and City Council adopted Resolution No. 2011 -80, restating and extending the tow services agreements with six tow carriers. On April 4, 2016, the Mayor and City Council adopted Resolution No. 2016-73 extending the 2011 tow services agreements for five additional years and updating franchise fees to be paid by the tow carriers. On December 16, 2020, the Mayor and City Council adopted Resolution No. 2020 -306, establishing a tow rotation system, establishing tow carrier standards, establishing franchise fees for tow carriers, and authorizing the issuance of a request for proposals (RFP) for tow rotation services. 22 Packet Pg. 980 Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 1 of 12 RESOLUTION NO. 2021-63 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE TOW SERVICE AGREEMENTS WITH VARIOUS TOW SERVICE CARRIERS AND REAFFIRMING TOWING CARRIER REQUIREMENTS WHEREAS, the City’s existing tow service agreements are set to expire on March 31, 2021; and WHEREAS, the City needs to maintain an orderly system for City-initiated towing of vehicles within the City; and WHEREAS, the City wishes to ensure the efficient and safe procurement of these towing services through a rotational system; and WHEREAS, on December 16, 2020, the City Council unanimously adopted Resolution No. 2020-306, which: (1) established a tow rotation system, clearly setting forth the manner in which tows will be allocated; (2) established towing carrier requirements, which clearly set forth the basic minimum standards for tow service carriers who wish to voluntarily join the tow rotation system; (3) established clear franchise fees to be paid in exchange for the privilege of service on the tow rotation; (4) authorized the issuance of a request for proposals for tow service carriers; and (5) implemented a variance process by which potential tow service carriers might be provisionally placed on the tow rotation pending compliance with the requirements, which must occur by July 1, 2021; and WHEREAS, on December 23, 2020, City staff issued RFP No. F-21-16 (the “RFP”) seeking proposals from potential tow service carriers; and WHEREAS, in line with the timeline set forth in the RFP several potential tow service carriers submitted questions relating to the RFP on or before January 14, 2021, to which City staff responded on January 21, 2021; and WHEREAS, in conjunction with City staff’s responses, City staff issued Addendum No. 1 to the RFP, clarifying the requirement that each tow service carrier have a minimum of 31,500 square feet of paved (impermeable) surface at their storage facility as part of the City’s efforts to protect and enhance water quality; and WHEREAS, in line with the timeline set forth in the RFP, ten (10) potential tow service carriers submitted proposals to the City on or before February 5, 2021; and WHEREAS, upon receipt of the proposals, a team of the City’s professional staff began the process of reviewing the proposals with a view to selecting the number and identity of towing carriers that will best serve the City’s operational needs; and 22.a Packet Pg. 981 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 2 of 12 WHEREAS, the City’s professional staff determined that additional information was required from each potential tow service carrier in order to determine whether they met the City’s requirements as established by Resolution No. 2020-306; and WHEREAS, accordingly, on February 22, 2021, City staff sent a Proposal Verification Checklist (“PVC”) to each potential tow service carrier along with clear instructions on how to complete the PVC and a deadline of March 1, 2021; and WHEREAS, nine (9) potential tow service carriers completed and submitted a PVC by March 1, 2021 as requested; and WHEREAS, the City’s professional staff reviewed the nine complete proposals for compliance with the towing carrier requirements and, considering the operational needs of the City’s Police Department, divided the potential tow service carriers into five categories; and WHEREAS, in connection with the review of the proposals submitted in response to the RFP and PVC responses, City staff recommended the City Council authorize the execution of tow service agreements with eight (8) of the tow service carriers. 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. Authorization to Execute Tow Service Agreements. The City Council hereby authorizes the City Manager to execute tow service agreements, substantially in the form attached hereto as Exhibit A and as approved by the City Attorney, with the following tow service carriers so long as the foregoing requirements are met: A. A&G Towing. B. Michael Hayes Towing – On condition that Michael Hayes Towing confirms its compliance with all towing carrier requirements. C. Pepe’s Towing – On condition that Pepe’s Towing confirms its compliance with all towing carrier requirements. D. Statewide Towing & Recovery – On condition that Statewide Towing & Recovery confirms its compliance with all towing carrier requirements. E. Tri City Towing – On condition that Tri City Towing confirms its compliance with all towing carrier requirements. F. Armada Towing – Subject to the requirement that Armada Towing comply with all towing carrier requirements on or before July 1, 2021 pursuant to its variance request in accordance with Resolution No. 2020-306. While Armada Towing is not in compliance with the 22.a Packet Pg. 982 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 3 of 12 towing carrier requirements, Armada Towing shall be placed on the list but shall not be entitled to any tows. G. Wilson Towing – Subject to the requirement that Wilson Towing comply with all towing carrier requirements on or before July 1, 2021 2021 pursuant to its variance request in accordance with Resolution No. 2020-306. While Wilson Towing is not in compliance with the towing carrier requirements, Wilson Towing shall be placed on the list but shall not be entitled to any tows. H. Danny’s 24-Hour Towing – On condition that Danny’s 24-Hour Towing confirms its compliance with all towing carrier requirements and subject to the requirement that Danny’s 24-Hour Towing comply with all towing carrier requirements on or before July 1, 2021 pursuant to its variance request in accordance with Resolution No. 2020-306. While Danny’s 24-Hour Towing is not in compliance with the towing carrier requirements, Danny’s 24-Hour Towing shall be placed on the list but shall not be entitled to any tows. Upon execution of the tow service agreements, assuming the preconditions are met, each of the above tow service carriers shall be awarded franchise rights as a Towing Carrier in accordance with the terms and provisions of Resolution No. 2020-306. SECTION 3. Reaffirmation of Towing Carrier Requirements and Confirmation of Addendum No. 1 to the RFP. The City Council hereby reaffirms the Towing Carrier Requirements, applicable to all Towing Carriers selected by the City for Tow Service Agreements beginning April 1, 2021, set forth in Exhibit B (attached hereto and incorporated herein). In addition, the City Council hereby ratifies, affirms, and confirms Addendum No. 1 to the RFP and concurs with the findings stated therein. The City Council finds that the Towing Carrier Requirements, including Addendum No. 1 to the RFP, are necessary for the protection of the public health, safety, and welfare as reflected in Resolution No. 2020-306, the staff report accompanying Resolution No. 2020-306 (including Attachment 2 thereto), and the staff report accompanying this Resolution. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 17th day of March, 2021. 22.a Packet Pg. 983 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 4 of 12 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 22.a Packet Pg. 984 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 5 of 12 EXHIBIT A TEMPLATE TOW SERVICE AGREEMENT [ATTACHED TO REPORT UNDER SEPARATE COVER] 22.a Packet Pg. 985 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 6 of 12 EXHIBIT B TOW SERVICE REQUIREMENTS EXPERIENCE: Either the owner, principal, or a full-time manager of Towing Carrier shall have a minimum of three (3) verifiable years of for-hire towing experience. Such experience shall include the release of towed vehicles, the completion of lien sale paperwork, and the compl etion of other towing business related documents. Towing Carrier shall ensure a person meeting the experience qualifications of this section is employed for the duration of the Tow Service Agreement. DUTIES OF TOWING CARRIER: 1) Towing Carrier shall maintain a storage facility with 24 hour access for acceptance of tows for storage and release. 2) Towing Carrier’s business operations shall be conducted at all times in an orderly, ethical and courteous manner, and Towing Carrier shall use best efforts to secure and maintain the confidence of vehicle owners and operators. 3) Towing Carrier shall respond to and arrive on scene at all calls for service placed by the City of San Bernardino within thirty (30) minutes of request. Adherence to this response time must occur 24 hours a day, seven days a week, 365 days per year. 4) Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City of San Bernardino during the call for service. 5) Towing Carrier shall not respond to a City of San Bernardino call assigned to another towing carrier unless requested to do so by the City. Towing Carrier shall not assign calls received by them to other Towing Carriers without prior approval of the City. 6) When Towing Carrier will be temporarily unavailable to provide services due to a preplanned/scheduled activity (e.g., unavailable personnel or equipment), Towing Carrier shall notify the San Bernardino Police Department Traffic Unit (or Watch Commander if the Traffic Unit is closed) at least 24 hours prior to the date that services will be unavailable. Any such unavailability may be evaluated by the City as a possible breach of the Tow Service Agreement. 7) Towing Carrier, when responding to a City of San Bernardino call, shall perform the towing or service required for which the Towing Carrier was called. This includes responses for junk vehicle tows/removals. FACILITY/BUSINESS REQUIREMENTS: 22.a Packet Pg. 986 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 7 of 12 1) Towing Carrier shall possess a current City of San Bernardino Business License. 2) Towing Carrier shall possess a current City of San Bernardino Certificate of Occupancy. 3) Towing Carrier shall possess a current City of San Bernardino Hazardous Materials Handler’s Permit. 4) Towing Carrier must be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year. 5) Towing Carrier’s business office must be located within the City of San Bernardino, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible day and night from the roadway. 6) Towing Carrier’s business office must post a sign listing the rates, fees, and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place and must be in plain view of the public. Copies of all towing and storage fees must be readily available to the public. 7) Towing Carrier’s business office must have one primary contact telephone number listed with the San Bernardino Police Department and other City departments. 8) Towing Carrier’s business office must be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. The normal business hours shall be posted in plain view to the public. “Normal business hours” shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for state recognized holidays (New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day). 9) Towing Carrier’s primary storage facility shall be at the same location as the business address. 10) Auxiliary storage facilities may be utilized if overflow storage is required. Auxiliary storage facilities shall be located within the City of San Bernardino or within three (3) miles of the City of San Bernardino. If the vehicle is not stored at the primary business location, there shall be no charge for any additional distance traveled to move the vehicle from the auxiliary storage location to the primary business location. 11) Towing Carrier must be able to store a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary storage facility. 22.a Packet Pg. 987 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 8 of 12 12) Towing Carrier’s vehicle storage area must be sufficiently lit to afford easy visibility to all areas of the lot during darkness. 13) Towing Carrier’s vehicle storage area must be completely enclosed in accordance with the San Bernardino Municipal Code unless the structure is eligible for legal nonconforming status. 14) Towing Carrier’s vehicle storage area must have a perimeter monitored alarm system. 15) No vehicles shall be left parked or stored on the public streets at any time. 16) Stored vehicles shall be secured away from customer parking and the office area. 17) Towing Carrier shall maintain an enclosed evidence storage facility or garage, with minimum indoor storage of 2,000 square feet, for vehicles that have been ordered impounded by the Police Department as evidence. The enclosed evidence storage shall be lockable, have a monitored alarm system, and be accessible to the Police Department on request. 18) Towing Carrier shall comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. Without limiting the foregoing, at a minimum, tow storage facilities shall have a paved surface. In addition, each towing carrier must be able to demonstrate that they have a minimum of 31,500 square feet of paved (i.e., impermeable) surface. (Addendum No. 1 to RFP). 19) Towing Carrier shall comply with all applicable City of San Bernardino, County of San Bernardino, and State of California standards and regulations, including the possession of all required permits, licenses, and land use approvals of the City and any other government agency, to operate a tow service business on the lot. TOW EQUIPMENT REQUIREMENTS: 1) Towing Carrier shall maintain tow vehicles capable of towing cars, trucks, motorhomes, mobile homes, and be able to safely handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles including motorcycles, tractors, forklifts or any type of rolling stock. 2) Towing Carrier shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle with a gross vehicle weight rating (GVWR) of at least 54,000 pounds for towing semi-trucks and trailers. 3) Towing Carrier shall have available a minimum of six (6) tow trucks in vehicle inventory as follows: A. Three (3) Class A Light Duty tow trucks that has a manufacturer’s GVWR of at least 14,000 pounds. 22.a Packet Pg. 988 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 9 of 12 B. Two (2) Class B Medium Duty tow trucks with a manufacturer’s GVWR of at least 33,000 pounds. These trucks shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. C. One (1) Class C Heavy Duty tow truck with a manufacturer’s GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. 4) Towing Carrier shall equip and maintain all tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and all specifications consistent with industry standards and practices. 5) All tow trucks used by Towing Carrier in connection with the Tow Service Agreement shall be inspected annually by the California Highway Patrol and be issued a commercial vehicle safety alliance (CVSA) decal prior to use in the rotation. 6) All Towing Carrier’s vehicles shall be well maintained and next to new in appearance, with the name, address, and phone number of the Towing Carrier’s San Bernardino location permanently affixed to the vehicle. Each piece of towing equipment shall also have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 7) One or more of Towing Carrier’s towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. All tow trucks shall have recovery capabilities and wheel lift capabilities. 8) Towing Carrier shall maintain a flat-bed trailer with the ability to tow a boat, trailered item, mobile home, motorhome, RV trailer, or tractor trailer. 9) Towing Carriers are expected to possess the standard tools of the trade such as: broom, trash can and sand, shovel, fire extinguisher, slim jim, dolly, and other required equipment. 10) Towing Limitations: (a)The total weight of all trucks, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings (RAWR); (b) all tow trucks and car carriers shall be appropriately equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and (c) all trucks must meet all applicable state and/or federal standards. 11) Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 22.a Packet Pg. 989 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 10 of 12 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell): (a) the structural design of the recovery equipment must have a higher load capacity than the performance ratings; (b) winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAEJ706; and (c) all ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 12) Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. PERSONNEL REQUIREMENTS: 1) Towing Carrier shall ensure that tow truck drivers responding to calls initiated by the City of San Bernardino are qualified and competent employees of the Towing Carrier. Tow truck drivers shall be trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced under the Tow Service Agreement. All drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 2) Towing Carrier personnel must possess the appropriate State of California Driver’s License required to operate the vehicles and equipment used. 3) Towing Carrier shall maintain a current list of drivers, which shall be made available for inspection by the Police Department upon demand. An updated drivers list shall be provided to the City of San Bernardino within seven calendar days of any change in driver status (e.g., the addition of any new driver(s), the deletion of any driver(s), etc.). 4) All Towing Carrier tow truck drivers and owners shall be enrolled in the Employer Pull Notice (EPN) program. 5) Towing Carrier must enroll any newly-hired or newly-assigned drivers in the Employer Pull Notice (EPN) program within 30 days. 6) All current and future Towing Carrier personnel performing services for the City shall be fingerprinted (Live Scan) and photographed by the San Bernardino Police Department. 7) All towing services performed on behalf of the City shall be at the direction of the City representative at the scene. 8) All Towing Carrier personnel shall wear uniforms that bear the name of the individual and the Towing Carrier in a conspicuous place on the uniform. 22.a Packet Pg. 990 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 11 of 12 9) Tow drivers shall wear a safety vest and/or reflectorizing clothing, as well as any other safety clothing required by and meeting Cal OSHA (Occupational Safety and Health Administration) requirements. 10) All personnel shall be fluent in the English language. 11) The City of San Bernardino reserves the right to refuse personnel from performing services if, based upon the reasonable belief of the City of San Bernardino, the individual: A. Is unfit to be trusted or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; B. Is a person under the age of eighteen (18) years; C. Has committed or aided or abetted in the commission of any act, or act of omission, which would be grounds for suspension or revocation of a permit; or D. Does not possess a valid California Driver’s License. 22.a Packet Pg. 991 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager Resolution No. 2021-63 Resolution No. 2021-63 March 17, 2021 Page 12 of 12 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. 2021-___, adopted at a special meeting held on the 17th day of March 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 22.a Packet Pg. 992 Attachment: Attachment 1 - Resolution No. 2021-63 Tow Service Carrier Selection [Revision 2] (7194 : Resolution Authorizing the City Manager - 1 - TOW SERVICE AGREEMENT This TOW SERVICE AGREEMENT (“Agreement”) is entered into this ____ day of ______________, 2021, by and between the CITY OF SAN BERNARDINO (“City”) and [***INSERT LEGAL NAME OF TOWING CARRIER***] (“Towing Carrier”) effective April 1, 2021 (the “Effective Date”). City and Towing Carrier may hereafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS A. The Vehicle Code authorizes City regulation of nonconsensual and consensual towing and storage with appropriate compensation therefore, which compensation covers the reasonable cost (including direct and indirect overhead) as well as franchise fees; and B. City has adopted Resolution No. 2020-306, authorizing the City to retain towing carriers for the performance of voluntary and involuntary tow services and related storage and establishing standards relating thereto; and C. Following a procurement process, consistent with Resolution No. 2020-306, the City Council adopted Resolution No. 2021-___ authorizing the City Manager to execute agreements for towing services with certain towing carriers, including the Towing Carrier; and D. This Agreement supersedes in their entirety any and all prior agreements between the City and Towing Carrier; and E City finds and Towing Carrier agrees that the compensation and other provisions of this Agreement meet the requirements of all applicable laws. NOW, THEREFORE, the parties hereto agree as follows: 1. Recitals. The Recitals set out above are true and correct. 2. Provision of Tow Services by Towing Carrier. a. Term; Extension at City’s Option: This Agreement shall commence on the Effective Date for a term of four (4) years unless sooner terminated in accordance with the terms of this Agreement. This Agreement may be extended one time at City’s sole discretion upon a determination by City that Towing Carrier is in compliance with all terms and conditions hereof. Such an extension shall be for an additional four (4) years. There is no promise and should be no expectation of such extension. Failure to grant such extension shall result in termination of this Agreement, which termination is not subject to appeal under this Agreement or under the City’s Municipal Code. b. This Agreement confers a privilege and not a right. c. Towing Carrier hereby agrees to provide Tow Services to the City pursuant to terms and conditions contained in this Agreement. “Tow Services” means the 22.b Packet Pg. 993 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 2 - following types of nonconsensual and consensual towing initiated by the City, including but not limited to code enforcement tows: (i) towing of involuntarily impounded vehicles (where such impound is authorized under the Vehicle Code or other statute) to the Towing Carrier’s storage yard and storage there; and (ii) towing and storage of non -impounded vehicles when directed to do so by City personnel or by the owner (owner’s request tows). Whenever a vehicle has been involved in a collision or a traffic violation, and the owner or someone delegated by the owner is present and is capable of removing the vehicle from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence nor is being impounded in connection with a traffic violation, City may permit the owner or his delegate to remove the vehicle or call a towing carrier of his or her own choice to remove the same. d. This Agreement supersedes any and all prior agreements between the Parties as to the subject matter hereof. 3. General Requirements of Towing Carrier. a. Towing Carrier shall comply with all rules, regulations and laws of the State of California, the County of San Bernardino and the City of San Bernardino, including but not limited to those applicable to towing carriers and to storage facilities. Towing Carrier shall also comply with all provisions of Resolution No. 2020-306 and Resolution No. 2021-___, including all exhibits to both Resolutions, as said Resolutions exist and as said Resolutions may be amended from time to time (the “Resolutions”). For ease of reference, the Minimum Tow Service Requirements required by the Resolutions are attached hereto as Exhibit A and incorporated herein by this reference. b. Towing Carrier shall not be directly involved in the towing related business of any other towing carrier or applicant to provide tow services on the City’s tow rotation. c. In addition to the requirements set forth in the Resolutions, Towing Carrier shall comply with the following: i. Towing Carrier shall respond to calls 24 hours a day, seven days a week, 365/366 days a year. ii. Towing Carrier response time shall be no more than thirty (30) minutes. If the Towing Carrier does not respond within the thirty (30) minute required timeframe, the City of San Bernardino reserves the right to cancel the request at no cost to the City and to contact an alternate tow operator to provide the required service. iii. Towing Carrier shall respond to all calls with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time (which may be cause for action under this Agreement). If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing 22.b Packet Pg. 994 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 3 - Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers. iv. When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability v. Towing Carrier shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the City. vi. Towing Carrier shall move vehicles prior to towing to help clear a roadway or for lifesaving operations if directed by City staff. Towing Carrier shall provide all reasonable assistance as directed. There shall be no additional charge for this assistance, and the assistance provided shall not change Towing Carrier’s place in the rotation. vii. Towing Carrier shall provide for deployment of trucks for special events such as DUI check points, street fairs, parades, and other events as periodically requested by City. Such events will be coordinated with the Towing Carrier at least 24 hours in advance. viii. Towing Carrier shall post in its office the list of rights of the owner of the vehicle under this Agreement for Tow Services as set forth in Exhibit B, attached hereto and incorporated herein by this reference. d. By entering this Agreement, Towing Carrier agrees that the Minimum Tow Service Requirements, this Agreement, and all requirements of the Resolutions are fair, reasonable, and were legally and validly adopted. This provision shall survive the termination of the Agreement. 4. Meetings and Inspections. a. The City may, at its sole and absolute discretion, conduct meetings with all Towing Carriers to discuss issues concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing Carrier’s designee wishing to remain on rotation. The City shall provide the Towing Carrier with written notice of such meting no later than two (2) working days prior to the meeting. The City may call additional required and noticed meetings with one or more Towing Carriers to address issues arising under this Agreement. b. Towing Carrier understands and agrees that the City or its designees may, at its sole and absolute discretion, conduct one (1) annual inspection of Towing Carrier’s operations, including Towing Carrier’s business office and storage facilities, to review 22.b Packet Pg. 995 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 4 - compliance with the regulatory and other requirements of this Agreement. City may utilize a third party vendor to perform this service. City may also, at its discretion, rely on the inspections of third party governmental agencies (e.g., California Highway Patrol) for this purpose. c. The City may conduct one (1) annual inspection of the Towing Carrier’s tow trucks and other equipment used in connection with providing tow services to the City. The City may also conduct additional inspections of the Towing Carrier’s trucks and other equipment used in connection with providing tow services to the City as may be reasonably necessary during normal business hours without prior notice to the Towing Carrier. City may utilize a third party vendor to perform this service. City may also, at its discretion, rely on the inspections of third party governmental agencies (e.g., California Highway Patrol) for this purpose. d. The Police Department may conduct additional inspections of the Towing Carrier’s business office and storage facilities during norm al business hours upon twenty-four hours’ prior notice to the Towing Carrier. e. The Police Department also reserves the right to conduct reviews of Towing Carrier’s operations at any time when health, safety or welfare concerns require such immediate review. 5. Storage of Vehicles. a. Pursuant to the requirements hereof, Towing Carrier shall transport vehicles to the Towing Carrier’s facility for storage and shall meet all storage requirements set forth in the Resolutions including those attached hereto as Exhibit A. b. In no event shall the City be held liable by Towing Carrier for any theft, vandalism, or damage occurring to any stored vehicle or its contents. c. Towing Carrier shall physically mark (e.g., through use of a tag) all vehicles at Towing Carrier facilities under this Agreement identifying them as City tows and including the City’s case number. d. Towing Carrier shall maintain itemized billing of towing and storage charges on each stored vehicle for no less than one year. In no event shall the City be liable for any such charges. e. Towing Carrier shall confirm that any CHP Form 180 prepared by the Police Department is accurate after Police Department inventories the contents. Towing Carrier shall digitally photograph in a manner which shows the date and time on the photograph the inside and outside to document condition of vehicle and its contents prior to taking possession of any vehicle and again immediately before release. Towing Carrier shall retain such photograph in a secure location for at least one year following release. f. Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. 22.b Packet Pg. 996 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 5 - g. Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City’s approval. h. All storage facilities shall meet all legal requirements for such facility, including possession of all permits, licenses, and land use approvals. i. Towing Carrier shall not perform any work or services upon any stored or impounded vehicle without first obtaining the owner’s written consent for such work or services. Towing Carrier may, however, conduct emergency alterations physically necessary to allow for towing of a vehicle. In no case may work or alterations be performed on a vehicle held, stored, or impounded as evidence without the prior authorization of the City. j. To the extent applicable for stored vehicles, Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with the authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the Towing Carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given no later than ten (10) days following the date of the towing of the vehicle by the Towing Carrier. The Police Department shall be responsible for such notice for impounded vehicles. 6. Towing Equipment. The Towing Carrier shall meet all tow equipment requirements set forth in the Resolutions including those attached hereto as Exhibit A. 7. Per Call Rotation System. Tows shall be allocated in accordance with the rotation system set forth in the Resolutions, as they may be amended from time to time. 8. Release of Vehicles. a. Towing Carrier shall release impounded vehicles only upon presentation of an official Police Department Release. b. Towing Carrier shall ensure that vehicles are available for release from impound and storage 24 hours a day, 7 days a week, 365/366 days a year. c. Towing Carrier must clearly mark its storage facility with a telephone number to call if release is requested after normal business hours. d. Towing Carrier shall identify vehicles by year, make, model, color, license and vehicle identification number, and shall comply with Section 10652 of the Vehicle Code. e. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification (as provided in Vehicle Code Section 22860.3) and payment of all towing and storage charges. If the Towing Carrier does not release the vehicle as required by this subsection upon presentation of registration and valid 22.b Packet Pg. 997 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 6 - proof of identification and payment of all charges, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. 9. Release of Personal Property From Impounded Vehicles. a. The Towing Carrier shall obtain approval from the City of San Bernardino Police Department prior to the removal of any property from a stored or impounded vehicle and, if approved, shall provide a receipt, with a copy placed in the stored vehicle. b. Upon approval by the City of San Bernardino Police Department, the Towing Carrier shall release personal property from an impounded or stored vehicle at the request of the vehicle owner or his/her agent. c. The vehicle and/or personal property shall be released at the primary place of business upon request of the owner or a person having a legal entitlement to the vehicle and/or property. d. Property shall not be released to anyone except the registered owner, with proper identification. Property released to any other person shall first be approved by the San Bernardino Police Department. e. There shall be no charge for the release of personal property during normal business hours. f. Towing Carrier may charge an after-hours release fee for property released after normal business hours. The fees charged shall be consistent with the after-hours vehicle release provisions. g. Cargo shall be released upon demand of the carrier or pursuant to a court order. 10. Rates, Fees, and Charges. a. The City will not be held liable for any tow fees, storage, lien sales or disposal fees, or any other costs, for any vehicle that is stored or impounded by any authorized employee of the City. b. Fees charged for response to calls and work performed originating from a request by the City shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. c. The reasonableness of the fees charged will be determined in the following manner: i. The Towing Carrier shall submit its retail hourly rate to the City. ii. The City shall determine the validity and reasonableness of the submitted rates. 22.b Packet Pg. 998 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 7 - iii. Validity will be based upon telephone quotes, posted rates, area CHP rates, and charges to retail customers. iv. Any submitted rate in excess or determined to be unreasonable will be considered invalid and will not be accepted. d. The Towing Carrier shall be allowed to resubmit its rates only once if a rate is determined to be excessive. If the resubmitted rate is deemed excessive, the Towing Carrier shall not be permitted to propose any further rate increases during the term. e. The Towing Carrier may lower retail rates at any time by notifying the City. When the Towing Carrier lowers its retail rate, if the retail rate is lower than the approved City rate, the new retail rate becomes the new approved City rate. f. The Towing Carrier may raise rates for City calls only upon prior approval by the City. g. The Towing Carrier may raise rates for non-City calls at any time. h. The rate for towing shall be computed from portal to portal. Time expended shall be charged a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than 15 minute increments. i. Towing Carrier may charge up to a one-hour minimum per call on any vehicle stored/impounded at the request of the City. j. Towing Carrier may only charge a minimum of one half of the established hourly rate for the towing or service calls for the City vehicles or vehicles towed as evidence. k. There shall be no additional charges for mileage and labor. l. Rate requirements represent the maximum Towing Carrier may charge on a City call. Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if Towing Carrier would not normally charge for such service. m. If service, other than towing and recovery, has begun and is canceled by the vehicle’s owner or agent, Towing Carrier may charge a minimum of one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not at the time of response. n. Regardless of the class of tow truck used or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations required a larger class of tow truck. o. Towing Carrier shall submit its proposed fees for special operations, such as vehicle recovery operations and load salvage operations, to City of San Bernardino for review and approval. 22.b Packet Pg. 999 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 8 - i. Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty minutes may be charged in no more than 15 minute increments. ii. Hourly rates shall be established for auxiliary and contracted equipment (e.g., airbags, converter gear/dolly, and additional trailers, forklifts, scoop-loaders, etc.) iii. City shall determine the reasonableness of the fees for contract labor and equipment for special operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations. iv. Towing Carrier shall submit a markup rate (percentage of the cost to the Towing Carrier) for retail equipment and specialized labor not otherwise listed on the application. v. If Towing Carrier performs a service for which a required rate was not submitted to, and approved by, the City, the Towing Carrier shall only be entitled to charge for the actual cost of that service. p. Towing Carrier shall submit its proposed storage fees, for inside and outside storage, to the City. The City shall assess and approve or deny the reasonableness of the fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation. q. Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by Towing Carrier. r. Storage of vehicles in combination may be charged a per vehicle rate except for dollies and con-gear. Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees. s. Towing Carrier shall display in plain view at all cashiers’ stations, a sign as described in Section 3070 of the Civil Code, disclosing all sto rage fees and charges in force, including the maximum storage rate. t. Vehicles stored up to 4 hours shall not be charged a storage fee. u. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated b y calendar day. v. The Towing Carrier shall store (outdoors) up to four evidentiary vehicles at any given time free of charge during the course of this contract. These evidence storage spots shall be located together and in one area that is out of the way from the day to day operations. Additional vehicles held as evidence by the City shall be charged no more than one half the normal daily rate unless approved by the City of San Bernardino. 22.b Packet Pg. 1000 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 9 - w. Vehicles stored by the City for forfeiture shall be charged no more than three days’ storage. x. City-approved rates shall not apply if the Towing Carrier responds to a City call in a location where towing rates for all tow companies are established by another city or county ordinance. y. The approved schedule of rates charged by Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tow services were provided, or his/her agent, or any City of San Bernardino officer at the scene. z. Towing Carrier and its employees shall not refer to any rate as the minimum required or set by the City. aa. Towing Carrier shall accept all guaranteed forms of payment including, without limitation, cash, money orders, certified checks, debit cards, and all widely accepted credit cards. bb. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by Towing Carrier due to any failure by Towing Carrier, including the failure of payment processing equipment, Towing Carrier shall not charge storage fees beyond the date and time of such failure. cc. Towing Carrier shall furnish to the person authorizing the towing service, or his/her agent, an itemized statement of services performed, including labor and special equipment used in towing the vehicle and the charges made therefor upon the request of: i. The registered owner or the legal owner; ii. The insurance carrier of either the registered owner or the legal owner; or iii. The duly authorized agent of any of the foregoing. Towing Carrier shall furnish a copy of such statement to any person authorized to receive the same without demanding payment as a condition. dd. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to said section of said Code. 11. Franchise Fees. Notwithstanding any amounts charged vehicle owners by Towing Carrier or City, the Towing Carrier shall pay the City the franchise fee set forth in Resolution No. 2020-306, as it may be amended from time to time, on a per vehicle basis. a. Verification of Tows and Payment of Franchise Fees. By the 15th of each calendar month, Towing Carrier shall submit to the Police Department a list of all vehicles towed under this Agreement during the previous calendar month, including but not limited to owner’s 22.b Packet Pg. 1001 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 10 - request tows. The list shall be in a format acceptable to the Police Department and shall include the case number, vehicle license plate number, and vehicle identification number. At the same time as the list is provided, Towing Carrier shall remit franchise fee payment to City for the vehicles towed during the previous calendar month. Any amounts not paid by this date shall bear interest at the rate of 10% per annum, simple interest, compounded daily until paid. 12. Employees: a. Towing Carrier shall maintain personnel in accordance with the personnel requirements set forth in the Resolutions including those requirements attached hereto as Exhibit A. 13. Complaint Procedure. a. All complaints filed with the City by a vehicle owner, operator, or other patron, against Towing Carrier or personnel employed by the Towing Carrier shall be thoroughly investigated by the Towing Carrier. The City reserves the right to conduct a parallel investigation into any such complaints. b. Towing Carrier shall establish written procedures for receiving, acting upon and resolving citizen complaints without intervention by the City. Such written procedures must be made available to the City and public upon request. c. Towing Carrier shall respond within two business days to complaints made or referred by the City. 14. Records: a. Towing Carrier shall maintain records of all Tow Services furnished. The records will be maintained at Towing Carrier’s place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver’s name, and truck used. Records must be kept for one year and must be open to inspection by the City. b. Towing Carrier shall also maintain, at its primary place of business, business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City-generated tows. c. The City may inspect all City-related Towing Carrier records without notice at any time during normal business hours and during the annual reviews. d. The Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business. e. Records shall be maintained and available for inspection for a period of one year after the expiration or termination of this Agreement. 22.b Packet Pg. 1002 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 11 - 15. Audit. a. Upon no less than one week’s advance written notice, City or its designee shall have the right to review and audit the books of Towing Carrier related to the City tows at Towing Carrier’s place of business and during business hours. In the event that such audit shows a 5% or greater variance in revenues owing to the City by Towing Carrier, the following amounts shall be owing by Towing Carrier to City: (i) the amount determined to be owing as a result of the audit; (ii) simple interest at the rate of 10% on the amounts owing, compounded daily from the due date; (iii) the reasonable costs of the audit based upon invoices provided by City. Payments for (i) and (ii) shall be paid within 10 calendar days of notification of the deficiencies and payment for (iii) shall be made within 10 calendar days following the date City invoices Towing Carrier for the costs. b. In the event the audit determines a 15% or greater variance in revenues owing to the City, such result may be grounds for termination under this Agreement. 16. Assignment: Any assignment of this agreement due to change in ownership requires the approval of the City Council to continue on the tow rotation. Any change of ownership must be reported to the Police Department in writing within seven (7) days of such change. Thereafter, Police Department will review the proposed new owner(s) under the standards set out in this Agreement and procedures the Police Department adopts therefor. Within 30 days of the date of notification of the change of ownership, the Police Department shall report the results of its review to the City Council, which shall approve or deny the assignment of this Agreement to the new owner in its sole and absolute discretion. In the event the City Council denies the assignment, the Agreement shall terminate as of the date of such denial and the Police Department may, at its discretion, initiate procedures to replace Towing Carrier in the towing rotation. 17. Standards for Performance: While involved in City rotation tow operations or related business, the Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: a. Rude or discourteous behavior; b. Lack of service, selective service, or refusal to provide service which the Towing Carrier should be capable of performing; c. Any act of sexual harassment or sexual impropriety; d. Unsafe driving practices; e. Exhibiting any objective symptoms of alcohol and/or drug use; f. Traffic violations; g. Criminal activity; h. A violation of the GVWR and safe loading requirements; 22.b Packet Pg. 1003 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 12 - i. Intentionally overcharging or a pattern of overcharging vehicle owners; j. Offering or providing gratuities to City officials or employees; k. Failure to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier’s custody; and l. Failure to comply with any provision of this Agreement, the Resolutions, or any applicable law. 18. Insurance. Towing Carrier 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. a. Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Towing Carrier’s policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability i. Towing Carrier 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: a) Bodily Injury and Property Damage b) Personal Injury/Advertising Injury c) Premises/Operations Liability d) Products/Completed Operations Liability e) Aggregate Limits that Apply per Project f) Explosion, Collapse and Underground (UCX) exclusion deleted g) Contractual Liability with respect to this Agreement 22.b Packet Pg. 1004 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 13 - h) Broad Form Property Damage i) 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 Towing Carrier 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. Towing Carrier 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 22.b Packet Pg. 1005 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 14 - that code, and he/she will comply with such provisions before commencing work under this Agreement. ii. To the extent Towing Carrier has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, Towing Carrier 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. e. 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 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. f. Evidence Required. Prior to execution of the Agreement, Towing Carrier shall file evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein with the City. 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. 22.b Packet Pg. 1006 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 15 - g. Policy Provisions Required. i. Towing Carrier shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that Towing Carrier 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, Towing Carrier 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 Towing Carrier’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. Towing Carrier shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Towing Carrier 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. 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 Towing Carrier from liability in excess of such coverage, nor shall it limit Towing Carrier’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. h. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies, as determined by the City, and 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. i. Additional Insurance Provisions 22.b Packet Pg. 1007 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 16 - i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Towing Carrier, 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 Towing Carrier pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. ii. If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Towing Carrier or City will withhold amounts sufficient to pay premium from Towing Carrier payments. In the alternative, City may cancel this Agreement. iii. The City may require Towing Carrier to provide complete copies of all insurance policies in effect for the duration of the Agreement. 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. 19. Indemnification. a. To the fullest extent permitted by law, Towing Carrier 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 Towing Carrier, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Towing Carrier’s services 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 Towing Carrier’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 Towing Carrier. Towing Carrier’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. Towing Carrier shall defend, with counsel of City’s choosing and at Towing Carrier’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 22.b Packet Pg. 1008 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 17 - appointed officials, employees, agents, or authorized volunteers. Towing Carrier 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. Towing Carrier 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. Towing Carrier 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. Towing Carrier’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. 20. Suspension and Termination for Cause: Failure to perform any term of this Agreement may result in a written reprimand, temporary suspension from the tow rotation, or termination of this Agreement. The City shall retain sole and absolute discretion regarding whether to suspend, whether to terminate, and the length of any suspension. Reprimands, temporary suspensions, and notices of termination may be issued by the Police Chief, effective immediately unless otherwise stated. For suspensions greater than one week and for termination, Towing Carrier may request an appeal of the determination before the City’s Hearing Officer, as used for administrative citations and administrative civil penalties. The determination of the hearing officer shall be final, subject only to the right of judicial review in accordance with Government Code section 53069.4. Notwithstanding the foregoing, should the Hearing Officer find that the Towing Carrier misrepresented their compliance with the Minimum Tow Service Requirements during the procurement process, this Agreement shall be subject to immediate termination. 21. Notice: Any notice to be given pursuant to this Agreement by either party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows: To the City: City of San Bernardino Attn: City Manager Vanir Tower, 290 North D Street San Bernardino, CA 92401 With a copy to: City of San Bernardino Attn: City Attorney Vanir Tower, 290 North D Street San Bernardino, CA 92401 To Towing Carrier: [***INSERT ADDRESS***] 22. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Towing Carrier. 22.b Packet Pg. 1009 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 18 - 23. 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. 24. Equal Opportunity Employment. Towing Carrier 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. 25. Entire Agreement. This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 26. 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. 27. 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, Towing Carrier shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations except in accordance with the provisions of this Agreement. Any attempted assignment without following such provisions shall be invalid and void. 28. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 29. Time of Essence. Time is of the essence for each and every provision of this Agreement. 22.b Packet Pg. 1010 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 19 - 30. 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. 31. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 32. Prohibited Interests. Towing Carrier maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Towing Carrier, to solicit or secure this Agreement. Further, Towing Carrier 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 Towing Carrier, 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. 33. 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. This Agreement may be executed electronically. 34. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO _____________________________________ Robert D. Field, City Manager _____________________________________ Genoveva Rocha, CMC, City Clerk _____________________________________ City Attorney TOWING CARRIER _____________________________________ [***Insert Name, Insert Title***] 22.b Packet Pg. 1011 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 20 - 22.b Packet Pg. 1012 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 21 - EXHIBIT A MINIMUM TOW SERVICE REQUIREMENTS PER RESOLUTION NO. 2021-___ (AS ORIGINALLY ADOPTED IN RESOLUTION NO. 2020-306 AND AUGMENTED WITH ADDENDUM NO. 1 TO THE RFP) [INSERTED ON FOLLOWING PAGES] 22.b Packet Pg. 1013 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution - 22 - EXHIBIT B RIGHTS OF PERSONS WHOSE VEHICLES ARE TOWED AT THE REQUEST OF THE CITY OF SAN BERNARDINO Towing Carriers who tow vehicles at the request of the City of San Bernardino operate under a Tow Services Agreement with the City. The Agreement requires Towing Carrier to comply with certain rules and provides the following rights to the owner of a towed vehicle. The owners’ rights are summarized as follows: 1. Notice to the registered and legal owners of the vehicle within 10 days of being towed of location of vehicles and charges. 2. Normal business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except recognized state holidays. 3. Business hours to be posted for viewing by the public. 4. Towing Carriers shall respond to after-hours release within thirty minutes. 5. Towing Carriers shall accept all guaranteed forms of payment and widely accepted credit cards without a surcharge. 6. If a stored or impounded vehicle is not released once proper documentation and identification are provided and all charges paid, further storage charges shall cease as of the date of presentation and payment. 7. Itemized invoices shall be provided. 8. Right to file a complaint with the Towing Carrier and the City. 22.b Packet Pg. 1014 Attachment: Attachment 1b – Template Tow Service Agreement (Exhibit B to Resolution No. 2021-63) [Revision 1] (7194 : Resolution 22.c Packet Pg. 1015 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1016 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1017 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1018 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1019 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1020 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1021 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1022 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1023 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1024 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1025 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1026 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1027 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 22.c Packet Pg. 1028 Attachment: Attachment 2 - Resolution 2020-306 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Page 1 Consent Calendar City of San Bernardino Request for Council Action Date:December 16, 2020 To:Honorable Mayor and City Council Members From: Robert D. Field, City Manager By:Eric McBride, Acting Chief of Police Subject:Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP Recommendation Adopt Resolution No. 2020-306 of the Mayor and City Council of the City of San Bernardino, California, establishing a tow rotation system, establishing tow carrier standards, establishing franchise fees for tow carriers, and authorizing the issuance of a request for proposals (RFP) for tow rotation services. Background The City of San Bernardino requires vehicle towing and vehicle storage services for both voluntary (e.g., vehicle accident) and involuntary (e.g., impounds and evidence) tows ordered by City employees in the normal course and scope of business. The Police Department utilizes tow and storage services on a daily basis for vehicles involved in traffic enforcement stops, blighted and abandoned vehicles, illegally parked vehicles, vehicles involved in collisions, recovered stolen vehicles, vehicles taken as evidence, and others. In order to accommodate the volume of daily requests for tow services, and in an effort to maintain an orderly, efficient, and safe procurement of tow services, the City has established and maintained Tow Service Agreements with various local tow carriers since 1995 (Resolution No. 1995-241). The City’s current Tow Service Agreements were established on April 4, 2011 for a period of five years (Resolution No. 2011-80), and were renewed on April 4, 2016 for an additional five year period (Resolution No. 2016-73). These existing Tow Service Agreements are set to expire on March 31, 2021. Discussion The impending expiration of the existing Tow Service Agreements provides the City with an opportunity to review and update the ten-year-old standards for tow services and franchise fees charged to tow carriers, while simultaneously providing an open and fair opportunity for tow carriers to submit proposals to the City to provide future tow services through a competitive RFP process. Establishment of a Tow Rotation System Given the high volume of tow service requests initiated by City employees, several tow 16 Packet Pg. 221 22.d Packet Pg. 1029 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 7012 Page 2 service carriers will continue to be needed to ensure regular and consistent availability of tow services 24 hours per day, seven days per week. Following the RFP process, staff will make recommendations to the Mayor and City Council regarding the number of tow carriers needed on the tow rotation based upon operational need, tow carrier abilities, and best judgment of staff. Once tow carriers are selected and Tow Service Agreements are executed, the tow rotation system will provide for a fair distribution of tow assignments to each of the selected tow carriers. Each tow service carrier selected by the City will be placed on a rotating list maintained by the Police Department. When a tow is needed, the carrier at the top of the list is called to handle the service request. That carrier then moves to the bottom of the list. The next tow carrier on the list is then called to handle the next tow and so on. This system provides for the tow needs of the City while distributing the workload and opportunity to tow carriers equitably. A more thorough explanation of the tow rotation process is outlined in Exhibit A to the Resolution (Attachment 1). Establishment of Standards for Tow Service Carriers The City conducts both voluntary and involuntary tows of private vehicles, and must therefore exercise good faith in selecting tow service carriers that adhere to all legal requirements of the trade, follow ethical and safe business practices, and protect private property entrusted to them. Moreover, the City must ensure that adequate equipment and qualified personnel are available to carry out tow service requests initiated by City staff. As such, staff prepared and recommends the adoption of a list of minimum standards and requirements for tow service carriers (Attachment 1, Exhibit B; Attachment 2). In addition to the list of requirements, staff also prepared an explanation and basis supporting each requirement in an effort to provide transparency in the process while laying the foundation for the next generation of Tow Service Agreements. To prepare for the establishment of minimum standards, staff analyzed the current City of San Bernardino Tow Service Agreements and evaluated their efficacy, researched tow service agreements in use by other municipalities as well as the State of California (California Highway Patrol) in an effort to identify best practices, and analyzed current and anticipated future City towing and storage needs. The resulting requirements address the duties of tow operators, facility and business requirements, tow equipment requirements, and personnel requirements, among other factors. Staff also recommends the establishment of a variance process. Tow service carriers interested in participating in the City’s tow rotation system must meet the established minimum requirements by the start of the next tow rotation cycle on April 1, 2021. If a tow carrier cannot meet one or more of the requirements but expects to be able to do so by July 1, 2021, the tow carrier may petition the City to be included on the tow rotation. Any such variance will be at the discretion of the City, and if selected, a tow carrier would be placed on the rotation list in a provisional status but not be assigned tows until such time as all requirements are met. Establishment of Tow Franchise Fees In exchange for the business benefit achieved by participating in the City’s tow rotation 16 Packet Pg. 222 22.d Packet Pg. 1030 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 7012 Page 3 system, each tow service carrier is required to pay a reasonable franchise fee for most tows carried out at the direction of the City (franchise fees are not assessed on vehicles that have no value, such as junk vehicles). These fees are established annually and have historically been increased by 3% each year. The recommended establishment of tow franchise fees for the next round of Tow Service Agreements follows this same formula, with 3% increases in franchise fees per towed vehicle in each year the agreement is in place. Tow franchise fees are more thoroughly outlined in Exhibit C to the Resolution (Attachment 1). Request for Proposals Staff recommends the City engage in an open Request for Proposals process to solicit interest from any tow service carrier meeting the established minimum standards for inclusion on the City’s tow rotation. An open and competitive process is in the best interests of the City, tow carriers, and members of the public. Prospective tow service carriers will be able to submit questions for clarification by the City before submitting a proposal. The following tentative schedule of events has been established for this RFP process. This schedule is subject to change at the City’s discretion: • December 18, 2020 - Release of Request for Proposals • January 4, 2021 - Last day to submit questions for clarification (received by the City at or before 3:00 p.m.) • January 7, 2021 - Clarifications issued by the City at or before 5:00 p.m. • January 22, 2021 - Proposals due by 3:00 p.m. • February 2021 - Applicant review/site inspections to be completed • March 17, 2021 - Present Tow Service Agreements to City Council for adoption • April 1, 2021 - Effective date for new Tow Service Agreements Draft Tow Service Agreement A draft of the proposed Tow Service Agreement is included with this Staff Report (Attachment 3). The draft is intended to provide further transparency to all interested parties, and to enable prospective tow service carriers to fully assess and understand the City’s tow service needs, requirements, and expectations. The draft Tow Service Agreement may be amended by staff following the RFP question and answer process and/or following further review by staff and legal counsel. Additionally, the draft Tow Service Agreement remains subject to final approval by the Mayor and City Council following the completion of the RFP process. 2020-2025 Key Strategic Targets and Goals Establishing a tow rotation system, tow carrier standards, and tow franchise fees, and authorizing the RFP process are consistent with Key Target No. 1 Financial Stability by minimizing the risk of litigation exposure through the establishment of a fair and equitable tow rotation service and open RFP process while also capturing reasonable franchise fees, and Key Target No. 3 Improved Quality of Life by improving public safety service delivery and enhancement of the quality of towing services to the community. 16 Packet Pg. 223 22.d Packet Pg. 1031 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 7012 Page 4 Fiscal Impact Franchise tow fees are collected by the City on a per tow basis. In FY 2019/2020, the City collected a total of $605,708.92 in franchise tow fees from tow service carriers. The proposed fee schedule for the new Tow Service Agreement calls for 3% increases in franchise fees each year (commensurate with the existing Tow Service Agreements). Assuming the number of tows remains consistent, revenue generated by tow franchise fees will likely increase by about 3% per year for the life of the Tow Service Agreements. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2020-306 establishing a tow rotation system, establishing tow carrier standards, establishing franchise fees for tow carriers, and authorizing the issuance of a request for proposals (RFP) for tow rotation services. Attachments Attachment 1 Resolution 2020-306 Attachment 2 Explanation of Tow Service Requirements Attachment 3 Draft Tow Service Agreement Wards: All Synopsis of Previous Council Actions: July 10, 1995 Mayor and City Council adopted Resolution No. 1995-241 establishing the first criteria for tow service carriers. April 4, 2011 Mayor and City Council adopted Resolution 2011-80, authorizing the execution of five-year tow services agreements with six tow carriers. April 4, 2016 Mayor and City Council adopted Resolution No. 2016-73 extending the 2011 tow services agreements for five additional years and updating franchise fees to be paid by the tow carriers 16 Packet Pg. 224 22.d Packet Pg. 1032 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow RESOLUTION NO. 2020-306 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A TOW ROTATION SYSTEM, ESTABLISHING TOW CARRIER REQUIREMENTS, ESTABLISHING FRANCHISE FEES FOR TOW CARRIERS, AND AUTHORIZING THE ISSUANCE OF AN RFP FOR TOW ROTATION SERVICES WHEREAS, the City’s existing tow service contracts are set to expire on March 31, 2021; and WHEREAS, the City needs to maintain an orderly system for City-initiated towing of vehicles within the City; and WHEREAS,the City wishes to ensure the efficient and safe procurement of these towing services through a rotational system; and WHEREAS, the City wishes to clearly set forth the process for the tow rotation system to ensure potential tow carriers understand the manner in which tows will be allocated; and WHEREAS, the City wishes to set forth clear tow carrier requirements that ensure the efficient provision of tow services to the City while also protecting the public health, safety, and welfare; and WHEREAS,the City wishes to establish clear franchise fees for tow carriers in exchange for the privilege of serving on the tow rotation; and WHEREAS, the City wishes to authorize the issuance of a request for proposals to identify potential tow carriers willing and able to serve the City’s needs; and WHEREAS, the City wishes for all proposals to be evaluated by a team of City staff with a view to selecting the number and identity of tow carriers that will best serve the City’s operational needs; and WHEREAS, the City recognizes that limiting the number of towing carriers on the rotational list may be necessary as part of this process to serve to clarify responsibility, minimize administrative confusion, and allow for setting and supervising quality standards as well as minimizing the amount of time spent by the Police Department identifying a willing and able tow carrier to respond to a police request; and WHEREAS, the City further recognizes that potential tow carriers may not immediately be able to comply with all tow carrier requirements and, therefore, wishes to establish a mechanism through which otherwise-qualified tow carriers might be permitted to provisionally join the rotation list without being assigned tows pending compliance with all tow carrier requirements. 16.a Packet Pg. 225 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1033 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 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. Establishment of Tow Rotation System. The City Council hereby establishes a tow rotation system, as set forth in Exhibit A (attached hereto and incorporated herein), for the assignment of nonconsensual and consensual tows to towing carriers with franchise rights pursuant to this Resolution. SECTION 3. Establishment of Tow Carrier Requirements. The City Council hereby establishes tow carrier requirements for Tow Service Agreements beginning April 1, 2021, as set forth in Exhibit B (attached hereto and incorporated herein). SECTION 4. Establishment of Franchise Fees. The City Council hereby establishes the franchise fees set forth in Exhibit C (attached hereto and incorporated herein) for towing carriers as payment for the privilege of their position on the rotational tow list. SECTION 5. Authorization to Issue RFP. The City Council hereby authorizes City staff to issue a request for proposals for towing carriers to serve as part of the City’s rotational tow system. The request for proposals shall incorporate this Resolution, especially the tow carrier standards adopted herein, and the draft Tow Services Agreement set forth in Exhibit D (attached hereto and incorporated herein). The City Manager shall establish a team to review submitted proposals and shall present the proposed number of tow carriers to be selected and the specific tow carriers recommended for selection to the City Council prior to April 1, 2021. The recommendation on the number of carriers to be selected shall be based on the operational needs of the City, including its Police Department. The recommendation on the specific tow carriers to be selected shall be based on the best judgment of City staff after reviewing the proposals, conducting interviews if necessary, considering past experiences with tow carriers, reviewing references of non-incumbent carriers, and any other factors deemed appropriate. SECTION 6. Variance Process. In connection with the request for proposals, City staff are directed to provide for a mechanism through which a potential tow carrier may seek a variance from one or more of the Tow Carrier Requirements identified in Exhibit B. If a potential tow carrier is unable to comply with one or more of such requirements by April 1, 2021 but nevertheless intends on coming into compliance with said requirements by no later than July 1, 2021, said tow carrier may request to provisionally join the tow rotation list and enter into a Tow Service Agreement with the City for the four-year term. During the time when tow carrier is not in compliance with the requirements, tow carrier shall be placed on the list but shall not be entitled to any tows. However, as soon as tow carrier is confirmed by City staff to be in compliance with the requirements, tow carrier shall be admitted to full status on the rotation list. SECTION 7. Existing Tow Rotation Resolutions and Regulations. This Resolution shall supersede all other resolutions relating to the tow rotation system for all tow service agreements beginning April 1, 2021 including but not limited to Resolution No. 2005-286, Resolution No. 2011-80, Resolution No. 2011-91, and Resolution No. 2016-73. All existing 16.a Packet Pg. 226 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1034 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 resolutions relating to the tow rotation system shall continue to apply in full force and effect to existing tow service agreements, which are all set to expire on March 31, 2021. SECTION 8. 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 9. 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 10.Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of December 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 227 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1035 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 EXHIBIT A TOW ROTATION SYSTEM The City shall maintain a rotation tow list to ensure an equitable distribution of calls. The list shall works as follows: 1. The City shall determine the number of towing carriers required based on occupational need and best judgment. The City shall select towing carriers based on experience, facilities, equipment, and the needs of the City pursuant to a competitive RFP process. Upon selection of the towing carriers, all tow carriers shall enter into a Tow Service Agreement with the City in a form approved by the City Attorney’s Office. 2.Once the towing carrier list is established, the City’s Police Chief shall determine the initial order of the list in a random manner. 3. A call to a towing carrier shall constitute one turn on the list and the towing carrier shall be moved to the bottom of the list. This includes when the towing carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due excessive response time. If it is determined that the towing carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the towing carrier will be placed back at the top of the list. 4. If the towing carrier is cancelled by the vehicle’s registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The towing carrier shall immediately contact the City and advise them of the cancellation. The towing carrier will then be placed back at the top of the list; and, 5. If two or more towing carriers are called to the same incident, distribution of the vehicles shall be at the discretion of the City of San Bernardino employee requesting the tow service. Additional rules relating to tow service process: 1. Only the tow truck personnel and equipment requested shall respond to the City call. A towing carrier shall not respond to a City call assigned to another towing carrier unless requested to do so by the City. 2. There may be times when the towing carrier assigned the initial call may require the assistance of an additional towing carrier at the scene. The towing carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific towing carrier for assistance. The request shall be routed to the additional towing carrier through the City. 3. There may be times when a towing carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicle are blocking a roadway and an officer requests 16.a Packet Pg. 228 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1036 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 assistance in clearing the roadway. In such a case, the towing carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the towing carrier’s place in the rotation. 4. Nothing shall prohibit the City from requesting a specific towing carrier when, in the on scene supervisor’s opinion, the necessary resources to clear a hazard as expeditiously as possible are not available from the towing carrier currently at the top of the rotation tow list. 16.a Packet Pg. 229 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1037 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 EXHIBIT B TOW SERVICE REQUIREMENTS EXPERIENCE Towing Carriers shall have a minimum of three (3) verifiable years of for hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a rotation tow listing. Towing Carriers and owners who do not meet the three year verifiable for-hire towing experience may be considered for a position on the City rotation tow list if a full-time manager who possesses the required tow management experience is employed by the Towing Carrier. An owner/Towing Carrier who releases vehicles, completes lien sale paperwork, and other tow business related documents for three years in the Towing Carrier, with the qualified manager, will fulfill the three years for-hire towing experience requirement; DUTIES OF TOW OPERATOR: 1) The Tow Operator shall maintain a storage facility with 24 hour access for acceptance of tows for storage and release. 2)Tow operator’s business operations shall be conducted at all times in an orderly, ethical and courteous manner, and tow operators shall use best efforts to secure and maintain the confidence of vehicle owners and operators. 3) The tow operator shall respond to and arrive on scene at all calls for service placed by the City of San Bernardino within thirty (30) minutes of request. Adherence to this response time must occur 24 hours a day, seven days a week, 365 days per year. 4) The tow operator shall respond with a tow truck of the class required to tow the vehicle specified by the City of San Bernardino during the call for service. 5) A tow operator shall not respond to a City of San Bernardino call assigned to another operator unless requested to do so by the City. The tow operator shall not assign calls received by them to other tow operators without prior approval of the City. 6) When an operator will be temporarily unavailable to provide services due to a preplanned/scheduled activity (e.g., unavailable personnel or equipment), the tow operator shall notify the San Bernardino Police Department Traffic Unit (or Watch Commander if the Traffic Unit is closed) at least 24 hours prior to the date that services will be unavailable. Any such unavailability may be evaluated by the City as a possible breach of the agreement with the City. 7) The tow operator, or its employee(s) responding to a City of San Bernardino call, shall perform the towing or service required for which the operator was called. This includes responses for junk vehicle tows/removals. FACILITY/BUSINESS REQUIREMENTS: 16.a Packet Pg. 230 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1038 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 1) Current City of San Bernardino Business License. 2) Current City of San Bernardino Certificate of Occupancy. 3) Current City of San Bernardino Hazardous Materials Handler’s Permit. 4) Tow operator personnel must be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year. 5) The tow operator business office must be located within the City of San Bernardino, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible day and night from the roadway. 6) The business office must post a sign listing the rates, fees, and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place and must be in plain view of the public. Copies of all towing and storage fees must be readily available to the public. 7) The business office must have one primary contact telephone number listed with the San Bernardino Police Department and other City departments. 8) The business office must be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. The normal business hours shall be posted in plain view to the public. “Normal business hours” shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for state recognized holidays (New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day). 9) The primary storage facility shall be at the same location as the business address. 10)Auxiliary storage facilities may be utilized if overflow storage is required. Auxiliary storage facilities shall be located within the City of San Bernardino or within three (3) miles of the City of San Bernardino. If the vehicle is not stored at the primary business location, there shall be no charge for any additional distance traveled to move the vehicle from the auxiliary storage location to the primary business location. 11)The tow operator must be able to store a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary storage facility. 12)Lighting must be sufficient to afford easy visibility to all areas of the lot during darkness. 16.a Packet Pg. 231 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1039 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 13)The vehicle storage area must be completely enclosed in accordance with the San Bernardino Municipal Code unless the structure is eligible for legal nonconforming status. 14)The vehicle storage area must have a perimeter monitored alarm system. 15)No vehicles shall be left parked or stored on the public streets at any time. 16)Stored vehicles shall be secured away from customer parking and the office area. 17)Tow companies must maintain an enclosed evidence storage facility or garage, with minimum indoor storage of 2,000 square feet, for vehicles that have been ordered impounded by the Police Department as evidence. The enclosed evidence storage shall be lockable, have a monitored alarm system, and be accessible to the Police Department on request. 18)The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. 19)The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California standards and regulations, including the possession of all required permits, licenses, and land use approvals of the City and any other government agency, to operate a tow service business on the lot. TOW EQUIPMENT REQUIREMENTS: 1) Tow Operator shall maintain tow vehicles capable of towing cars, trucks, motorhomes, mobile homes, and able to safely handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles including motorcycles, tractors, forklifts or any type of rolling stock. 2) Tow operators shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle with a GVWR of at least 54,000 pounds for towing semi-trucks and trailers. 3) Tow Operator shall have available a minimum of six (6) tow trucks in vehicle inventory as follows: A. Three (3) Class A Light Duty tow trucks that has a manufacturer’s GVWR of at least 14,000 pounds. B.Two (2) Class B Medium Duty tow trucks with a manufacturer’s GVWR of at least 33,000 pounds. These trucks shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. 16.a Packet Pg. 232 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1040 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 C.One (1) Class C Heavy Duty tow truck with at a manufacturer’s GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. 4) An operator shall equip and maintain all tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and all specifications consistent with industry standards and practices. 5)All tow trucks used by a tow operator or business in connection with the City’s rotational tow service program shall be inspected annually by the California Highway Patrol and be issued a commercial vehicle safety alliance (CVSA) decal prior to permitting a tow truck to participate in the city’s rotational tow service program. 6) All vehicles shall be well maintained and next to new in appearance, with the name, address, and phone number of the tow operator’s San Bernardino location permanently affixed to the vehicle. Each piece of towing equipment shall also have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 7) One or more towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. All tow trucks shall have recovery capabilities, wheel lift capabilities, and a boom. 8) All tow operators shall maintain a flat-bed trailer with the ability to tow a boat, trailered item, mobile home, motorhome, RV trailer, or tractor trailer. 9) Tow operators are expected to possess the standard tools of the trade such as: broom, trash can and sand, shovel, fire extinguisher, slim jim, dolly, and other required equipment. 10)Towing Limitations: (a)The total weight of all trucks, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings (RAWR); (b) all tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and (c) all trucks must meet all applicable state and/or federal standards. 11)Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell): (a) the structural design of the recovery equipment must have a higher load capacity than the performance ratings; (b) winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAEJ706; and (c) all ratings for cable and chain 16.a Packet Pg. 233 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1041 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 12)Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. PERSONNEL REQUIREMENTS: 1) Tow companies shall ensure that tow truck drivers responding to calls initiated by the City of San Bernardino are qualified and competent employees of the tow operator. Tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced through City rotation. Tow drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 2)All personnel must possess the proper State of California Driver’s License required to operate all vehicles and equipment. 3) Tow companies shall maintain a current list of drivers, which shall be made available for inspection by the Police Department upon demand. An updated drivers list shall be provided to the City of San Bernardino within seven calendar days of any change in driver status (e.g., the addition of any new driver(s), the deletion of any driver(s), etc.). 4) All tow truck drivers and tow operator owners shall be enrolled in the Employer Pull Notice (EPN) program. 5) The tow operator must enroll any newly-hired or newly-assigned drivers in the Employer Pull Notice (EPN) program within 30 days. 6) All current and future personnel performing services for the City shall be fingerprinted (Live Scan) and photographed by the San Bernardino Police Department. 7) All towing services performed on behalf of the City shall be at the direction of the City representative at the scene. 8) All personnel shall wear uniforms that bear the name of the individual and the towing company in a conspicuous place on the uniform. 9) Tow drivers shall wear a safety vest and/or reflectorizing clothing, as well as any other safety clothing required by and meeting Cal OSHA (Occupational Safety and Health Administration) requirements. 10)All personnel shall be fluent in the English language. 16.a Packet Pg. 234 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1042 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 11)The City of San Bernardino reserves the right to refuse personnel from performing services if, based upon the reasonable belief of the City of San Bernardino, the individual: A. Is unfit to be trusted or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; B. Is a person under the age of eighteen (18) years; C. Has committed or aided or abetted in the commission of any act, or act of omission, which would be grounds for suspension or revocation of a permit; or D. Does not possess a valid California Driver’s License. 16.a Packet Pg. 235 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1043 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 EXHIBIT C FRANCHISE FEES Towing carriers shall pay the following franchise fees per vehicle towed under the Towing Service Agreements during the initial term of the Agreement and shall not be passed through to vehicle owners in any manner: Year 1 (April 1, 2021 through June 30, 2022) $94.33/vehicle Year 2 (July 1, 2022 through June 30, 2023) $97.16/vehicle Year 3 (July 1, 2023 through June 30, 2024) $100.07/vehicle Year 4 (July 1, 2024 through March 31, 2025) $103.07/vehicle Such franchise fees may be reevaluated and adjusted by the City after the initial 4-year term. In the event new franchise fees are not adopted on or prior to March 31, 2025, the franchise fee shall increase at a rate of 3% each year on July 1, beginning July 1, 2025. Exception Vehicles that have no value, such as junk motorhomes, are exempt from the franchise fee. All “no value” vehicles must be specifically approved by the City and designated on the tow operator’s monthly report, which may be audited by the City. Validation of “no value” will require the submission of a junk slip, fee documentation for dismantling and disposal, and photographic evidence. Vehicles that may be recycled will not be included in this exemption. 16.a Packet Pg. 236 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1044 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 EXHIBIT D AGREEMENT FOR TOW SERVICE [ATTACHED TO REPORT UNDER SEPARATE COVER] 16.a Packet Pg. 237 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1045 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Resolution No. 2020-306 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 special meeting held on the 16th day of December 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, City Clerk 16.a Packet Pg. 238 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.d Packet Pg. 1046 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 1 - Explanation of Tow Service Requirements REQUIREMENT EXPLANATION / BASIS EXPERIENCE: Either the owner, principal, or a full-time manager of Towing Carrier shall have a minimum of three (3) verifiable years of for-hire towing experience. Such experience shall include the release of towed vehicles, the completion of lien sale paperwork, and the completion of other towing business related documents. Towing Carrier shall ensure a person meeting the experience qualifications of this section is employed for the duration of the Tow Service Agreement. DUTIES OF TOWING CARRIER: 1)Towing Carrier shall maintain a storage facility with 24 hour access for acceptance of tows for storage and release. 2)Towing Carrier’s business operations shall be conducted at all times in an orderly, ethical and courteous manner, and Towing Carrier shall use best efforts to secure and maintain the confidence of vehicle owners and operators. 3)Towing Carrier shall respond to and arrive on scene at all calls for service placed by the City of San Bernardino within thirty (30) minutes of request. Adherence to this response time must occur 24 hours a day, seven days a week, 365 days per year. EXPERIENCE: The City conducts both voluntary and involuntary tows of private vehicles, and must exercise good faith in selecting tow service carriers that have experience in the industry, adhere to all legal requirements of the trade, follow ethical and safe business practices, and protect private property entrusted to them. These requirements are best established and documented through years of experience in the for-hire towing business. Additionally, it is expected that experienced tow carriers are less likely to expose the City to liability arising from tow operations. DUTIES OF TOWING CARRIER: 1)Vehicle towing services must be available at all times during which law enforcement operations are conducted. See also Vehicle Code Section 22658. 2)Businesses contracting with the City and operating on behalf of the City are expected to operate in a professional manner with high standards. The conduct of tow personnel reflects upon the City of San Bernardino. 3)Vehicle towing services must be available at all times during which law enforcement operations and other City business is conducted. Additionally, City personnel are expected to be efficient in public service and cannot wait extended periods of time for a tow operator to arrive at a scene to tow a vehicle. Given that all tow operators are expected to have primary business locations within the City, a thirty (30) minute response time is a reasonable expectation. 16.b Packet Pg. 239 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1047 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 2 - 4)Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City of San Bernardino during the call for service. 5)Towing Carrier shall not respond to a City of San Bernardino call assigned to another towing carrier unless requested to do so by the City. Towing Carrier shall not assign calls received by them to other Towing Carriers without prior approval of the City. 6)When Towing Carrier will be temporarily unavailable to provide services due to a preplanned/scheduled activity (e.g., unavailable personnel or equipment), Towing Carrier shall notify the San Bernardino Police Department Traffic Unit (or Watch Commander if the Traffic Unit is closed) at least 24 hours prior to the date that services will be unavailable. Any such unavailability may be evaluated by the City as a possible breach of the Tow Service Agreement. 7)Towing Carrier, when responding to a City of San Bernardino call, shall perform the towing or service required for which the Towing Carrier was called. This includes responses for junk vehicle tows/removals. 4) Various types and sizes of vehicles are encountered during City operations. It is necessary that all types of vehicles are removed and the tow operator must respond with the appropriate equipment that is able to complete the task. 5)The City will maintain a tow rotation list to ensure fair allocation of work. Tow operators are expected to be able to handle all tow requests made by the City and not refer a tow request to another operator. Any deviation requires prior approval of the City to afford the City an opportunity to examine the circumstances, evaluate adherence to the agreement with the tow operator, and approve or deny the request. 6) If a tow operator will not be able to provide services for any reason, their position on the tow rotation may have to be suspended, thereby impacting normal City operators. The City requires advanced notice of such disruption to accommodate the change in circumstances. The City reserves the right to determine whether such unavailability of the tow operator constitutes a violation of the agreement with the City. 7)Various types and sizes of vehicles are encountered during City operations. It is necessary that all types of vehicles are to be removed including junk motorhomes, trailers and other vehicles. Tow operators cannot be selective in the types or condition of vehicles they tow, as doing so would adversely impact the City’s ability to operate and the operations of the other rotation tow operators who would need to be called instead. 16.b Packet Pg. 240 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1048 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 3 - FACILITY/BUSINESS REQUIREMENTS: 1)Towing Carrier shall possess a current City of San Bernardino Business License. 2)Towing Carrier shall possess a current City of San Bernardino Certificate of Occupancy. 3)Towing Carrier shall possess a current City of San Bernardino Hazardous Materials Handler’s Permit. 4)Towing Carrier must be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year. 5)Towing Carrier’s business office must be located within the City of San Bernardino, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible day and night from the roadway. 6)Towing Carrier’s business office must post a sign listing the rates, fees, and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place and must be in plain view of the public. Copies of all towing and storage fees must be readily available to the public. 7) Towing Carrier’s business office must have one primary contact telephone number listed FACILITY/BUSINESS REQUIREMENTS: 1) San Bernardino Municipal Code Chapter 5.04. 2) San Bernardino Municipal Code Chapter 15.20. 3) San Bernardino Municipal Code Chapter 19.20. 4)Vehicle towing services must be available at all times during which law enforcement operations are conducted. 5) Vehicle owners must obtain vehicle release paperwork from the San Bernardino Police headquarters and should not be expected to travel to other cities to retrieve their towed vehicles as a matter of public service, community expectation, and convenience. Additionally, close proximity of tow business offices and storage facilities to City of San Bernardino work sites is required for efficient vehicle inspections, paperwork exchange, and other in-person business transactions involving City employees interacting with tow companies. 6) Vehicle Code Section 22651.07(a)(1)(A). 7) One primary phone number, readily answered by the tow operator, is required 16.b Packet Pg. 241 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1049 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 4 - with the San Bernardino Police Department and other City departments. 8)Towing Carrier’s business office must be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. The normal business hours shall be posted in plain view to the public. “Normal business hours” shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for state recognized holidays (New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day). 9)Towing Carrier’s primary storage facility shall be at the same location as the business address. 10)Auxiliary storage facilities may be utilized if overflow storage is required. Auxiliary storage facilities shall be located within the City of San Bernardino or within three (3) miles of the City of San Bernardino. If the vehicle is not stored at the primary business location, there shall be no charge for any additional distance traveled to move the vehicle from the auxiliary storage location to the primary business location. 11)Towing Carrier must be able to store a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary to prevent confusion and provide timely service. 8) Vehicle Code Section 22651.07(d). 9) Close proximity of tow business offices and storage facilities to City of San Bernardino work sites is required for efficient vehicle inspections, paperwork exchange, and other in-person business transactions involving City employees interacting with tow companies. 10)It is understood that auxiliary storage facilities may be required to facilitate vehicle storage for companies with limited storage area at the primary business location. Any such auxiliary storage facilities must nevertheless be located within the City of San Bernardino or within close proximity of the City of San Bernardino to facilitate investigations and inspections of stored vehicles and facilities, and to provide for a reasonable amount of retrieval time when a vehicle release is issued. 11)An analysis of the City’s rotational annual tow load determined that approximately 6,500 cars per year are stored or impounded. Six tow companies currently 16.b Packet Pg. 242 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1050 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 5 - storage facility. 12)Towing Carrier’s vehicle storage area must be sufficiently lit to afford easy visibility to all areas of the lot during darkness. 13)Towing Carrier’s vehicle storage area must be completely enclosed in accordance with the San Bernardino Municipal Code unless the structure is eligible for legal nonconforming status. 14)Towing Carrier’s vehicle storage area must have a perimeter monitored alarm system. 15)No vehicles shall be left parked or stored on the public streets at any time. share the workload with approximately 1,060 tows each per year or approximately 88 per month. Tow companies should expect to potentially retain vehicles for up to two months prior to release or lien sale. As such, each tow operator needs to be able to hold an inventory of approximately 175 cars at any given time. A study conducted by the University of Tennessee entitled “Estimating the Number of Parking Spaces Per Acre” (Holland, 2014) was used as a basis to determine the total area required to store 175 vehicles. The study determined the minimum storage space per vehicle is 180 square feet. As such, 175 cars at 180 square feet each equates to a minimum of 31,500 square feet of needed space. 12)This requirement will be established by the Building Code and determined by city planning.Lighting requirements vary depending on which sources are utilized. Minimum lighting should be about 3 lux which is equal to 3 lumens per square meter. Lighting can be measured by a handheld device. 13)An enclosed storage area serves to protect stored vehicles and contents and is required to safeguard property stored or impounded at the direction of the City. San Bernardino Municipal Code Chapter 19.20. 14)A perimeter alarm protects stored vehicles and contents and is required to safeguard property stored or impounded at the direction of the City. 15)Vehicles stored and impounded at the direction of the City must be protected within a secure environment to prevent damage or theft. 16.b Packet Pg. 243 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1051 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 6 - 16)Stored vehicles shall be secured away from customer parking and the office area. 17)Towing Carrier shall maintain an enclosed evidence storage facility or garage, with minimum indoor storage of 2,000 square feet, for vehicles that have been ordered impounded by the Police Department as evidence. The enclosed evidence storage shall be lockable, have a monitored alarm system, and be accessible to the Police Department on request. 18)Towing Carrier shall comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. Without limiting the foregoing, at a minimum, tow storage facilities shall have a paved surface. 19)Towing Carrier shall comply with all applicable City of San Bernardino, County of San Bernardino, and State of California standards and regulations, including the possession of all required permits, licenses, and land use approvals of the City and any other government agency, to operate a tow service business on the lot. 16)Vehicles stored and impounded at the direction of the City must be protected within a secure environment to prevent damage or theft and should not be located in areas readily accessible to the public. 17)Vehicles are often impounded as evidence in criminal investigations. To preserve that evidence, to protect it from the elements, and to prevent evidence tampering, an enclosed and secure area is required. 18)San Bernardino Municipal Code Chapter 8.80. Business & Professions Code Sections 16000.3 and 16100.3. Water Code Section 13383.10. Senate Bill 205 (2019). An applicant for a new or renewed business license is required to demonstrate enrollment in a National Pollutant Discharge Elimination System (NPDES) storm water permit, if such a permit is required. Prior to the issuance or renewal of a business license, the City determines whether any of the primary Standard Industrial Classification (SIC) codes provided by the business are potentially regulated by the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial General Permit) also known as IGP. 19)San Bernardino Municipal Code Chapter 19.08. 16.b Packet Pg. 244 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1052 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 7 - TOW EQUIPMENT REQUIREMENTS: 1)Towing Carrier shall maintain tow vehicles capable of towing cars, trucks, motorhomes, mobile homes, and be able to safely handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles including motorcycles, tractors, forklifts or any type of rolling stock. 2)Towing Carrier shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle with a gross vehicle weight rating (GVWR) of at least 54,000 pounds for towing semi- trucks and trailers. 3)Towing Carrier shall have available a minimum of six (6) tow trucks in vehicle inventory as follows: A.Three (3) Class A Light Duty tow trucks that has a manufacturer’s GVWR of at least 14,000 pounds. B.Two (2) Class B Medium Duty tow trucks with a manufacturer’s GVWR of at least 33,000 pounds. These trucks shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. C.One (1) Class C Heavy Duty tow truck with a manufacturer’s GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. TOW EQUIPMENT REQUIREMENTS: 1) The City of San Bernardino has and will continue to have a need to tow a variety of vehicle types, sizes, and configurations. Tow operators must be able and willing to tow and store/impound any vehicle type to meet the needs of the City. 2) Super heavy duty equipment is infrequently required but may be necessary to tow heavy duty vehicles. To meet City needs, the tow operator must therefore possess or have reasonable access to the required equipment to tow a heavy duty vehicle. 3) Several trucks are required to readily handle City tow requests while maintaining service to other customers. Class A trucks are required to tow regular automobiles, pickup trucks, and vans, the most frequently-towed vehicle types. Medium duty Class B vehicles are required to tow some motorhomes and other heavier vehicles. Heavy duty Class C vehicles are necessary to be able to pull the heaviest vehicles including motorhomes, tractor trailers, and other heavy/long pieces of equipment. Class A, B and C trucks cover almost all of the City’s tow requirements. With the addition of super heavy duty access, any vehicle can be towed with the exception of heavy extra wide loads such as construction equipment. 16.b Packet Pg. 245 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1053 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 8 - 4)Towing Carrier shall equip and maintain all tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and all specifications consistent with industry standards and practices. 5)All tow trucks used by Towing Carrier in connection with the Tow Service Agreement shall be inspected annually by the California Highway Patrol and be issued a commercial vehicle safety alliance (CVSA) decal prior to use in the rotation. 6)All Towing Carrier’s vehicles shall be well maintained and next to new in appearance, with the name, address, and phone number of the Towing Carrier’s San Bernardino location permanently affixed to the vehicle. Each piece of towing equipment shall also have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 7)One or more of Towing Carrier’s towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. All tow trucks shall have recovery capabilities and wheel lift capabilities. 8) Towing Carrier shall maintain a flat-bed trailer with the ability to tow a boat, trailered item, mobile home, motorhome, RV trailer, or tractor trailer. 9)Towing Carriers are expected to possess the standard tools of the trade such as: broom, trash can and sand, shovel, fire extinguisher, 4) Vehicle Code Sections 615, 24605,25110, 25253, 25268, 25300, 27907, and 29004; California Code of Regulations Title 13. 5) California Vehicle Code;California Code of Regulations Title 13. 6)Vehicle Code Section 27907 California Code of Regulations Title 13. 7)The City has occasion to require vehicles to be recovered and towed from areas other than a roadway at the scene of a vehicle accident, vehicle abandonment, and other situations. This equipment is required to enable the tow operator to recover and tow such vehicles as needed. 8)The City of San Bernardino has and will continue to have a need to tow a variety of vehicle types, sizes, and configurations. Tow operators must be able and willing to tow and store/impound any vehicle type to meet the needs of the City. 9) The listed tools of the trade and other standard equipment is necessary to clean collision scenes, provide safety measures, 16.b Packet Pg. 246 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1054 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 9 - slim jim, dolly, and other required equipment. 10)Towing Limitations: (a)The total weight of all trucks, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings (RAWR); (b) all tow trucks and car carriers shall be appropriately equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and (c) all trucks must meet all applicable state and/or federal standards. 11)Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell): (a) the structural design of the recovery equipment must have a higher load capacity than the performance ratings; (b) winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAEJ706; and (c) all ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 12)Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. allow access to vehicles, etc. Vehicle Code Section 27700; California Code of Regulations Title 13. 10)Tow operators must abide by all laws and regulations established for the safe operation of towing equipment. Tow carrier vehicles may not tow other vehicles when the total weight of the vehicles exceeds the GVWR of the tow carrier vehicle. Additionally, the weight of the towed vehicle must be distributed so as not to exceed the front or rear axle ratings of the tow carrier vehicle. 11)Tow and recovery equipment operated by tow carriers must meet established specifications and equipment ratings to ensure safe operation and protection of vehicles being towed. 12)Tow carrier equipment must be adequately marked to ensure safe operation by tow operators and to provide operators with written notice related to warnings or cautions associated with the use of such equipment. 16.b Packet Pg. 247 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1055 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 10 - PERSONNEL REQUIREMENTS: 1)Towing Carrier shall ensure that tow truck drivers responding to calls initiated by the City of San Bernardino are qualified and competent employees of the Towing Carrier. Tow truck drivers shall be trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced under the Tow Service Agreement. All drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 2)Towing Carrier personnel must possess the appropriate State of California Driver’s License required to operate the vehicles and equipment used. 3) Towing Carrier shall maintain a current list of drivers, which shall be made available for inspection by the Police Department upon demand. An updated drivers list shall be provided to the City of San Bernardino within seven calendar days of any change in driver status (e.g., the addition of any new driver(s), the deletion of any driver(s), etc.). 4)All Towing Carrier tow truck drivers and owners shall be enrolled in the Employer Pull Notice (EPN) program. 5) Towing Carrier must enroll any newly-hired or newly-assigned drivers in the Employer Pull Notice (EPN) program within 30 days. PERSONNEL REQUIREMENTS: 1) Tow operators need to provide employees and equipment that are professional and well trained in order to provide quality and safe service to the City. 2) Vehicle Code Section 12804.9. 3) Vehicle Code 1808.1. 4)The EPN enables employers to monitor the driving records of employees. This information ensures that drivers remain qualified to respond lawfully and safely to tow calls ordered by the City. Vehicle Code 1808.1. 5)Enrollment must occur in a timely fashion in order to allow proper notification of any changes to the driver’s license status and other relevant EPN events. Vehicle Code 1808.1. 16.b Packet Pg. 248 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1056 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 11 - 6)All current and future Towing Carrier personnel performing services for the City shall be fingerprinted (Live Scan) and photographed by the San Bernardino Police Department. 7)All towing services performed on behalf of the City shall be at the direction of the City representative at the scene. 8)All Towing Carrier personnel shall wear uniforms that bear the name of the individual and the Towing Carrier in a conspicuous place on the uniform. 9)Tow drivers shall wear a safety vest and/or reflectorizing clothing, as well as any other safety clothing required by and meeting Cal OSHA (Occupational Safety and Health Administration) requirements. 10)All personnel shall be fluent in the English language. 11)The City of San Bernardino reserves the right to refuse personnel from performing services 6) Tow truck drivers and other tow operator personnel interact with the public on behalf of the City of San Bernardino. This requirement ensures basic background information related to such personnel is obtained in an efficient manner and ensures only qualified personnel interact with the public on behalf of the City. Additionally, changes in status will be reported to the City via Live Scan registration to monitor any future concerns (e.g., arrest or conviction of a crime) that may create a public safety issue. 7)City of San Bernardino police officers and other employees may request a tow. It is required that tow operators comply with directions of City employees at various scenes to ensure public safety and efficient removal of vehicles in a lawful manner. 8) Tow operators respond to critical incidents. It is imperative that City employees can distinguish tow truck drivers from citizens who may be at the scene and can identify the individual by name. The uniform provides a professional standard that enhances public confidence. 9)Reflective clothing enhances the visibility of personnel who are performing work on the roadways, especially during darkness. California Code of Regulations Title 8, Federal Code of Regulations Title 23, Highways. 10)City personnel and most of the public primarily speak English. Speaking the same language reduces confusion and increases safety and efficiency. 11)Given the regular interaction with City personnel and members of the public, the 16.b Packet Pg. 249 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1057 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 12 - if, based upon the reasonable belief of the City of San Bernardino, the individual: A.Is unfit to be trusted or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; B.Is a person under the age of eighteen (18) years; C.Has committed or aided or abetted in the commission of any act, or act of omission, which would be grounds for suspension or revocation of a permit; or D.Does not possess a valid California Driver’s License. City requires tow personnel who can be trusted, possess the appropriate licensure, comply with the law, and will operate in a professional and courteous manner. 16.b Packet Pg. 250 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.d Packet Pg. 1058 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 1 - TOW SERVICE AGREEMENT This TOW SERVICE AGREEMENT (“Agreement”) is entered into this ____ day of ______________, 2021, by and between the CITY OF SAN BERNARDINO (“City”) and [***INSERT LEGAL NAME OF TOWING CARRIER***] (“Towing Carrier”) effective April 1, 2021 (the “Effective Date”).City and Towing Carrier may hereafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS A. The Vehicle Code authorizes City regulation of nonconsensual and consensual towing and storage with appropriate compensation therefore, which compensation covers the reasonable cost (including direct and indirect overhead) as well as franchise fees; and B. City has adopted Resolution No. 2020-306, authorizing the City to retain towing carriers for the performance of involuntary tow services and related storage and establishing standards relating thereto; and C. Following a procurement process, consistent with Resolution No. 2020-306, the City Council has authorized the City Manager to execute agreements for towing services with certain towing carriers, including the Towing Carrier; and D. This Agreement supersedes in their entirety any and all prior agreements between the City and Towing Carrier; and E City finds and Towing Carriers agree that the compensation and other provisions of this Agreement meet the requirements of all applicable laws. NOW, THEREFORE, the parties hereto agree as follows: 1.Recitals.The Recitals set out above are true and correct. 2.Provision of Tow Services by Towing Carrier. a.Term; Extension at City’s Option: This Agreement shall commence on the Effective Date for a term of four (4) years unless sooner terminated in accordance with the terms of this Agreement. This Agreement may be extended one time at City’s sole discretion upon a determination by City that Towing Carrier is in compliance with all terms and conditions hereof. Such an extension shall be for an additional four (4) years. There is no promise and should be no expectation of such extension. Failure to grant such extension shall result in termination of this Agreement, which termination is not subject to appeal under this Agreement or under the City’s Municipal Code. b. This Agreement confers a privilege and not a right. c. Towing Carrier hereby agrees to provide Tow Services to the City pursuant to terms and conditions contained in this Agreement. “Tow Services” means the 16.c Packet Pg. 251 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1059 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 2 - following types of nonconsensual and consensual towing initiated by the City, including but not limited to code enforcement tows: (i) towing of involuntarily impounded vehicles (where such impound is authorized under the Vehicle Code) to the Towing Carrier’s storage yard and storage there; and (ii) towing and storage of non-impounded vehicles when directed to do so by City personnel or by the owner (owner’s request tows).Whenever a vehicle has been involved in a collision or a traffic violation, and the owner or someone delegated by the owner is present and is capable of removing the vehicle from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence nor is being impounded in connection with a traffic violation, City shall permit the owner or his delegate to remove the vehicle or call a towing carrier of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, then owner shall not have such right. d. This Agreement supersedes any and all prior agreements between the Parties as to the subject matter hereof. 3.General Requirements of Towing Carriers. a. Towing Carrier shall comply with all rules, regulations and laws of the State of California, the County of San Bernardino and the City of San Bernardino, including but not limited to those applicable to towing carriers and to storage facilities. Towing Carrier shall also comply with all provisions of Resolution No. 2020-306, including all exhibits thereto. as said Resolution exists and as said Resolution may be amended from time to time. For ease of reference, the Minimum Tow Service Requirements adopted by Resolution No. 2020-306 is attached hereto as Exhibit A and incorporated herein by this reference. b. Towing Carrier shall not be directly involved in the towing related business of any other towing carrier or applicant to provide Tow Services on the City’s tow rotation. c. In addition to the requirements set forth in Resolution No. 2020-306, Towing Carrier shall comply with the following: i. Towing Carrier shall respond to calls 24 hours a day, seven days a week, 365/366 days a year. ii. Towing Carrier response time shall be no more than thirty (30) minutes. If the Towing Carrier does not respond within the thirty (30) minute required timeframe, the City of San Bernardino reserves the right to cancel the request at no cost to the City and to contact an alternate tow operator to provide the required service. iii. Towing Carrier shall respond to all calls with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time (which may be cause for action under this Agreement). If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing 16.c Packet Pg. 252 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1060 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 3 - Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers. iv. When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability v. Towing Carrier shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the City. vi. Towing Carrier shall move vehicles prior to towing to help clear a roadway or for lifesaving operations if directed by City staff. Towing Carrier shall provide all reasonable assistance as directed. There shall be no additional charge for this assistance, and the assistance provided shall not change Towing Carrier’s place in the rotation. vii. Towing Carrier shall provide for deployment of trucks for special events such as DUI check points, street fairs, parades, and other events as periodically requested by City. Such events will be coordinated with the Towing Carrier at least 24 hours in advance. viii. Towing Carrier shall post in its office the list of rights of the owner of the vehicle under this Agreement for Tow Services as set forth in Exhibit B, attached hereto and incorporated herein by this reference. 4.Meetings and Inspections. a. The City may, at its sole and absolute discretion, conduct meetings with all Towing Carriers to discuss issues concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing Carrier’s designee wishing to remain on rotation. The City shall provide the Towing Carrier with written notice of such meting no later than two (2) working days prior to the meeting. The City may call additional required and noticed meetings with one or more Towing Carriers to address issues arising under this Agreement. b. Towing Carrier understands and agrees that the City or its designees may, at its sole and absolute discretion, conduct one (1) annual inspection of Towing Carrier’s operations, including Towing Carrier’s business office and storage facilities, to review compliance with the regulatory and other requirements of this Agreement. City may utilize a third party vendor to perform this service. City may also, at its discretion, rely on the inspections of third party governmental agencies (e.g., California Highway Patrol) for this purpose. 16.c Packet Pg. 253 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1061 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 4 - c. The City may conduct one (1) annual inspection of the Towing Carrier’s tow trucks and other equipment used in connection with providing tow services to the City. The City may also conduct additional inspections of the Towing Carrier’s trucks and other equipment used in connection with providing tow services to the City as may be reasonably necessary during normal business hours without prior notice to the Towing Carrier. City may utilize a third party vendor to perform this service. City may also, at its discretion, rely on the inspections of third party governmental agencies (e.g., California Highway Patrol) for this purpose. d. The Police Department may conduct additional inspections of the Towing Carrier’s business office and storage facilities during normal business hours upon twenty-four hours’prior notice to the Towing Carrier. e. The Police Department also reserves the right to conduct reviews of Towing Carrier’s operations at any time when health, safety or welfare concerns require such immediate review. 5.Storage of Vehicles. a. Pursuant to the requirements hereof, Towing Carrier shall transport vehicles to the Towing Carrier’s facility for storage and shall meet all storage requirements set forth in Resolution No. 2020-306 including those attached hereto as Exhibit A. b. In no event shall the City be held liable by Towing Carrier for any theft, vandalism, or damage occurring to any stored vehicle or its contents. c. Towing Carrier shall physically mark (e.g., through use of a tag) all vehicles at Towing Carrier facilities under this Agreement identifying them as City tows and including the City’s case number. d. Towing Carrier shall maintain itemized billing of towing and storage charges on each stored vehicle for no less than one year. In no event shall the City be liable for any such charges. e. Towing Carrier shall confirm that any CHP Form 180 prepared by the Police Department is accurate after Police Department inventories the contents. Towing Carrier shall digitally photograph in a manner which shows the date and time on the photograph the inside and outside to document condition of vehicle and its contents prior to taking possession of any vehicle and again immediately before release. Towing Carrier shall retain such photograph in a secure location for at least one year following release. f. Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. g. Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City’s approval. 16.c Packet Pg. 254 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1062 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 5 - h. All storage facilities shall meet all legal requirements for such facility, including possession of all permits, licenses, and land use approvals. i. Towing Carrier shall not perform any work or services upon any stored or impounded vehicle without first obtaining the owner’s written consent for such work or services. Towing Carrier may, however, conduct emergency alterations physically necessary to allow for towing of a vehicle. In no case may work or alterations be performed on a vehicle held, stored, or impounded as evidence without the prior authorization of the City. j. To the extent applicable for stored vehicles, Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with the authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the Towing Carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given no later than ten (10) days following the date of the towing of the vehicle by the Towing Carrier. The Police Department shall be responsible for such notice for impounded vehicles. 6.Towing Equipment: The Towing Carrier shall meet all tow equipment requirements set forth in Resolution No. 2020-306 including those attached hereto as Exhibit A. 7.Per Call Rotation System a. Tows shall be allocated in accordance with the rotation system set forth in Resolution No. 2020-306, as it may be amended from time to time. 8.Release of Vehicles. a. Towing Carrier shall release impounded vehicles only upon presentation of an official Police Department Release. b. Towing Carrier shall ensure that vehicles are available for release from impound and storage 24 hours a day, 7 days a week, 365 days a year. c. Towing Carrier must clearly mark its storage facility with a telephone number to call if release is requested after normal business hours. d. Towing Carrier shall identify vehicles by year, make, model, color, license and vehicle identification number, and shall comply with Section 10652 of the Vehicle Code. e. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification (as provided in Vehicle Code Section 22860.3) and payment of all towing and storage charges. If the Towing Carrier does not release the vehicle as required by this subsection upon presentation of registration and valid proof of identification and payment of all charges, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. 16.c Packet Pg. 255 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1063 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 6 - 9.Release of Personal Property From Impounded Vehicles. a. The Towing Carrier shall obtain approval from the City of San Bernardino Police Department prior to the removal of any property from a stored or impounded vehicle and, if approved, shall provide a receipt, with a copy placed in the stored vehicle. b. Upon approval by the City of San Bernardino Police Department, the Towing Carrier shall release personal property from an impounded or stored vehicle at the request of the vehicle owner or his/her agent. c. The vehicle and/or personal property shall be released at the primary place of business upon request of the owner or a person having a legal entitlement to the vehicle and/or property. d. Property shall not be released to anyone except the registered owner, with proper identification. Property released to any other person shall first be approved by the San Bernardino Police Department. e. There shall be no charge for the release of personal property during normal business hours. f. Towing Carrier may charge an after-hours release fee for property released after normal business hours. The fees charged shall be consistent with the after-hours vehicle release provisions. g. Cargo shall be released upon demand of the carrier or pursuant to a court order. 10.Rates, Fees, and Charges. a. The City will not be held liable for any tow fees, storage, lien sales or disposal fees, or any other costs, for any vehicle that is stored or impounded by any authorized employee of the City. b. Fees charged for response to calls and work performed originating from a request by the City shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. c. The reasonableness of the fees charged will be determined in the following manner: i. The Towing Carrier shall submit its retail hourly rate to the City. ii. The City shall determine the validity and reasonableness of the submitted rates. iii. Validity will be based upon telephone quotes, posted rates, area CHP rates, and charges to retail customers. 16.c Packet Pg. 256 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1064 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 7 - iv. Any submitted rate in excess or determined to be unreasonable will be considered invalid and will not be accepted. d. The Towing Carrier shall be allowed to resubmit its rates only once if a rate is determined to be excessive. If the resubmitted rate is deemed excessive, the Towing Carrier shall not be permitted to propose any further rate increases during the term. e. The Towing Carrier may lower retail rates at any time by notifying the City. When the Towing Carrier lowers its retail rate, if the retail rate is lower than the approved City rate, the new retail rate becomes the new approved City rate. f. The Towing Carrier may raise rates for City calls only upon prior approval by the City. g. The Towing Carrier may raise rates for non-City calls at any time. h. The rate for towing shall be computed from portal to portal. Time expended shall be charged a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than 15 minute increments. i. Towing Carrier may charge up to a one-hour minimum per call on any vehicle stored/impounded at the request of the City. j. Towing Carrier may only charge a minimum of one half of the established hourly rate for the towing or service calls for the City vehicles or vehicles towed as evidence. k. There shall be no additional charges for mileage and labor. l. Rate requirements represent the maximum Towing Carrier may charge on a City call. Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if Towing Carrier would not normally charge for such service. m. If service, other than towing and recovery, has begun and is canceled by the vehicle’s owner or agent, Towing Carrier may charge a minimum of one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not at the time of response. n. Regardless of the class of tow truck used or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations required a larger class of tow truck. o. Towing Carrier shall submit its proposed fees for special operations, such as vehicle recovery operations and load salvage operations, to City of San Bernardino for review and approval. 16.c Packet Pg. 257 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1065 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 8 - i. Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty minutes may be charged in no more than 15 minute increments. ii. Hourly rates shall be established for auxiliary and contracted equipment (e.g., airbags, converter gear/dolly, and additional trailers, forklifts, scoop-loaders, etc.) iii. City shall determine the reasonableness of the fees for contract labor and equipment for special operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations. iv. Towing Carrier shall submit a markup rate (percentage of the cost to the Towing Carrier) for retail equipment and specialized labor not otherwise listed on the application. v. If Towing Carrier performs a service for which a required rate was not submitted to, and approved by, the City, the Towing Carrier shall only be entitled to charge for the actual cost of that service. p. Towing Carrier shall submit its proposed storage fees, for inside and outside storage, to the City. The City shall assess and approve or deny the reasonableness of the fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation. q. Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by Towing Carrier. r. Storage of vehicles in combination may be charged a per vehicle rate except for dollies and con-gear. Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees. s. Towing Carrier shall display in plain view at all cashiers’ stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate. t. Vehicles stored up to 4 hours shall not be charged a storage fee. u. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. v. The Towing Carrier shall store (outdoors) up to four evidentiary vehicles at any given time free of charge during the course of this contract. These evidence storage spots shall be located together and in one area that is out of the way from the day to day operations. Additional vehicles held as evidence by the City shall be charged no more than one half the normal daily rate unless approved by the City of San Bernardino. 16.c Packet Pg. 258 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1066 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 9 - w. Vehicles stored by the City for forfeiture shall be charged no more than three days’ storage. x. City-approved rates shall not apply if the Towing Carrier responds to a City call in a location where towing rates for all tow companies are established by another city or county ordinance. y. The approved schedule of rates charged by Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tow services were provided, or his/her agent, or any City of San Bernardino officer at the scene. z. Towing Carrier and its employees shall not refer to any rate as the minimum required or set by the City. aa. Towing Carrier shall accept all guaranteed forms of payment including, without limitation, cash, money orders, certified checks, debit cards, and all widely accepted credit cards. bb. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by Towing Carrier due to any failure by Towing Carrier, including the failure of payment processing equipment, Towing Carrier shall not charge storage fees beyond the date and time of such failure. cc. Towing Carrier shall furnish to the person authorizing the towing service, or his/her agent, an itemized statement of services performed, including labor and special equipment used in towing the vehicle and the charges made therefor upon the request of: i. The registered owner or the legal owner; ii. The insurance carrier of either the registered owner or the legal owner; or iii. The duly authorized agent of any of the foregoing. Towing Carrier shall furnish a copy of such statement to any person authorized to receive the same without demanding payment as a condition. dd. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to said section of said Code. 11.Franchise Fees. Notwithstanding any amounts charged vehicle owners by Towing Carrier or City, the Towing Carrier shall pay the City the franchise fee set forth in Resolution No. 2020-306, as it may be amended from time to time, on a per vehicle basis. a. Verification of Tows and Payment of Franchise Fees. By the 15 th of each calendar month, Towing Carrier shall submit to the Police Department a list of all vehicles towed under this Agreement during the previous calendar month, including but not limited to owner’s 16.c Packet Pg. 259 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1067 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 10 - request tows. The list shall be in a format acceptable to the Police Department and shall include the case number, vehicle license plate number, and vehicle identification number. At the same time as the list is provided, Towing Carrier shall remit franchise fee payment to City for the vehicles towed during the previous calendar month. Any amounts not paid by this date shall bear interest at the rate of 10% per annum, simple interest, compounded daily until paid. 12.Employees: a. Towing Carrier shall maintain personnel in accordance with the personnel requirements set forth in Resolution No. 2020-306 including those requirements attached hereto as Exhibit A. 13.Complaint Procedure. a. All complaints filed with the City by a vehicle owner, operator, or other patron, against Towing Carrier or personnel employed by the Towing Carrier shall be thoroughly investigated by the Towing Carrier. The City reserves the right to conduct a parallel investigation into any such complaints. b. Towing Carrier shall establish written procedures for receiving, acting upon and resolving citizen complaints without intervention by the City. Such written procedures must be made available to the City and public upon request. c. Towing Carrier shall respond within two business days to complaints made or referred by the City. 14.Records: a. Towing Carrier shall maintain records of all Tow Services furnished. The records will be maintained at Towing Carrier’s place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver’s name, and truck used. Records must be kept for one year and must be open to inspection by the City. b. Towing Carrier shall also maintain, at its primary place of business, business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City-generated tows. c. The City may inspect all City-related Towing Carrier records without notice at any time during normal business hours and during the annual reviews. d. The Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business. e. Records shall be maintained and available for inspection for a period of one year after the expiration or termination of this Agreement. 16.c Packet Pg. 260 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1068 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 11 - 15.Audit. a.Upon no less than one week’s advance written notice, City or its designee shall have the right to review and audit the books of Towing Carrier related to the City tows at Towing Carrier’s place of business and during business hours. In the event that such audit shows a 5% or greater variance in revenues owing to the City by Towing Carrier, the following amounts shall be owing by Towing Carrier to City: (i) the amount determined to be owing as a result of the audit; (ii) simple interest at the rate of 10% on the amounts owing, compounded daily from the due date; (iii) the reasonable costs of the audit based upon invoices provided by City. Payments for (i) and (ii) shall be paid within 10 calendar days of notification of the deficiencies and payment for (iii) shall be made within 10 calendar days following the date City invoices Towing Carrier for the costs. b. In the event the audit determines a 15% or greater variance in revenues owing to the City, such result may be grounds for termination under this Agreement. 16.Assignment: Any assignment of this agreement due to change in ownership requires the approval of the City Council to continue on the tow rotation. Any change of ownership must be reported to the Police Department in writing within seven (7) days of such change. Thereafter, Police Department will review the proposed new owner(s) under the standards set out in this Agreement and procedures the Police Department adopts therefor. Within 30 days of the date of notification of the change of ownership, the Police Department shall report the results of its review to the City Council, which shall approve or deny the assignment of this Agreement to the new owner in its sole and absolute discretion. In the event the City Council denies the assignment, the Agreement shall terminate as of the date of such denial and the Police Department may, at its discretion, initiate procedures to replace Towing Carrier in the towing rotation. 17.Standards for Performance: While involved in City rotation tow operations or related business, the Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: a. Rude or discourteous behavior; b. Lack of service, selective service, or refusal to provide service which the Towing Carrier should be capable of performing; c. Any act of sexual harassment or sexual impropriety; d. Unsafe driving practices; e. Exhibiting any objective symptoms of alcohol and/or drug use; f. Traffic Violations; g. Criminal activity; h. A violation of the GVWR and safe loading requirements; 16.c Packet Pg. 261 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1069 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 12 - i. Intentionally overcharging or a pattern of overcharging vehicle owners; j. Offering or providing gratuities to City officials or employees; k. Failure to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier’s custody; and l. Failure to comply with any provision of this Agreement, Resolution No. 2020-306 or any applicable law. 18.Insurance. Towing Carrier 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. a. Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Towing Carrier’s policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability i. Towing Carrier 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: a) Bodily Injury and Property Damage b) Personal Injury/Advertising Injury c) Premises/Operations Liability d) Products/Completed Operations Liability e) Aggregate Limits that Apply per Project f) Explosion, Collapse and Underground (UCX) exclusion deleted g) Contractual Liability with respect to this Agreement 16.c Packet Pg. 262 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1070 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 13 - h) Broad Form Property Damage i) 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 Towing Carrier 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. Towing Carrier 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 16.c Packet Pg. 263 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1071 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 14 - that code, and he/she will comply with such provisions before commencing work under this Agreement. ii. To the extent Towing Carrier has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, Towing Carrier 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. e. 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 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. f. Evidence Required. Prior to execution of the Agreement, Towing Carrier shall file evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein with the City. 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. 16.c Packet Pg. 264 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1072 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 15 - g. Policy Provisions Required. i. Towing Carrier shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that Towing Carrier 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, Towing Carrier 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 Towing Carrier’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. Towing Carrier shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Towing Carrier 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. 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 Towing Carrier from liability in excess of such coverage, nor shall it limit Towing Carrier’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. h. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies, as determined by the City, and 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. i. Additional Insurance Provisions 16.c Packet Pg. 265 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1073 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 16 - i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Towing Carrier, 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 Towing Carrier pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. ii. If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Towing Carrier or City will withhold amounts sufficient to pay premium from Towing Carrier payments. In the alternative, City may cancel this Agreement. iii. The City may require Towing Carrier to provide complete copies of all insurance policies in effect for the duration of the Agreement. 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. 19.Indemnification. a. To the fullest extent permitted by law, Towing Carrier 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 Towing Carrier, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Towing Carrier’s services 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 Towing Carrier’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 Towing Carrier. Towing Carrier’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. Towing Carrier shall defend, with counsel of City’s choosing and at Towing Carrier’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 16.c Packet Pg. 266 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1074 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 17 - appointed officials, employees, agents, or authorized volunteers. Towing Carrier 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. Towing Carrier 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. Towing Carrier 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. Towing Carrier’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. 20.Suspension and Termination for Cause: Failure to perform any term of this Agreement may result in a written reprimand, temporary suspension from the tow rotation, or termination of this Agreement. The City shall retain sole and absolute discretion regarding whether to suspend, whether to terminate, and the length of any suspension. Reprimands, temporary suspensions, and notices of termination may be issued by the Police Chief, effective immediately unless otherwise stated. For suspensions greater than one week and for termination, Towing Carrier may request an appeal of the determination before the City’s Hearing Officer, as used for administrative citations and administrative civil penalties. The determination of the hearing officer shall be final, subject only to the right of judicial review in accordance with Government Code section 53069.4. 21.Notice: Any notice to be given pursuant to this Agreement by either party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows: To the City:City of San Bernardino Attn: City Manager Vanir Tower, 290 North D Street San Bernardino, CA 92401 With a copy to: City of San Bernardino Attn: City Attorney Vanir Tower, 290 North D Street San Bernardino, CA 92401 To Towing Carrier:[***INSERT ADDRESS***] 22.Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Towing Carrier. 23.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 16.c Packet Pg. 267 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1075 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 18 - 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. 24.Equal Opportunity Employment.Towing Carrier 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. 25.Entire Agreement.This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 26.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. 27.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, Towing Carrier shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations except in accordance with the provisions of this Agreement. Any attempted assignment without following such provisions shall be invalid and void. 28.Non-Waiver.The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 29.Time of Essence.Time is of the essence for each and every provision of this Agreement. 30.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 16.c Packet Pg. 268 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1076 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 19 - accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 31.Amendments.Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 32.Prohibited Interests.Towing Carrier maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Towing Carrier, to solicit or secure this Agreement. Further, Towing Carrier 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 Towing Carrier, 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. 33.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. This Agreement may be executed electronically. 34.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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO _____________________________________ Robert D. Field, City Manager _____________________________________ Genoveva Rocha, CMC, City Clerk _____________________________________ City Attorney TOWING CARRIER _____________________________________ [***Insert Name, Insert Title***] 16.c Packet Pg. 269 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1077 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 20 - 16.c Packet Pg. 270 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1078 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 21 - EXHIBIT A MINIMUM TOW SERVICE REQUIREMENTS PER RESOLUTION NO. 2020-306 [INSERTED ON FOLLOWING PAGES] 16.c Packet Pg. 271 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1079 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow - 22 - EXHIBIT B RIGHTS OF PERSONS WHOSE VEHICLES ARE TOWED AT THE REQUEST OF THE CITY OF SAN BERNARDINO Towing Carriers who tow vehicles at the request of the City of San Bernardino operate under an Agreement for Tow Services with the City. The agreements require Towing Carrier to comply with certain rules and provides the following rights to the owner of a towed vehicle. The owners’ rights are summarized as follows: 1. Notice to the registered and legal owners of the vehicle within 10 days of being towed of location of vehicles and charges. 2. Normal business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except recognized state holidays. 3. Business hours to be posted for viewing by the public. 4. Towing Carriers shall respond to after-hours release within thirty minutes. 5. Towing Carriers shall accept all guaranteed forms of payment and widely accepted credit cards without a surcharge. 6. If a stored or impounded vehicle is not released once proper documentation and identification are provided and all charges paid, further storage charges shall cease as of the date of presentation and payment. 7. Itemized invoices shall be provided. 8. Right to file a complaint with the Towing Carrier and the City. 16.c Packet Pg. 272 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.d Packet Pg. 1080 Attachment: Attachment 3 - December 16, 2020 Staff Report (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 1 REQUEST FOR PROPOSALS FOR RFP F-21-16 Proposed Tow Service Agreement CITY OF SAN BERNARDINO 22.e Packet Pg. 1081 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 2 SECTION I. INSTRUCTIONS TO BIDDERS A. Pre-Bid Conference/Job Walk N/A B. Examination of Bid Documents 1. By submitting a proposal, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFP and that it is capable of quality performance to achieve the City’s objectives. 2. The City reserves the right to remove from its mailing list for future RFPs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFPs and/or unsatisfactory performance. Please note that a “No Bid” is considered a response. C. Addenda The City reserves the right to amend this RFP prior to the proposals due date. All amendments and additional information will be posted to the San Bernardino Purchasing page, www.sbcity.org > most popular> request for bids; bidders should check this web page daily for new information. D. Submitting Requests All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m. (P.S.T.) on January 14, 2021. https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 E. City Responses Responses from the City will be posted to the Planet Bids website, https://www.planetbids.com/portal/portal.cfm?CompanyID=39495 by January 21, 2021. F. Submission of Proposals Complete proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 3:00 p.m. (P.S.T.) on February 5, 2021. Please allow time for system to process your proposal. Proposals will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. 22.e Packet Pg. 1082 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 3 The City plans to present the Tow Service Agreements to City Council for adoption on March 17, 2021. The effective date for new Tow Service Agreements is expected to be April 1, 2021. Acceptance of Proposals 1. The City reserves the right to accept or reject any and all proposals, or any item or part thereof, or to waive any informalities or irregularities in proposals. 2. The City reserves the right to withdraw this RFP at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFP. 3. The City reserves the right to postpone the proposal due date for its own convenience. G. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its proposal in response to this RFP; 2. submitting the proposal to the City; 3. negotiating with City any matter related to this proposal; or 4. other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its proposal. Bidder shall not include any such expenses as part of its proposal. H. Contract Award Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to accept or reject any or all proposals received in response to this RFP, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City’s goal is to procure what is deemed the best services. The City reserves the right to apportion the award among one or more Bidders based on each service. 22.e Packet Pg. 1083 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 4 I. Towing Carrier Requirements Towing Carriers will be expected to demonstrate compliance with Resolution No. 2020-306 and all exhibits thereto, adopted on December 16, 2020 and attached hereto and incorporated herein as Attachment 1. For example, Towing Carriers shall be expected to: • demonstrate compliance with or the ability to comply with the tow rotation system terms set forth in Exhibit A to Resolution No. 2020-306; • demonstrate compliance with or the ability to comply with the tow carrier requirements set forth in Exhibit B to Resolution No. 2020-306; • agree to pay the franchise fees set forth in Exhibit C to Resolution No. 2020- 306; and • execute the proposed Tow Services Agreement set forth in Exhibit D to Resolution No. 2020-306 subject to City Council approval. If you are requesting a variance from the tow carrier requirements pursuant to Section 6 of Resolution No. 2020-306, please state so clearly in your proposal. J. Insurance Towing Carriers shall be required to demonstrate coverage at least as broad as stated in Section 18 of the proposed Tow Services Agreement attached hereto as Exhibit D. 22.e Packet Pg. 1084 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 5 SECTION II. PROPOSAL CONTENT A. PROPOSAL FORMAT AND CONTENT 1. Presentation Proposals should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Proposals shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFP addenda, if any; d. name, title, address and telephone number of contact person during period of proposal evaluation; and e. a statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal. 2. Qualifications, Related Experience and References of Bidder The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: a. names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work; b. a summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this RFP; and c. at least three (3) local references that received similar services from your firm. Reference information shall include: • client name; • project description; • project start and end dates; and 22.e Packet Pg. 1085 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 6 • client project manager name, telephone number, and e- mail address The City of San Bernardino reserves the right to contact any of the organizations or individuals listed. This section of the proposal should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: a. provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; b. describe the firm’s experience in performing work of a similar nature to that solicited in this RFP; and c. provide, as a minimum, two (2) references from current customers of a similar size as the City as related experience; reference shall furnish the name, title, email, address and telephone number of the person(s) and the client organization who is most knowledgeable about the work performed. 3. Appendices Information considered by Bidder to be pertinent to this RFP and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a proposal, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder’s response. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected. 22.e Packet Pg. 1086 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 7 C. REQUIRED FORMS Bidder shall complete and attach to the proposal the following “Subcontractor’s List” and “Rejection of Proposals & Acknowledgements” forms. 22.e Packet Pg. 1087 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 8 SUBCONTRACTOR’S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one- half of one percent of the General Contractor’s total proposal and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF WORK OR TRADE NAME OF FIRM OR CONTRACTOR LOCATION CITY Print Name Signature of Bidder Company Name: Address: 22.e Packet Pg. 1088 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 9 REJECTION OF PROPOSALS & ACKNOWLEDGEMENTS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all proposals, and reserves the right to waive informalities in a proposal or proposals not affected by law, if to do so seems to best serve the public interest. In signing this proposal, Bidder warrants that all addenda to this RFP were reviewed by Bidder, and all certifications and documents requested herein are attached and properly completed and signed. Name of Authorized Representative: Signature: Company Name: Address: Phone/Fax and Email: 22.e Packet Pg. 1089 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation ATTACHMENT RESOLUTION NO. 2020-306 22.e Packet Pg. 1090 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation RESOLUTION NO. 2020-306 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A TOW ROTATION SYSTEM, ESTABLISHING TOW CARRIER REQUIREMENTS, ESTABLISHING FRANCHISE FEES FOR TOW CARRIERS, AND AUTHORIZING THE ISSUANCE OF AN RFP FOR TOW ROTATION SERVICES WHEREAS, the City’s existing tow service contracts are set to expire on March 31, 2021; and WHEREAS, the City needs to maintain an orderly system for City-initiated towing of vehicles within the City; and WHEREAS,the City wishes to ensure the efficient and safe procurement of these towing services through a rotational system; and WHEREAS, the City wishes to clearly set forth the process for the tow rotation system to ensure potential tow carriers understand the manner in which tows will be allocated; and WHEREAS, the City wishes to set forth clear tow carrier requirements that ensure the efficient provision of tow services to the City while also protecting the public health, safety, and welfare; and WHEREAS,the City wishes to establish clear franchise fees for tow carriers in exchange for the privilege of serving on the tow rotation; and WHEREAS, the City wishes to authorize the issuance of a request for proposals to identify potential tow carriers willing and able to serve the City’s needs; and WHEREAS, the City wishes for all proposals to be evaluated by a team of City staff with a view to selecting the number and identity of tow carriers that will best serve the City’s operational needs; and WHEREAS, the City recognizes that limiting the number of towing carriers on the rotational list may be necessary as part of this process to serve to clarify responsibility, minimize administrative confusion, and allow for setting and supervising quality standards as well as minimizing the amount of time spent by the Police Department identifying a willing and able tow carrier to respond to a police request; and WHEREAS, the City further recognizes that potential tow carriers may not immediately be able to comply with all tow carrier requirements and, therefore, wishes to establish a mechanism through which otherwise-qualified tow carriers might be permitted to provisionally join the rotation list without being assigned tows pending compliance with all tow carrier requirements. 16.a Packet Pg. 225 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1091 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 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. Establishment of Tow Rotation System. The City Council hereby establishes a tow rotation system, as set forth in Exhibit A (attached hereto and incorporated herein), for the assignment of nonconsensual and consensual tows to towing carriers with franchise rights pursuant to this Resolution. SECTION 3. Establishment of Tow Carrier Requirements. The City Council hereby establishes tow carrier requirements for Tow Service Agreements beginning April 1, 2021, as set forth in Exhibit B (attached hereto and incorporated herein). SECTION 4. Establishment of Franchise Fees. The City Council hereby establishes the franchise fees set forth in Exhibit C (attached hereto and incorporated herein) for towing carriers as payment for the privilege of their position on the rotational tow list. SECTION 5. Authorization to Issue RFP. The City Council hereby authorizes City staff to issue a request for proposals for towing carriers to serve as part of the City’s rotational tow system. The request for proposals shall incorporate this Resolution, especially the tow carrier standards adopted herein, and the draft Tow Services Agreement set forth in Exhibit D (attached hereto and incorporated herein). The City Manager shall establish a team to review submitted proposals and shall present the proposed number of tow carriers to be selected and the specific tow carriers recommended for selection to the City Council prior to April 1, 2021. The recommendation on the number of carriers to be selected shall be based on the operational needs of the City, including its Police Department. The recommendation on the specific tow carriers to be selected shall be based on the best judgment of City staff after reviewing the proposals, conducting interviews if necessary, considering past experiences with tow carriers, reviewing references of non-incumbent carriers, and any other factors deemed appropriate. SECTION 6. Variance Process. In connection with the request for proposals, City staff are directed to provide for a mechanism through which a potential tow carrier may seek a variance from one or more of the Tow Carrier Requirements identified in Exhibit B. If a potential tow carrier is unable to comply with one or more of such requirements by April 1, 2021 but nevertheless intends on coming into compliance with said requirements by no later than July 1, 2021, said tow carrier may request to provisionally join the tow rotation list and enter into a Tow Service Agreement with the City for the four-year term. During the time when tow carrier is not in compliance with the requirements, tow carrier shall be placed on the list but shall not be entitled to any tows. However, as soon as tow carrier is confirmed by City staff to be in compliance with the requirements, tow carrier shall be admitted to full status on the rotation list. SECTION 7. Existing Tow Rotation Resolutions and Regulations. This Resolution shall supersede all other resolutions relating to the tow rotation system for all tow service agreements beginning April 1, 2021 including but not limited to Resolution No. 2005-286, Resolution No. 2011-80, Resolution No. 2011-91, and Resolution No. 2016-73. All existing 16.a Packet Pg. 226 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1092 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 resolutions relating to the tow rotation system shall continue to apply in full force and effect to existing tow service agreements, which are all set to expire on March 31, 2021. SECTION 8. 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 9. 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 10.Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of December 2020. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 227 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1093 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 EXHIBIT A TOW ROTATION SYSTEM The City shall maintain a rotation tow list to ensure an equitable distribution of calls. The list shall works as follows: 1. The City shall determine the number of towing carriers required based on occupational need and best judgment. The City shall select towing carriers based on experience, facilities, equipment, and the needs of the City pursuant to a competitive RFP process. Upon selection of the towing carriers, all tow carriers shall enter into a Tow Service Agreement with the City in a form approved by the City Attorney’s Office. 2.Once the towing carrier list is established, the City’s Police Chief shall determine the initial order of the list in a random manner. 3. A call to a towing carrier shall constitute one turn on the list and the towing carrier shall be moved to the bottom of the list. This includes when the towing carrier fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due excessive response time. If it is determined that the towing carrier is not needed and is canceled by the City, up to and including arrival at the scene and standby time which does not result in a tow, there shall be no charges and the towing carrier will be placed back at the top of the list. 4. If the towing carrier is cancelled by the vehicle’s registered owner or agent prior to the towing carrier taking possession of the vehicle, there shall be no charges for towing. The towing carrier shall immediately contact the City and advise them of the cancellation. The towing carrier will then be placed back at the top of the list; and, 5. If two or more towing carriers are called to the same incident, distribution of the vehicles shall be at the discretion of the City of San Bernardino employee requesting the tow service. Additional rules relating to tow service process: 1. Only the tow truck personnel and equipment requested shall respond to the City call. A towing carrier shall not respond to a City call assigned to another towing carrier unless requested to do so by the City. 2. There may be times when the towing carrier assigned the initial call may require the assistance of an additional towing carrier at the scene. The towing carrier assigned the initial call may, subject to prior Agreement with the City and with the concurrence of the on scene supervisor, request a specific towing carrier for assistance. The request shall be routed to the additional towing carrier through the City. 3. There may be times when a towing carrier, who was not called to a scene, comes upon a collision scene where a vehicle or vehicle are blocking a roadway and an officer requests 16.a Packet Pg. 228 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1094 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 assistance in clearing the roadway. In such a case, the towing carrier may be requested to move the vehicle to a safe location, as directed by the officer, and leave it. There shall be no charge for this assistance and the assistance provided shall not change the towing carrier’s place in the rotation. 4. Nothing shall prohibit the City from requesting a specific towing carrier when, in the on scene supervisor’s opinion, the necessary resources to clear a hazard as expedit iously as possible are not available from the towing carrier currently at the top of the rotation tow list. 16.a Packet Pg. 229 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1095 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 EXHIBIT B TOW SERVICE REQUIREMENTS EXPERIENCE Towing Carriers shall have a minimum of three (3) verifiable years of for hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a rotation tow listing. Towing Carriers and owners who do not meet the three year verifiable for-hire towing experience may be considered for a position on the City rotation tow list if a full-time manager who possesses the required tow management experience is employed by the Towing Carrier. An owner/Towing Carrier who releases vehicles, completes lien sale paperwork, and other tow business related documents for three years in the Towing Carrier, with the qualified manager, will fulfill the three years for-hire towing experience requirement; DUTIES OF TOW OPERATOR: 1) The Tow Operator shall maintain a storage facility with 24 hour access for acceptance of tows for storage and release. 2)Tow operator’s business operations shall be conducted at all times in an orderly, ethical and courteous manner, and tow operators shall use best efforts to secure and maintain the confidence of vehicle owners and operators. 3) The tow operator shall respond to and arrive on scene at all calls for service placed by the City of San Bernardino within thirty (30) minutes of request. Adherence to this response time must occur 24 hours a day, seven days a week, 365 days per year. 4) The tow operator shall respond with a tow truck of the class required to tow the vehicle specified by the City of San Bernardino during the call for service. 5) A tow operator shall not respond to a City of San Bernardino call assigned to another operator unless requested to do so by the City. The tow operator shall not assign calls received by them to other tow operators without prior approval of the City. 6) When an operator will be temporarily unavailable to provide services due to a preplanned/scheduled activity (e.g., unavailable personnel or equipment), the tow operator shall notify the San Bernardino Police Department Traffic Unit (or Watch Commander if the Traffic Unit is closed) at least 24 hours prior to the date that services will be unavailable. Any such unavailability may be evaluated by the City as a possible breach of the agreement with the City. 7) The tow operator, or its employee(s) responding to a City of San Bernardino call, shall perform the towing or service required for which the operator was called. This includes responses for junk vehicle tows/removals. FACILITY/BUSINESS REQUIREMENTS: 16.a Packet Pg. 230 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1096 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 1) Current City of San Bernardino Business License. 2) Current City of San Bernardino Certificate of Occupancy. 3) Current City of San Bernardino Hazardous Materials Handler’s Permit. 4) Tow operator personnel must be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year. 5) The tow operator business office must be located within the City of San Bernardino, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible day and night from the roadway. 6) The business office must post a sign listing the rates, fees, and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place and must be in plain view of the public. Copies of all towing and storage fees must be readily available to the public. 7) The business office must have one primary contact telephone number listed with the San Bernardino Police Department and other City departments. 8) The business office must be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. The normal business hours shall be posted in plain view to the public. “Normal business hours” shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for state recognized holidays (New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day). 9) The primary storage facility shall be at the same location as the business address. 10)Auxiliary storage facilities may be utilized if overflow storage is required. Auxiliary storage facilities shall be located within the City of San Bernardino or within three (3) miles of the City of San Bernardino. If the vehicle is not stored at the primary business location, there shall be no charge for any additional distance traveled to move the vehicle from the auxiliary storage location to the primary business location. 11)The tow operator must be able to store a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary storage facility. 12)Lighting must be sufficient to afford easy visibility to all areas of the lot during darkness. 16.a Packet Pg. 231 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1097 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 13)The vehicle storage area must be completely enclosed in accordance with the San Bernardino Municipal Code unless the structure is eligible for legal nonconforming status. 14)The vehicle storage area must have a perimeter monitored alarm system. 15)No vehicles shall be left parked or stored on the public streets at any time. 16)Stored vehicles shall be secured away from customer parking and the office area. 17)Tow companies must maintain an enclosed evidence storage facility or garage, with minimum indoor storage of 2,000 square feet, for vehicles that have been ordered impounded by the Police Department as evidence. The enclosed evidence storage shall be lockable, have a monitored alarm system, and be accessible to the Police Department on request. 18)The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. 19)The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California standards and regulations, including the possession of all required permits, licenses, and land use approvals of the City and any other government agency, to operate a tow service business on the lot. TOW EQUIPMENT REQUIREMENTS: 1) Tow Operator shall maintain tow vehicles capable of towing cars, trucks, motorhomes, mobile homes, and able to safely handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles including motorcycles, tractors, forklifts or any type of rolling stock. 2) Tow operators shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle with a GVWR of at least 54,000 pounds for towing semi-trucks and trailers. 3) Tow Operator shall have available a minimum of six (6) tow trucks in vehicle inventory as follows: A. Three (3) Class A Light Duty tow trucks that has a manufacturer’s GVWR of at least 14,000 pounds. B.Two (2) Class B Medium Duty tow trucks with a manufacturer’s GVWR of at least 33,000 pounds. These trucks shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. 16.a Packet Pg. 232 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1098 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 C.One (1) Class C Heavy Duty tow truck with at a manufacturer’s GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. 4) An operator shall equip and maintain all tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and all specifications consistent with industry standards and practices. 5)All tow trucks used by a tow operator or business in connection with the City’s rotational tow service program shall be inspected annually by the California Highway Patrol and be issued a commercial vehicle safety alliance (CVSA) decal prior to permitting a tow truck to participate in the city’s rotational tow service program. 6) All vehicles shall be well maintained and next to new in appearance, with the name, address, and phone number of the tow operator’s San Bernardino location permanently affixed to the vehicle. Each piece of towing equipment shall also have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 7) One or more towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. All tow trucks shall have recovery capabilities, wheel lift capabilities, and a boom. 8) All tow operators shall maintain a flat-bed trailer with the ability to tow a boat, trailered item, mobile home, motorhome, RV trailer, or tractor trailer. 9) Tow operators are expected to possess the standard tools of the trade such as: broom, trash can and sand, shovel, fire extinguisher, slim jim, dolly, and other required equipment. 10)Towing Limitations: (a)The total weight of all trucks, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings (RAWR); (b) all tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and (c) all trucks must meet all applicable state and/or federal standards. 11)Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell): (a) the structural design of the recovery equipment must have a higher load capacity than the performance ratings; (b) winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAEJ706; and (c) all ratings for cable and chain 16.a Packet Pg. 233 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1099 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 12)Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. PERSONNEL REQUIREMENTS: 1) Tow companies shall ensure that tow truck drivers responding to calls initiated by the City of San Bernardino are qualified and competent employees of the tow operator. Tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced through City rotation. Tow drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 2)All personnel must possess the proper State of California Driver’s License required to operate all vehicles and equipment. 3) Tow companies shall maintain a current list of drivers, which shall be made available for inspection by the Police Department upon demand. An updated drivers list shall be provided to the City of San Bernardino within seven calendar days of any change in driver status (e.g., the addition of any new driver(s), the deletion of any driver(s), etc.). 4) All tow truck drivers and tow operator owners shall be enrolled in the Employer Pull Notice (EPN) program. 5) The tow operator must enroll any newly-hired or newly-assigned drivers in the Employer Pull Notice (EPN) program within 30 days. 6) All current and future personnel performing services for the City shall be fingerprinted (Live Scan) and photographed by the San Bernardino Police Department. 7) All towing services performed on behalf of the City shall be at the direction of the City representative at the scene. 8) All personnel shall wear uniforms that bear the name of the individual and the towing company in a conspicuous place on the uniform. 9) Tow drivers shall wear a safety vest and/or reflectorizing clothing, as well as any other safety clothing required by and meeting Cal OSHA (Occupational Safety and Health Administration) requirements. 10)All personnel shall be fluent in the English language. 16.a Packet Pg. 234 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1100 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 11)The City of San Bernardino reserves the right to refuse personnel from performing services if, based upon the reasonable belief of the City of San Bernardino, the individual: A. Is unfit to be trusted or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; B. Is a person under the age of eighteen (18) years; C. Has committed or aided or abetted in the commission of any act, or act of omission, which would be grounds for suspension or revocation of a permit; or D. Does not possess a valid California Driver’s License. 16.a Packet Pg. 235 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1101 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 EXHIBIT C FRANCHISE FEES Towing carriers shall pay the following franchise fees per vehicle towed under the Towing Service Agreements during the initial term of the Agreement and shall not be passed through to vehicle owners in any manner: Year 1 (April 1, 2021 through June 30, 2022) $94.33/vehicle Year 2 (July 1, 2022 through June 30, 2023) $97.16/vehicle Year 3 (July 1, 2023 through June 30, 2024) $100.07/vehicle Year 4 (July 1, 2024 through March 31, 2025) $103.07/vehicle Such franchise fees may be reevaluated and adjusted by the City after the initial 4-year term. In the event new franchise fees are not adopted on or prior to March 31, 2025, the franchise fee shall increase at a rate of 3% each year on July 1, beginning July 1, 2025. Exception Vehicles that have no value, such as junk motorhomes, are exempt from the franchise fee. All “no value” vehicles must be specifically approved by the City and designated on the tow operator’s monthly report, which may be audited by the City. Validation of “no value” will require the submission of a junk slip, fee documentation for dismantling and disposal, and photographic evidence. Vehicles that may be recycled will not be included in this exemption. 16.a Packet Pg. 236 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1102 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 EXHIBIT D AGREEMENT FOR TOW SERVICE [ATTACHED TO REPORT UNDER SEPARATE COVER] 16.a Packet Pg. 237 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1103 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Resolution No. 2020-306 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 special meeting held on the 16th day of December 2020 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2020. Genoveva Rocha, CMC, City Clerk 16.a Packet Pg. 238 Attachment: Attachment 1 - Resolution 2020-306 [Revision 1] (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees;22.e Packet Pg. 1104 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 1 - DRAFT TOW SERVICE AGREEMENT This TOW SERVICE AGREEMENT (“Agreement”) is entered into this ____ day of ______________, 2021, by and between the CITY OF SAN BERNARDINO (“City”) and [***INSERT LEGAL NAME OF TOWING CARRIER***] (“Towing Carrier”) effective April 1, 2021 (the “Effective Date”).City and Towing Carrier may hereafter be referred to individually as a “Party” or collectively as “Parties.” RECITALS A. The Vehicle Code authorizes City regulation of nonconsensual and consensual towing and storage with appropriate compensation therefore, which compensation covers the reasonable cost (including direct and indirect overhead) as well as franchise fees; and B. City has adopted Resolution No. 2020-306, authorizing the City to retain towing carriers for the performance of involuntary tow services and related storage and establishing standards relating thereto; and C. Following a procurement process, consistent with Resolution No. 2020-306, the City Council has authorized the City Manager to execute agreements for towing services with certain towing carriers, including the Towing Carrier; and D. This Agreement supersedes in their entirety any and all prior agreements between the City and Towing Carrier; and E City finds and Towing Carriers agree that the compensation and other provisions of this Agreement meet the requirements of all applicable laws. NOW, THEREFORE, the parties hereto agree as follows: 1.Recitals.The Recitals set out above are true and correct. 2.Provision of Tow Services by Towing Carrier. a.Term; Extension at City’s Option: This Agreement shall commence on the Effective Date for a term of four (4) years unless sooner terminated in accordance with the terms of this Agreement. This Agreement may be extended one time at City’s sole discretion upon a determination by City that Towing Carrier is in compliance with all terms and conditions hereof. Such an extension shall be for an additional four (4) years. There is no promise and should be no expectation of such extension. Failure to grant such extension shall result in termination of this Agreement, which termination is not subject to appeal under this Agreement or under the City’s Municipal Code. b. This Agreement confers a privilege and not a right. c. Towing Carrier hereby agrees to provide Tow Services to the City pursuant to terms and conditions contained in this Agreement. “Tow Services” means the 16.c Packet Pg. 251 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1105 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 2 - following types of nonconsensual and consensual towing initiated by the City, including but not limited to code enforcement tows: (i) towing of involuntarily impounded vehicles (where such impound is authorized under the Vehicle Code) to the Towing Carrier’s storage yard and storage there; and (ii) towing and storage of non-impounded vehicles when directed to do so by City personnel or by the owner (owner’s request tows).Whenever a vehicle has been involved in a collision or a traffic violation, and the owner or someone delegated by the owner is present and is capable of removing the vehicle from the street with reasonable dispatch, and the vehicle is not needed for criminal evidence nor is being impounded in connection with a traffic violation, City shall permit the owner or his delegate to remove the vehicle or call a towing carrier of his or her own choice to remove the same; provided, however, that if the street cannot be cleared for safe public use with reasonable dispatch by the above method, then owner shall not have such right. d. This Agreement supersedes any and all prior agreements between the Parties as to the subject matter hereof. 3.General Requirements of Towing Carriers. a. Towing Carrier shall comply with all rules, regulations and laws of the State of California, the County of San Bernardino and the City of San Bernardino, including but not limited to those applicable to towing carriers and to storage facilities. Towing Carrier shall also comply with all provisions of Resolution No. 2020-306, including all exhibits thereto. as said Resolution exists and as said Resolution may be amended from time to time. For ease of reference, the Minimum Tow Service Requirements adopted by Resolution No. 2020-306 is attached hereto as Exhibit A and incorporated herein by this reference. b. Towing Carrier shall not be directly involved in the towing related business of any other towing carrier or applicant to provide Tow Services on the City’s tow rotation. c. In addition to the requirements set forth in Resolution No. 2020-306, Towing Carrier shall comply with the following: i. Towing Carrier shall respond to calls 24 hours a day, seven days a week, 365/366 days a year. ii. Towing Carrier response time shall be no more than thirty (30) minutes. If the Towing Carrier does not respond within the thirty (30) minute required timeframe, the City of San Bernardino reserves the right to cancel the request at no cost to the City and to contact an alternate tow operator to provide the required service. iii. Towing Carrier shall respond to all calls with a tow truck of the class required to tow the vehicle specified by the City. The Towing Carrier shall advise City dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time (which may be cause for action under this Agreement). If, after accepting the call, the Towing Carrier is unable to respond or will be delayed in responding, the Towing 16.c Packet Pg. 252 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1106 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 3 - Carrier shall immediately notify the appropriate City department. The Towing Carrier shall not assign any calls to other Towing Carriers. iv. When a Towing Carrier will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the Towing Carrier shall notify the City at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability v. Towing Carrier shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the City. vi. Towing Carrier shall move vehicles prior to towing to help clear a roadway or for lifesaving operations if directed by City staff. Towing Carrier shall provide all reasonable assistance as directed. There shall be no additional charge for this assistance, and the assistance provided shall not change Towing Carrier’s place in the rotation. vii. Towing Carrier shall provide for deployment of trucks for special events such as DUI check points, street fairs, parades, and other events as periodically requested by City. Such events will be coordinated with the Towing Carrier at least 24 hours in advance. viii. Towing Carrier shall post in its office the list of rights of the owner of the vehicle under this Agreement for Tow Services as set forth in Exhibit B, attached hereto and incorporated herein by this reference. 4.Meetings and Inspections. a. The City may, at its sole and absolute discretion, conduct meetings with all Towing Carriers to discuss issues concerning the tow rotation. All meetings shall be mandatory for the Towing Carrier or Towing Carrier’s designee wishing to remain on rotation. The City shall provide the Towing Carrier with written notice of such meting no later than two (2) working days prior to the meeting. The City may call additional required and noticed meetings with one or more Towing Carriers to address issues arising under this Agreement. b. Towing Carrier understands and agrees that the City or its designees may, at its sole and absolute discretion, conduct one (1) annual inspection of Towing Carrier’s operations, including Towing Carrier’s business office and storage facilities, to review compliance with the regulatory and other requirements of this Agreement. City may utilize a third party vendor to perform this service. City may also, at its discretion, rely on the inspections of third party governmental agencies (e.g., California Highway Patrol) for this purpose. 16.c Packet Pg. 253 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1107 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 4 - c. The City may conduct one (1) annual inspection of the Towing Carrier’s tow trucks and other equipment used in connection with providing tow services to the City. The City may also conduct additional inspections of the Towing Carrier’s trucks and other equipment used in connection with providing tow services to the City as may be reasonably necessary during normal business hours without prior notice to the Towing Carrier. City may utilize a third party vendor to perform this service. City may also, at its discretion, rely on the inspections of third party governmental agencies (e.g., California Highway Patrol) for this purpose. d. The Police Department may conduct additional inspections of the Towing Carrier’s business office and storage facilities during normal business hours upon twenty-four hours’prior notice to the Towing Carrier. e. The Police Department also reserves the right to conduct reviews of Towing Carrier’s operations at any time when health, safety or welfare concerns require such immediate review. 5.Storage of Vehicles. a. Pursuant to the requirements hereof, Towing Carrier shall transport vehicles to the Towing Carrier’s facility for storage and shall meet all storage requirements set forth in Resolution No. 2020-306 including those attached hereto as Exhibit A. b. In no event shall the City be held liable by Towing Carrier for any theft, vandalism, or damage occurring to any stored vehicle or its contents. c. Towing Carrier shall physically mark (e.g., through use of a tag) all vehicles at Towing Carrier facilities under this Agreement identifying them as City tows and including the City’s case number. d. Towing Carrier shall maintain itemized billing of towing and storage charges on each stored vehicle for no less than one year. In no event shall the City be liable for any such charges. e. Towing Carrier shall confirm that any CHP Form 180 prepared by the Police Department is accurate after Police Department inventories the contents. Towing Carrier shall digitally photograph in a manner which shows the date and time on the photograph the inside and outside to document condition of vehicle and its contents prior to taking possession of any vehicle and again immediately before release. Towing Carrier shall retain such photograph in a secure location for at least one year following release. f. Towing Carrier is responsible for the reasonable care, custody, and control of any property contained in towed or stored vehicles. g. Prior to the utilization of new storage facilities that were not listed on the application for rotation tow listing, the Towing Carrier shall furnish the address and obtain the City’s approval. 16.c Packet Pg. 254 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1108 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 5 - h. All storage facilities shall meet all legal requirements for such facility, including possession of all permits, licenses, and land use approvals. i. Towing Carrier shall not perform any work or services upon any stored or impounded vehicle without first obtaining the owner’s written consent for such work or services. Towing Carrier may, however, conduct emergency alterations physically necessary to allow for towing of a vehicle. In no case may work or alterations be performed on a vehicle held, stored, or impounded as evidence without the prior authorization of the City. j. To the extent applicable for stored vehicles, Towing Carrier shall give or cause to be given written notice to the registered and legal owners of each vehicle which is towed in conformity with the authorization and requirements of this Agreement concerning the fact of such towing, the place at which such vehicle is stored and the imposition of charges for towing, storage and related services whenever the Towing Carrier knows or is able to ascertain from the registration records in the vehicle or from the registration records of the Department of Motor Vehicles the name and address of the registered and legal owners. The notice shall be given no later than ten (10) days following the date of the towing of the vehicle by the Towing Carrier. The Police Department shall be responsible for such notice for impounded vehicles. 6.Towing Equipment: The Towing Carrier shall meet all tow equipment requirements set forth in Resolution No. 2020-306 including those attached hereto as Exhibit A. 7.Per Call Rotation System a. Tows shall be allocated in accordance with the rotation system set forth in Resolution No. 2020-306, as it may be amended from time to time. 8.Release of Vehicles. a. Towing Carrier shall release impounded vehicles only upon presentation of an official Police Department Release. b. Towing Carrier shall ensure that vehicles are available for release from impound and storage 24 hours a day, 7 days a week, 365 days a year. c. Towing Carrier must clearly mark its storage facility with a telephone number to call if release is requested after normal business hours. d. Towing Carrier shall identify vehicles by year, make, model, color, license and vehicle identification number, and shall comply with Section 10652 of the Vehicle Code. e. A stored vehicle shall be released to the registered owner upon presentation of the registration and valid proof of identification (as provided in Vehicle Code Section 22860.3) and payment of all towing and storage charges. If the Towing Carrier does not release the vehicle as required by this subsection upon presentation of registration and valid proof of identification and payment of all charges, storage charges shall cease on the date of presentation of the documentation and payment of the accrued charges. 16.c Packet Pg. 255 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1109 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 6 - 9.Release of Personal Property From Impounded Vehicles. a. The Towing Carrier shall obtain approval from the City of San Bernardino Police Department prior to the removal of any property from a stored or impounded vehicle and, if approved, shall provide a receipt, with a copy placed in the stored vehicle. b. Upon approval by the City of San Bernardino Police Department, the Towing Carrier shall release personal property from an impounded or stored vehicle at the request of the vehicle owner or his/her agent. c. The vehicle and/or personal property shall be released at the primary place of business upon request of the owner or a person having a legal entitlement to the vehicle and/or property. d. Property shall not be released to anyone except the registered owner, with proper identification. Property released to any other person shall first be approved by the San Bernardino Police Department. e. There shall be no charge for the release of personal property during normal business hours. f. Towing Carrier may charge an after-hours release fee for property released after normal business hours. The fees charged shall be consistent with the after-hours vehicle release provisions. g. Cargo shall be released upon demand of the carrier or pursuant to a court order. 10.Rates, Fees, and Charges. a. The City will not be held liable for any tow fees, storage, lien sales or disposal fees, or any other costs, for any vehicle that is stored or impounded by any authorized employee of the City. b. Fees charged for response to calls and work performed originating from a request by the City shall be reasonable and not in excess of those rates charged for similar services provided in response to requests initiated by any other public agency or private person. c. The reasonableness of the fees charged will be determined in the following manner: i. The Towing Carrier shall submit its retail hourly rate to the City. ii. The City shall determine the validity and reasonableness of the submitted rates. iii. Validity will be based upon telephone quotes, posted rates, area CHP rates, and charges to retail customers. 16.c Packet Pg. 256 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1110 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 7 - iv. Any submitted rate in excess or determined to be unreasonable will be considered invalid and will not be accepted. d. The Towing Carrier shall be allowed to resubmit its rates only once if a rate is determined to be excessive. If the resubmitted rate is deemed excessive, the Towing Carrier shall not be permitted to propose any further rate increases during the term. e. The Towing Carrier may lower retail rates at any time by notifying the City. When the Towing Carrier lowers its retail rate, if the retail rate is lower than the approved City rate, the new retail rate becomes the new approved City rate. f. The Towing Carrier may raise rates for City calls only upon prior approval by the City. g. The Towing Carrier may raise rates for non-City calls at any time. h. The rate for towing shall be computed from portal to portal. Time expended shall be charged a rate not to exceed the hourly rate. Time expended in excess of the minimums shall also be at the hourly rate in no more than 15 minute increments. i. Towing Carrier may charge up to a one-hour minimum per call on any vehicle stored/impounded at the request of the City. j. Towing Carrier may only charge a minimum of one half of the established hourly rate for the towing or service calls for the City vehicles or vehicles towed as evidence. k. There shall be no additional charges for mileage and labor. l. Rate requirements represent the maximum Towing Carrier may charge on a City call. Towing Carrier is not precluded from charging less when deemed appropriate by the Towing Carrier. These requirements shall not be construed as requiring a charge if Towing Carrier would not normally charge for such service. m. If service, other than towing and recovery, has begun and is canceled by the vehicle’s owner or agent, Towing Carrier may charge a minimum of one-half of the regular hourly service charge for the time expended on the call. For purposes of cancellation, service begins when physical work on the vehicle has begun, not at the time of response. n. Regardless of the class of tow truck used or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations required a larger class of tow truck. o. Towing Carrier shall submit its proposed fees for special operations, such as vehicle recovery operations and load salvage operations, to City of San Bernardino for review and approval. 16.c Packet Pg. 257 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1111 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 8 - i. Fees shall be reasonable and consistent with industry standards for similar operations. Charges in excess of thirty minutes may be charged in no more than 15 minute increments. ii. Hourly rates shall be established for auxiliary and contracted equipment (e.g., airbags, converter gear/dolly, and additional trailers, forklifts, scoop-loaders, etc.) iii. City shall determine the reasonableness of the fees for contract labor and equipment for special operations, based upon the average of the proposed fees submitted and a comparison to industry standards for similar operations. iv. Towing Carrier shall submit a markup rate (percentage of the cost to the Towing Carrier) for retail equipment and specialized labor not otherwise listed on the application. v. If Towing Carrier performs a service for which a required rate was not submitted to, and approved by, the City, the Towing Carrier shall only be entitled to charge for the actual cost of that service. p. Towing Carrier shall submit its proposed storage fees, for inside and outside storage, to the City. The City shall assess and approve or deny the reasonableness of the fees for inside and outside storage, based upon the average of the proposed fees submitted by those applying for rotation. q. Fees for inside storage shall be charged only when inside storage is requested by the City, registered owner, legal owner, insurance company, or when the inside storage can otherwise be justified by Towing Carrier. r. Storage of vehicles in combination may be charged a per vehicle rate except for dollies and con-gear. Dollies and con-gear may be charged a storage rate not to exceed Class A storage fees. s. Towing Carrier shall display in plain view at all cashiers’ stations, a sign as described in Section 3070 of the Civil Code, disclosing all storage fees and charges in force, including the maximum storage rate. t. Vehicles stored up to 4 hours shall not be charged a storage fee. u. Vehicles stored 24 hours or less shall be charged no more than one day storage. Each day thereafter shall be calculated by calendar day. v. The Towing Carrier shall store (outdoors) up to four evidentiary vehicles at any given time free of charge during the course of this contract. These evidence storage spots shall be located together and in one area that is out of the way from the day to day operations. Additional vehicles held as evidence by the City shall be charged no more than one half the normal daily rate unless approved by the City of San Bernardino. 16.c Packet Pg. 258 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1112 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 9 - w. Vehicles stored by the City for forfeiture shall be charged no more than three days’ storage. x. City-approved rates shall not apply if the Towing Carrier responds to a City call in a location where towing rates for all tow companies are established by another city or county ordinance. y. The approved schedule of rates charged by Towing Carrier shall be available in the tow truck, and shall be presented upon demand to the person(s) for whom the tow services were provided, or his/her agent, or any City of San Bernardino officer at the scene. z. Towing Carrier and its employees shall not refer to any rate as the minimum required or set by the City. aa. Towing Carrier shall accept all guaranteed forms of payment including, without limitation, cash, money orders, certified checks, debit cards, and all widely accepted credit cards. bb. There shall be no surcharge for the use of a credit card. If the form of payment cannot be accepted by Towing Carrier due to any failure by Towing Carrier, including the failure of payment processing equipment, Towing Carrier shall not charge storage fees beyond the date and time of such failure. cc. Towing Carrier shall furnish to the person authorizing the towing service, or his/her agent, an itemized statement of services performed, including labor and special equipment used in towing the vehicle and the charges made therefor upon the request of: i. The registered owner or the legal owner; ii. The insurance carrier of either the registered owner or the legal owner; or iii. The duly authorized agent of any of the foregoing. Towing Carrier shall furnish a copy of such statement to any person authorized to receive the same without demanding payment as a condition. dd. In the event that a towed vehicle is forfeited by the owner in accordance with Section 14607.6 of the California Vehicle Code, the proceeds of the sale of the vehicle shall be distributed pursuant to said section of said Code. 11.Franchise Fees. Notwithstanding any amounts charged vehicle owners by Towing Carrier or City, the Towing Carrier shall pay the City the franchise fee set forth in Resolution No. 2020-306, as it may be amended from time to time, on a per vehicle basis. a. Verification of Tows and Payment of Franchise Fees. By the 15 th of each calendar month, Towing Carrier shall submit to the Police Department a list of all vehicles towed under this Agreement during the previous calendar month, including but not limited to owner ’s 16.c Packet Pg. 259 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1113 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 10 - request tows. The list shall be in a format acceptable to the Police Department and shall include the case number, vehicle license plate number, and vehicle identification number. At the same time as the list is provided, Towing Carrier shall remit franchise fee payment to City for the vehicles towed during the previous calendar month. Any amounts not paid by this date shall bear interest at the rate of 10% per annum, simple interest, compounded daily until paid. 12.Employees: a. Towing Carrier shall maintain personnel in accordance with the personnel requirements set forth in Resolution No. 2020-306 including those requirements attached hereto as Exhibit A. 13.Complaint Procedure. a. All complaints filed with the City by a vehicle owner, operator, or other patron, against Towing Carrier or personnel employed by the Towing Carrier shall be thoroughly investigated by the Towing Carrier. The City reserves the right to conduct a parallel investigation into any such complaints. b. Towing Carrier shall establish written procedures for receiving, acting upon and resolving citizen complaints without intervention by the City. Such written procedures must be made available to the City and public upon request. c. Towing Carrier shall respond within two business days to complaints made or referred by the City. 14.Records: a. Towing Carrier shall maintain records of all Tow Services furnished. The records will be maintained at Towing Carrier’s place of business. Invoices shall at a minimum include a description of each vehicle, nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver’s name, and truck used. Records must be kept for one year and must be open to inspection by the City. b. Towing Carrier shall also maintain, at its primary place of business, business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, Federal Communication Commission licensing, and non-City-generated tows. c. The City may inspect all City-related Towing Carrier records without notice at any time during normal business hours and during the annual reviews. d. The Towing Carrier shall permit the City to make copies of business records at its place of business, or to remove business records for the purpose of reproduction. The City shall provide a receipt for any (original) records removed from the place of business. e. Records shall be maintained and available for inspection for a period of one year after the expiration or termination of this Agreement. 16.c Packet Pg. 260 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1114 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 11 - 15.Audit. a.Upon no less than one week’s advance written notice, City or its designee shall have the right to review and audit the books of Towing Carrier related to the City tows at Towing Carrier’s place of business and during business hours. In the event that such audit shows a 5% or greater variance in revenues owing to the City by Towing Carrier, the following amounts shall be owing by Towing Carrier to City: (i) the amount determined to be owing as a result of the audit; (ii) simple interest at the rate of 10% on the amounts owing, compounded daily from the due date; (iii) the reasonable costs of the audit based upon invoices provided by City. Payments for (i) and (ii) shall be paid within 10 calendar days of notification of the deficiencies and payment for (iii) shall be made within 10 calendar days following the date City invoices Towing Carrier for the costs. b. In the event the audit determines a 15% or greater variance in revenues owing to the City, such result may be grounds for termination under this Agreement. 16.Assignment: Any assignment of this agreement due to change in ownership requires the approval of the City Council to continue on the tow rotation. Any change of ownership must be reported to the Police Department in writing within seven (7) days of such change. Thereafter, Police Department will review the proposed new owner(s) under the standards set out in this Agreement and procedures the Police Department adopts therefor. Within 30 days of the date of notification of the change of ownership, the Police Department shall report the results of its review to the City Council, which shall approve or deny the assignment of this Agreement to the new owner in its sole and absolute discretion. In the event the City Council denies the assignment, the Agreement shall terminate as of the date of such denial and the Police Department may, at its discretion, initiate procedures to replace Towing Carrier in the towing rotation. 17.Standards for Performance: While involved in City rotation tow operations or related business, the Towing Carrier and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: a. Rude or discourteous behavior; b. Lack of service, selective service, or refusal to provide service which the Towing Carrier should be capable of performing; c. Any act of sexual harassment or sexual impropriety; d. Unsafe driving practices; e. Exhibiting any objective symptoms of alcohol and/or drug use; f. Traffic Violations; g. Criminal activity; h. A violation of the GVWR and safe loading requirements; 16.c Packet Pg. 261 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1115 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 12 - i. Intentionally overcharging or a pattern of overcharging vehicle owners; j. Offering or providing gratuities to City officials or employees; k. Failure to satisfy a court order mandating reimbursement to the vehicle owner or property owner for the damage or loss which occurred while the vehicle was in the Towing Carrier’s custody; and l. Failure to comply with any provision of this Agreement, Resolution No. 2020-306 or any applicable law. 18.Insurance. Towing Carrier 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. a. Additional Insured. The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Towing Carrier’s policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability i. Towing Carrier 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: a) Bodily Injury and Property Damage b) Personal Injury/Advertising Injury c) Premises/Operations Liability d) Products/Completed Operations Liability e) Aggregate Limits that Apply per Project f) Explosion, Collapse and Underground (UCX) exclusion deleted g) Contractual Liability with respect to this Agreement 16.c Packet Pg. 262 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1116 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 13 - h) Broad Form Property Damage i) 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 Towing Carrier 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. Towing Carrier 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 16.c Packet Pg. 263 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1117 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 14 - that code, and he/she will comply with such provisions before commencing work under this Agreement. ii. To the extent Towing Carrier has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, Towing Carrier 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. e. 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 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. f. Evidence Required. Prior to execution of the Agreement, Towing Carrier shall file evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein with the City. 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. 16.c Packet Pg. 264 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1118 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 15 - g. Policy Provisions Required. i. Towing Carrier shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that Towing Carrier 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, Towing Carrier 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 Towing Carrier’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. Towing Carrier shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Towing Carrier 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. 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 Towing Carrier from liability in excess of such coverage, nor shall it limit Towing Carrier’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. h. Qualifying Insurers. All policies required shall be issued by acceptable insurance companies, as determined by the City, and 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. i. Additional Insurance Provisions 16.c Packet Pg. 265 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1119 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 16 - i. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Towing Carrier, 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 Towing Carrier pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. ii. If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Towing Carrier or City will withhold amounts sufficient to pay premium from Towing Carrier payments. In the alternative, City may cancel this Agreement. iii. The City may require Towing Carrier to provide complete copies of all insurance policies in effect for the duration of the Agreement. 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. 19.Indemnification. a. To the fullest extent permitted by law, Towing Carrier 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 Towing Carrier, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Towing Carrier’s services 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 Towing Carrier’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 Towing Carrier. Towing Carrier’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. Towing Carrier shall defend, with counsel of City’s choosing and at Towing Carrier’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 16.c Packet Pg. 266 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1120 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 17 - appointed officials, employees, agents, or authorized volunteers. Towing Carrier 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. Towing Carrier 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. Towing Carrier 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. Towing Carrier’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. 20.Suspension and Termination for Cause: Failure to perform any term of this Agreement may result in a written reprimand, temporary suspension from the tow rotation, or termination of this Agreement. The City shall retain sole and absolute discretion regarding whether to suspend, whether to terminate, and the length of any suspension. Reprimands, temporary suspensions, and notices of termination may be issued by the Police Chief, effective immediately unless otherwise stated. For suspensions greater than one week and for termination, Towing Carrier may request an appeal of the determination before the City’s Hearing Officer, as used for administrative citations and administrative civil penalties. The determination of the hearing officer shall be final, subject only to the right of judicial review in accordance with Government Code section 53069.4. 21.Notice: Any notice to be given pursuant to this Agreement by either party to the other shall be given by personal service or shall be deemed given when deposited with the United States Postal Service, first class, postage prepaid, and addressed as follows: To the City:City of San Bernardino Attn: City Manager Vanir Tower, 290 North D Street San Bernardino, CA 92401 With a copy to: City of San Bernardino Attn: City Attorney Vanir Tower, 290 North D Street San Bernardino, CA 92401 To Towing Carrier:[***INSERT ADDRESS***] 22.Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Towing Carrier. 23.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 16.c Packet Pg. 267 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1121 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 18 - 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. 24.Equal Opportunity Employment.Towing Carrier 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. 25.Entire Agreement.This Agreement, including any exhibits hereto and any incorporated documents, represents the entire understanding of the Parties as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 26.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. 27.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, Towing Carrier shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations except in accordance with the provisions of this Agreement. Any attempted assignment without following such provisions shall be invalid and void. 28.Non-Waiver.The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 29.Time of Essence.Time is of the essence for each and every provision of this Agreement. 30.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 16.c Packet Pg. 268 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1122 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 19 - accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 31.Amendments.Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 32.Prohibited Interests.Towing Carrier maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Towing Carrier, to solicit or secure this Agreement. Further, Towing Carrier 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 Towing Carrier, 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. 33.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. This Agreement may be executed electronically. 34.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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CITY OF SAN BERNARDINO _____________________________________ Robert D. Field, City Manager _____________________________________ Genoveva Rocha, CMC, City Clerk _____________________________________ City Attorney TOWING CARRIER _____________________________________ [***Insert Name, Insert Title***] 16.c Packet Pg. 269 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1123 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 20 - 16.c Packet Pg. 270 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1124 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 21 - EXHIBIT A MINIMUM TOW SERVICE REQUIREMENTS PER RESOLUTION NO. 2020-306 [INSERTED ON FOLLOWING PAGES] 16.c Packet Pg. 271 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1125 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation - 22 - EXHIBIT B RIGHTS OF PERSONS WHOSE VEHICLES ARE TOWED AT THE REQUEST OF THE CITY OF SAN BERNARDINO Towing Carriers who tow vehicles at the request of the City of San Bernardino operate under an Agreement for Tow Services with the City. The agreements require Towing Carrier to comply with certain rules and provides the following rights to the owner of a towed vehicle. The owners’ rights are summarized as follows: 1. Notice to the registered and legal owners of the vehicle within 10 days of being towed of location of vehicles and charges. 2. Normal business hours are 8:00 a.m. to 5:00 p.m. Monday through Friday except recognized state holidays. 3. Business hours to be posted for viewing by the public. 4. Towing Carriers shall respond to after-hours release within thirty minutes. 5. Towing Carriers shall accept all guaranteed forms of payment and widely accepted credit cards without a surcharge. 6. If a stored or impounded vehicle is not released once proper documentation and identification are provided and all charges paid, further storage charges shall cease as of the date of presentation and payment. 7. Itemized invoices shall be provided. 8. Right to file a complaint with the Towing Carrier and the City. 16.c Packet Pg. 272 Attachment: Attachment 3 - Draft TSA (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise Fees; Authorization for RFP)22.e Packet Pg. 1126 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation RFP F-21-16 PROPOSED TOW SERVICE AGREEMENT ADDENDUM NO. 1 CITY OF SAN BERNARDINO 22.e Packet Pg. 1127 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation ADDENDUM NO. 1 This addendum is issued pursuant to Section I, Subsection C of RFP F-21-16, which expressly reserves to the City the right to amend the RFP prior to the proposal due date. In light of a number of questions relating to paving of facilities, it is necessary to provide the following clarification: Requirement: The towing carrier must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. In addition, each towing carrier must be able to demonstrate that they have a minimum of 31,500 square feet of paved (i.e., impermeable) surface. Rationale: The City is committed to ensuring the health, safety, and general welfare of the residents of the City of San Bernardino. The City wishes to protect and enhance the water quality of local, state, and federal watercourses, water bodies, ground water, and wetlands. To achieve this goal, the City intends to take action to reduce the discharge of pollutants in a ll storm water discharges to the maximum extent practicable. Tow yards have significant potential to be a source of concern to storm water and ground water. The storage of large numbers of vehicles in tow yards, which may have recently been involved in a collision, presents leak risks of a range of substances including motor oil, grease, engine fluid, petroleum products, antifreeze, brake fluid, battery acid, and others. These substances may be or may contain pollutants, hazardous waste materials, or other constituents of concern. In light of this risk, all projects for new and redeveloped lots are already required to comply with California Regional Water Quality Control Board, Santa Ana Region, Order No. R8 -2010- 0036/NPDES No. CAS618036, entitled “National Pollutant Discharge Elimination System (NPDES) Permit and Waste 22.e Packet Pg. 1128 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporate Cities of San Bernardino County within the Santa Ana Region, Area-Wide Urban Storm Water Runoff Management Program.” Compliance with this Order requires the development of a Water Quality Management Plan. In addition, all tow yards are subject to inspection by the City’s NPDES Division due to their potential to discharge pollutants. In the event there is evidence of past or present unauthorized non-storm water discharges, the City is required to take appropriate enforcement action to bring the site into compliance. The City takes this risk seriously. Accordingly, for those who wish to voluntarily contract with the City for towing services, the City is requiring all (not just new or redeveloped) required lots to be paved to implement best management practices to ensure the protection of groundwater from contaminants. While all other agencies may not take such a strong stance in the protection of the health, safety, and welfare of their residents, this requirement is certainly not unique to the City. By way of example, in 2015, the City of Glendale issued an RFP for towing services requiring that primary and secondary storage lots be “[e]ntirely surfaced with either concrete or asphaltic material” and “free of holes and decomposed or broken areas.” Similarly, the City of Costa Mesa’s RFP for towing services issued in 2017 required a “hard floor of either concrete or asphalt.” The City endeavors to process requests to pave lots in t he most expeditious manner possible and will work with applicants to determine best management practices to reduce pollutants in storm water runoff and reduce non-storm water discharges. 22.e Packet Pg. 1129 Attachment: Attachment 4 - RFP F-21-16 With Addendum 1 (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation 1 RFP F-21-16 Proposed Tow Service Agreement Questions & Responses Category & Question Response General 1. [Wilson Towing Question 9] The Attachment on Planet Bids omits Packet pages 239 through 250. Are there requirements on those pages that need to be complied with for the RFP that are not otherwise listed on the packet pages that are included on Planet Bids? We just want to make sure we don’t miss a requirement that we need to comply with. 2. [Armada Towing Question 8] The Attachment on Planet Bids omits Packet pages 239 thorough 250. Are there requirements on those pages that need to be complied with for the RFP that are not otherwise listed on the packet pages that are included on Planet Bids? General 1. Yes. One requirement not clearly stated in all Request for Proposal documents relates to the paving of tow yards. Tow yards are required to be paved. See Addendum No. 1 to the RFP, which clarifies this requirement. Pages 239-250 of the December 16, 2020 City of San Bernardino Council Agenda packet consisted of explanations for each tow service requirement and were provided to the Mayor and City Council as background information in support of the Staff Report and proposed Resolution No. 2020-306. Those pages were published with the Council Agenda for public access. Nevertheless, for ease of reference, they are included here as an attachment and may also be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e 2. Yes. One requirement not clearly stated in all Request for Proposal documents relates to the paving of tow yards. Tow yards are required to be paved. See Addendum No. 1 to the RFP, which clarifies this requirement. Pages 239-250 of the December 16, 2020 City of San Bernardino Council Agenda packet consisted of explanations for each tow service requirement and were provided to the Mayor and City Council as background information in support of the Staff Report and proposed Resolution No. 2020-306. Those pages were published with the Council Agenda for public 22.f Packet Pg. 1130 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 2 Category & Question Response 3. [Hayes Towing Question 4] Extension for requirements. If a tow Company has met all requirements, except for 1 piece of equipment, can the city allow the company to be on active rotation with the understanding they have a certain date to meet the last requirement. 4. [Edwins Towing Question 4] The proposal requires companies to be within city limits of San Bernandino. Will the City allow capable tow companies to join the rotation program outside the City lines? For example, if a tow company is on the other side of the street that happens to be Rialto, San Bernandino County or Highland jurisdiction but are within 1 mile or less of City limits, will that be accepted as “Within City Limits”? 5. [Edwins Towing Question 7] Due to Covid and all the social distance requirements ordered by State and City mandates, will the City consider a tow meeting via ZOOM with all bidders to discuss and address all potential questions? CHP holds yearly tow meetings where all vendors and future bidders, including CHP officials and commercial officers, get to meet, and answer questions for better clarification. It is indicated by tow vendors that this helps clarify issues, tow operators get to meet officers and discuss what is expected from both sides. The tow industry is a community of small business owners, many owned and access. Nevertheless, for ease of reference, they are included here as an attachment and may also be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e 3. The strongest proposals submitted to the City will meet all requirements as stated in the Request for Proposals and accompanying attachment (Resolution No. 2020-306). However, any bidder unable to meet the equipment requirements is nevertheless encouraged to submit a proposal. In the proposal, the bidder should clearly identify which equipment requirement(s) it cannot meet, include reasons for the inability to meet the requirement(s), and propose a remedy or alternative for the lack of required equipment. 4. No. The tow carrier’s business office and primary storage facility must be located within the City of San Bernardino as stated in the Request for Proposals. Please see pages 239- 250 of the December 16, 2020 City of San Bernardino Council Agenda packet for an explanation of each tow service requirement, which may be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e. 5. No. The City will not conduct a meeting with all bidders via Zoom. The Request for Proposals question/answer process has been established to address all potential questions and concerns of prospective bidders in an open and transparent manner that is visible to all interested parties. The City’s professional staff has determined the minimum requirements based on operational needs. 22.f Packet Pg. 1131 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 3 Category & Question Response operated by Dad and Mom; we are not large financially strapped businesses. We are the little guys trying to provide a quality service to the City. Meeting City officials and Law Enforcement officials would be great for all involved. Permits & Licenses 1. [Wilson Towing Question 1] One of the requirements of the RFP is: “Towing Carrier shall possess a current City of San Bernardino Hazardous Materials Handler’s Permit.” Is this different from the San Bernardino County CUPA (Certified Unified Program Agency) permit for hazardous materials? I cannot find anything on the City website regarding a City permit (as opposed to the County permit). I have read San Bernardino Municipal Code Chapter 19.20. We believe we have the correct hazmat permit that was issued by the County of San Bernardino. Is there an additional hazmat permit required to be issued by the City or is the County issued CUPA hazmat permit sufficient? 2. [Wilson Towing Question 2] Section B on page 6 of the “Request for Proposals for RFP F-21- 16” states: “By submitting a proposal, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies of legitimate proof of such licensure and/or certification shall be included in bidder’s response. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected.” Resolution No. 2020-306 asks for: · Current City of San Bernardino Business License (Packet Pg. 231) Permits & Licenses 1. Chapter 19.20 of the San Bernardino Municipal Code governs the use, handling, storage, and transportation of hazardous materials. As the fire service provider for the City of San Bernardino, the San Bernardino County Fire Department’s Hazardous Materials Division is responsible for administering permits related to hazardous materials in the City. No separate permit is required to be issued by the City. 2. All licenses and certifications relevant to the business of a tow carrier should be included with the proposal. The City of San Bernardino is unable to provide an exhaustive list of all licenses and certifications that would be equally applicable to all prospective bidders. In addition to those documents specifically enumerated, and by way of example, a tow carrier may also attach a CHP 234B Tow Truck Inspection and CHP 407F Safetynet Driver/Vehicle Inspection Report issued by the California Highway Patrol for each tow vehicle proposed for use on the City of San Bernardino tow rotation, as well as any CHP certification letters for tow operations received by the tow carrier. 22.f Packet Pg. 1132 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 4 Category & Question Response Current City of San Bernardino Certificate of Occupancy (Packet Pg. 231) Current City of San Bernardino Hazardous Materials Handler’s Permit (Packet Pg. 231) Other than these 3, are there any other licenses and/or certifications that need to be submitted with the RFP proposal? If so, what other licenses and/or certifications are required to be submitted with the RFP proposal? 3. [Armada Towing Question 1] Section B on page 6 of the “Request for Proposals for RFP F-21- 16” states: “By submitting a proposal, bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFP are currently held by bidder, and are valid and in full force and effect. Copies of legitimate proof of such licensure and/or certification shall be included in bidder’s response. Proposals lacking copies and/or proof of said licenses and/or certifications may be deemed non- responsive and may be rejected.” Resolution No. 2020-306 asks for:  Current City of San Bernardino Business License (Packet Pg. 231)  Current City of San Bernardino Certificate of Occupancy (Packet Pg. 231)  Current City of San Bernardino Hazardous Materials Handler’s Permit (Packet Pg. 231) Other than these 3, are there any other licenses and/or certifications that need to be submitted with the RFP proposal? If so, what other licenses and/or certifications are required to be submitted with the RFP proposal. 3. All licenses and certifications relevant to the business of a tow carrier should be included with the proposal. The City of San Bernardino is unable to provide an exhaustive list of all licenses and certifications that would be equally applicable to all prospective bidders. In addition to those documents specifically enumerated, and by way of example, a tow carrier may also attach a CHP 234B Tow Truck Inspection and CHP 407F Safetynet Driver/Vehicle Inspection Report issued by the California Highway Patrol for each tow vehicle proposed for use on the City of San Bernardino tow rotation, as well as any CHP certification letters for tow operations received by the tow carrier. 22.f Packet Pg. 1133 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 5 Category & Question Response Water Regulations 1. [Wilson Towing Question 3] Item 18 of Packet Pg. 232 states: “The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations? What storm water regulations is the RFP referring to? I have inquired to the State Water Board to see if towing yards are required to be enrolled in the state Industrial NPDES permit program/California Statewide Storm Water Industrial General Permit. They respond via email to my inquiry. In response to my inquiry if towing/storage yards are required to obtain such a permit, the Storm Water Section, Division of Water Qualify, State Water Resources Control Board, responded that the primary SIC code for towing service/automotive is 7549 and stated that permit coverage is not required because this is not a regulated Standard Industrial Classification code in the industrial storm water (runoff) permit. What are the City, County and State storm water regulations referred to in this RFP? 2. [Armada Towing Question 2] Item 18 of Packet Pg. 232 states: “The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations? Water Regulations 1. Bidders and vendors are obligated to know, understand, and comply with all laws and regulations applicable to their business and operations. The City of San Bernardino is unable to provide an exhaustive list of laws and regulations that would be equally applicable to all prospective bidders. Bidders are encouraged to consult their own legal counsel if they require additional information or clarification. Bidders are also encouraged to review the following documents: A. California Regional Water Quality Control Board, Santa Ana Region, Order No. R8- 2010-0036/NPDES No. CAS618036, entitled “National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporate Cities of San Bernardino County within the Santa Ana Region, Area- Wide Urban Storm Water Runoff Management Program.” This document may be viewed at: https://www.waterboards.ca.gov/santaan a/board_decisions/adopted_orders/orders /2010/10_036_SBC_MS4_Permit_01_29_1 0.pdf B. Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City’s storm water drainage system. This document may be viewed at: http://www.ci.san- bernardino.ca.us/residents/municipal_cod e.asp 2. Bidders and vendors are obligated to know, understand, and comply with all laws and regulations applicable to their business and operations. The City of San Bernardino is unable to provide an exhaustive list of laws 22.f Packet Pg. 1134 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 6 Category & Question Response What storm water regulations is the RFP referring to? What are the City, County, & State storm water regulations referred to in this RFP? We contacted the City Business License Dept. to inquire if we needed to be enrolled in the NPDES permit program and they advised that we had to follow the instructions on the Business License Form which refers you to the OSHA website to determine your Standard Industrial Classification code (SIC) once you have your SIC you need to go to the California Waterboards website and see if your SIC is regulated which it is not. As it is not regulated we asked the City and they advised then we do not need to be enrolled in the program. Is the City nonetheless requiring enrollment in the state permit program even though the state does not require it? Please let us know if it is required by the City so that we can obtain the permits the City would like us to have. Also, if any such permit is required, we are concerned that because of COVID, there may be delays in obtaining permits. The State is currently not taking phone calls because of COVID and do not know if they have the staff available to process any permit requests. If the delays are through no fault of our own, will the deadlines be extended? and regulations that would be equally applicable to all prospective bidders. Bidders are encouraged to consult their own legal counsel if they require additional information or clarification. Bidders are also encouraged to review the following documents: A. California Regional Water Quality Control Board, Santa Ana Region, Order No. R8- 2010-0036/NPDES No. CAS618036, entitled “National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirements for the San Bernardino County Flood Control District, the County of San Bernardino, and the Incorporate Cities of San Bernardino County within the Santa Ana Region, Area- Wide Urban Storm Water Runoff Management Program.” This document may be viewed at: https://www.waterboards.ca.gov/santaan a/board_decisions/adopted_orders/orders /2010/10_036_SBC_MS4_Permit_01_29_1 0.pdf B. Chapter 8.80 of the San Bernardino Municipal Code pertaining to the protection and regulation of the City’s storm water drainage system. This document may be viewed at: http://www.ci.san- bernardino.ca.us/residents/municipal_cod e.asp Given that bidders and prospective vendors must already possess the required permits to conduct their business lawfully, and given that the City is not requiring bidders and prospective vendors to obtain permits not required by law or regulation, deadlines will not be extended to obtain required permits. Tow Yard Paving 1. [Wilson Towing Question 4] Does the RFP require that our yard has to be paved? There Tow Yard Paving 1. Tow yards are required to be paved. See Addendum No. 1 to the RFP, which clarifies 22.f Packet Pg. 1135 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 7 Category & Question Response is no reference to paving in the documents attached to Planet Bids but such a paving requirement is on packet page 244 (which is not on the Planet Bid site). The document on Planet Bid omits packet page 244. Please clarify if the paving of the yard is required under the RFP. If so, we are concerned about the time requirements in order to get our yard timely paved. Our engineer has drawn up plans for a paved yard for our facility and for a WQMP. The engineer submitted plans to the City on or about December 8, 2020, over 5 weeks ago. Despite numerous phone calls, emails, voice mails, etc., the engineer has had no success in getting a response to the plans. If there are delays through no fault of our own, will the time requirements be extended? We understand the City Building and Planning Department is short-handed with COVID delays and it may be difficult to comply with before the July 1st extension deadline. 2. [Armada Towing Question 3] Does the RFP require that our yard has to be paved? Will a gravel-covered surface qualify? There is no reference in the documents attached to Planet Bids however there is a paving requirement on packet page 244 (which is not on the Planet Bid site). The document on Planet Bid omits packet page 244. Please clarify if the paving of the yard is required under the RFP. If so, we are concerned about the time requirements in order to get our yard timely paved as we currently have a gravel-covered surface. We hired an engineer in late December, however due to COVID the soil testing and other requirements to submit the plan to the City has been delayed. Will the City be extending the deadline due to COVID restrictions and limited staffing at the City Planning Dept. if we need to pave our facility? 3. [Edwins Towing Question 1] Will the City consider an extension past the July deadline to meet the tow facility requirements, if the bidder can demonstrate construction delays this requirement. Pages 239-250 of the December 16, 2020 City of San Bernardino Council Agenda packet consisted of explanations for each tow service requirement and were provided to the Mayor and City Council as background information in support of the Staff Report and proposed Resolution No. 2020-306. Those pages were published with the Council Agenda for public access. Nevertheless, for ease of reference, they are included here as an attachment and may also be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e 2. Tow yards are required to be paved; gravel will not qualify. See Addendum No. 1 to the RFP, which clarifies this requirement. Pages 239-250 of the December 16, 2020 City of San Bernardino Council Agenda packet consisted of explanations for each tow service requirement and were provided to the Mayor and City Council as background information in support of the Staff Report and proposed Resolution No. 2020-306. Those pages were published with the Council Agenda for public access. Nevertheless, for ease of reference, they are included here as an attachment and may also be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e 3. See Addendum No. 1 to the RFP, which clarifies this requirement. The strongest proposals submitted to the City will meet all requirements as stated in the 22.f Packet Pg. 1136 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 8 Category & Question Response due to City Planning, Building & Safety or any other City business office delays due to Covid- 19 or other City protocols? Issues to consider with this request is due to the timeline of the proposal and the challenging factor of attempting to meet City & State guidelines for water pollution control. The City is requiring paved lots and compliance of all water pollution laws. Our experts and construction company have contacted City officials and they have told us that such project could take up to (12) months. If the City requires all this to be the proper way to do business a (3) month window is just not realistic without the City expediting the process or allowing a longer period to comply if the bidder can demonstrate that it is making the investment to meet the City contract requirements. Request for Proposals and accompanying attachment (Resolution No. 2020-306). However, any bidder unable to meet the requirements is nevertheless encouraged to submit a proposal. In the proposal, the bidder should clearly identify which requirement(s) it cannot meet, include reasons for the inability to meet the requirement(s), and propose a remedy or alternative. Truck & Equipment Requirements 1. [Wilson Towing Question 5] Truck & Equipment requirements: We believe that the truck and equipment requirements exceed the amount of vehicles necessary to provide services under this contract. In speaking with the San Bernardino Police department, and based on our experience in towing for the City of San Bernardino, we believe that this can be accomplished with far less equipment than is required under the RFP. For example, if a towing company were to have a heavy duty tow truck Class C, light duty wheel lifts or flatbeds, and a Landoll flatbed trailer, they could tow any and all vehicles that need to be towed by the police department. There would be no need to purchase the 2 medium duty vehicles as required currently under the RFP. A different combo of tow vehicles could also include a heavy duty tow truck Class C and one medium duty tow truck, thus eliminating the need to purchase an extra medium duty and a Landoll. My understanding is law enforcement wants us to have two vehicles available to tow any vehicle at any time. The heavy duty and Landoll would meet and exceed this Truck & Equipment Requirements 1. The City established the truck and equipment requirements in consultation with the Police Department and based upon expected needs of the City over the next four years. Additionally, the equipment and truck requirements were established to overcome past failures by tow carriers to tow large vehicles, stating they did not have the appropriate equipment to do so. These failures resulted in the City’s inability on multiple occasions to carry out efficient tow services and the need to ensure tow carriers in the City’s tow rotation system have sufficient equipment to meet the City’s needs moving forward. The strongest proposals submitted to the City will meet all requirements as stated in the Request for Proposals and accompanying attachment (Resolution No. 2020-306). However, any bidder unable to meet the equipment requirements is nevertheless encouraged to submit a proposal. In the proposal, the bidder should clearly identify which equipment requirement(s) it cannot 22.f Packet Pg. 1137 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 9 Category & Question Response requirement or a combination without having to purchase all of the vehicles required in the RFB. Can we get clarification and possibly a response from the police department as to how we can best serve them without having to invest over $1.45 million in vehicles and equipment that will probably never have to be used? 2. [Armada Towing Question 5] Truck & Equipment requirements: We believe that the truck and equipment requirements exceed the amount of vehicles necessary to provide services under this contract. Based on our experience in towing for the City of San Bernardino and speaking with the San Bernardino Police Dept. Our understanding from the RFP is law enforcement wants us to have two vehicles available to tow any vehicle at any time. If a tower has a heavy duty and Landoll would this meet and exceed this requirement or a combination without having to purchase all of the vehicles required in the RFP. Is the City willing to adjust these equipment requirements? 3. [Hayes Towing Question 2] Equipment. The contract states the company must have two Class B trucks, one heavy-duty truck, and one super heavy-duty truck. Would we be able to negotiate that down to one Class B truck? And could the Class C & Class D trucks be allowed to be subcontracted out as long as the company is a CHP approved company and a meet, include reasons for the inability to meet the requirement(s), and propose a remedy or alternative for the lack of required equipment. 2. The City established the truck and equipment requirements in consultation with the Police Department and based upon expected needs of the City over the next four years. Additionally, the equipment and truck requirements were established to overcome past failures by tow carriers to tow large vehicles, stating they did not have the appropriate equipment to do so. These failures resulted in the City’s inability on multiple occasions to carry out efficient tow services and the need to ensure tow carriers in the City’s tow rotation system have sufficient equipment to meet the City’s needs moving forward. The strongest proposals submitted to the City will meet all requirements as stated in the Request for Proposals and accompanying attachment (Resolution No. 2020-306). However, any bidder unable to meet the equipment requirements is nevertheless encouraged to submit a proposal. In the proposal, the bidder should clearly identify which equipment requirement(s) it cannot meet, include reasons for the inability to meet the requirement(s), and propose a remedy or alternative for the lack of required equipment. 3. The City established the truck and equipment requirements in consultation with the Police Department and based upon expected needs of the City over the next four years. Additionally, the equipment and truck requirements were established to overcome past failures by tow carriers to tow large vehicles, stating they did not have the 22.f Packet Pg. 1138 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 10 Category & Question Response city rotation company. 4. [Edwins Towing Question 2] Will the City consider one or two Heavy Duty Tow vendor(s) if the bidder(s) can demonstrate the ability to provide that service exclusively to City needs instead of a blanket requirement for all bidders? Many of the current tow providers do not have heavy duty tow capabilities, heavy duty tow & accident recovery requires extensive training which is a dangerous responsibility. Requiring all the tow providers seeking to bid on the City contract could be challenging to them, more now during the current pandemic situation. appropriate equipment to do so. These failures resulted in the City’s inability on multiple occasions to carry out efficient tow services and the need to ensure tow carriers in the City’s tow rotation system have sufficient equipment to meet the City’s needs moving forward. The strongest proposals submitted to the City will meet all requirements as stated in the Request for Proposals and accompanying attachment (Resolution No. 2020-306). However, any bidder unable to meet the equipment requirements is nevertheless encouraged to submit a proposal. In the proposal, the bidder should clearly identify which equipment requirement(s) it cannot meet, include reasons for the inability to meet the requirement(s), and propose a remedy or alternative for the lack of required equipment. 4. The City established the truck and equipment requirements in consultation with the Police Department and based upon expected needs of the City over the next four years. Additionally, the equipment and truck requirements were established to overcome past failures by tow carriers to tow large vehicles, stating they did not have the appropriate equipment to do so. These failures resulted in the City’s inability on multiple occasions to carry out efficient tow services and the need to ensure tow carriers in the City’s tow rotation system have sufficient equipment to meet the City’s needs moving forward. The strongest proposals submitted to the City will meet all requirements as stated in the Request for Proposals and accompanying attachment (Resolution No. 2020-306). However, any bidder unable to meet the equipment requirements is nevertheless encouraged to submit a proposal. In the proposal, the bidder should clearly identify which equipment requirement(s) it cannot 22.f Packet Pg. 1139 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 11 Category & Question Response 5. [Armada Towing Question 6] The RFP also requires that we possess or have access via a subcontractor to a Class D Super Heavy Duty towing vehicle. Can we contract with a current member of the tow rotation or does it have to be with a company not on the tow rotation? 6. [Wilson Towing Question 6] The RFP also requires that we possess or have access via a subcontractor to a Class D Super Heavy Duty towing vehicle. Can we contract with a current member of the tow rotation or does it have to be with a company not on the tow rotation? Would the subcontracted truck have to be CHP approved? meet, include reasons for the inability to meet the requirement(s), and propose a remedy or alternative for the lack of required equipment. The City requires tow carriers that have the immediate ability and capacity to tow any vehicle at any time. The City will not create a separate tow rotation for vehicles that require heavy duty tow equipment. As stated in Item 2 of the “Tow Equipment Requirements” section, tow operators shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle. As such, the tow carriers are not required to have this equipment. 5. As stated in Item 5 of the Duties of Tow Operator section, “The tow operator shall not assign calls received by them to other tow operators without prior approval of the City.” If a bidder seeks to contract with another bidder for Class D Super Heavy Duty tow services, that fact should be clearly stated in the proposal for the City’s consideration. 6. As stated in Item 5 of the Duties of Tow Operator section, “The tow operator shall not assign calls received by them to other tow operators without prior approval of the City.” If a bidder seeks to contract with another bidder for Class D Super Heavy Duty tow services, that fact should be clearly stated in the proposal for the City’s consideration. All tow vehicles owned by a tow carrier for use on the City’s tow rotation and all vehicles contracted by a tow carrier for use on the City’s tow rotation must be in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B). Tow Yard Size 1. [Wilson Towing Question 7] The RFP requires Tow Yard Size 1. No. The City has determined that a minimum 22.f Packet Pg. 1140 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 12 Category & Question Response storage space of a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary storage facility. According to our civil engineer, storage of 175 vehicles in a 31,500 square foot lot is an impossibility. You would need at least 40,000 square feet to accomplish the storage of 175 vehicles. In the interest of customer service and to be able to conduct service in our yard, can we get clarification on this. Shouldn’t the lot size requirement be increased? Otherwise tow companies will not be able to store 175 cars minimum in a 31,500 square foot lot especially considering fire access and storage of towing equipment. 2. [Edwins Towing Question 6] The City is requiring a total of 175 vehicle storage with a minimum space of 31,500 square feet. We have hired a professional vehicle storage facility design expert and they have examined the parking lot reference made by the City in its proposal. They claim that 175 vehicles in a 31,500 space is impossible without violating fire, building and safety codes and puts the facility attempting to do this in danger. That many vehicles crammed into this space is not providing the City and the owners of these vehicles professional safe keeping capabilities. Vehicles should be readily accessible for owners to retrieve personal items and inspect them. That many vehicles in such a small space exposes the tow facility operator to property damage and costly mistakes, the City should consider a significant amount of input of vehicle storage from all tow bidders. Tow facilities encounter seriously damaged vehicles that many times require (2) parking spaces, if the facility crams vehicles into minimal spaces it loses the integrity to safeguard private property. Our expert advises a minimum of 48,000 square feet of open space is required for the safe keeping of private property. Will the City reconsider expert opinion on this issue of 31,500 square feet of available space is required. Pages 239-250 of the December 16, 2020 City of San Bernardino Council Agenda packet consisted of explanations for each tow service requirement and were provided to the Mayor and City Council as background information in support of the Staff Report and proposed Resolution No. 2020-306. Those pages were published with the Council Agenda for public access. Nevertheless, for ease of reference, they are included here as an attachment and may also be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e 2. No. The City has determined that a minimum of 31,500 square feet of available space is required. Pages 239-250 of the December 16, 2020 City of San Bernardino Council Agenda packet consisted of explanations for each tow service requirement and were provided to the Mayor and City Council as background information in support of the Staff Report and proposed Resolution No. 2020-306. Those pages were published with the Council Agenda for public access. Nevertheless, for ease of reference, they are included here as an attachment and may also be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e 22.f Packet Pg. 1141 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 13 Category & Question Response or clarify what is expected in a 31,500 square feet area? 3. [Armada Towing Question 7] The RFP requires storage space of a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary storage facility. According to our civil engineer, storage of 175 vehicles in a 31,500 square foot is possible but can some of our equipment be stored at the auxiliary yard within the City? 4. [Edwins Towing Question 5] Will the City allow the sharing of vehicle storage spaces (currently 175 spaces) currently assigned for the City of San Bernandino proposal with bidders other law enforcement agency contracts requirements or will bidders be required to seek more space for those agencies and only use the 175 spaces for City business? 3. The Request for Proposals does not establish requirements related to where tow equipment must be stored. However, Item 3 of “Duties of Tow Operator” establishes a requirement that the tow operator shall respond to and arrive on scene at all calls for service placed by the City within 30 minutes of request. As such, tow vehicles and equipment should be stored in a reasonable location to allow for compliance with this requirement. 4. The statement that the primary storage facility must store a minimum of 175 vehicles does not include any requirement that all spaces be reserved for City business. Rather, the primary storage facility must simply be capable of storing 175 vehicles, whether those vehicles were towed on behalf of the City, other government agencies, or privately by the tow carrier itself. Auxiliary Facilities 1. [Hayes Towing Question 1] Storage Yard. We think the 31,500 sq ft req. may be too small for 175 vehicles. We store approx. 150-175 vehicles per month and avg 2-7 motorhomes in our yard. And we have over 40,000sq ft. And that is allowing room for emergency vehicles to turn around. In regards to auxiliary yard. RFP states that the yard can be outside city limits. How does this benefit the city or its residents? What’s in the city should stay in the city. 2. [Wilson Towing Question 8] According to the RFP, auxiliary storage facilities may be utilized if overflow storage is required and must be located within 3 miles of the City of San Auxiliary Facilities 1. The allowance for auxiliary yards to be located within close proximity to the City balances the needs of tow carriers to conduct efficient business and the needs of the community to recover vehicles from tow yards in a timely fashion. As noted in Item 10 of the Facility/Business Requirements section, auxiliary storage facilities are intended to be used as overflow if required. Additionally, if a tow carrier stores a vehicle towed for the City at an auxiliary lot, it is the tow carrier’s obligation to move the vehicle to the primary business location at no charge. This, too, balances the needs of the tow carrier, the City, and the public. 2. The allowance for auxiliary yards to be located within close proximity to the City balances the needs of tow carriers to conduct efficient business and the needs of the community to 22.f Packet Pg. 1142 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 14 Category & Question Response Bernardino. We are concerned about this because this will be a burden for customers and cause confusion. This RFP is for towing in the City of San Bernardino, yet customers will be directed to auxiliary locations outside of the City to pick up their cars or make payment? In addition, the City charges a City fee for service. If the yard is outside of the City, how can we enforce and collect this fee? This does not encourage business within the City of San Bernardino, including revenues the City generates from our storage facilities like business license fees, City fees, property taxes, investment in the City which brings tax revenue to the City, etc etc. Will the City reconsider and eliminate the auxiliary storage facility option? If not, it is not clear what overflow storage would be allowed at the auxiliary storage facility and which customers would be forced to drive to other cities to recover their vehicles? 3. [Armada Towing Question 4] According to the RFP, auxiliary storage facilities may be utilized if overflow storage is required and must be located within 3 miles of the City of San Bernardino. We are concerned about this because this will be a burden for customers and cause confusion. The option to have an auxiliary facility outside of the City does not encourage business within the City of San Bernardino, including revenues the City generates from our storage facilities like business license fees, City fees, property taxes, hiring San Bernardino residents, investment in the City which brings tax revenue to the City, etc etc. Will the City reconsider and eliminate the auxiliary storage facility option to be outside within 3 miles of the City and instead recover vehicles from tow yards in a timely fashion. As noted in Item 10 of the Facility/Business Requirements section, auxiliary storage facilities are intended to be used as overflow if required. Additionally, if a tow carrier stores a vehicle towed for the City at an auxiliary lot, it is the tow carrier’s obligation to move the vehicle to the primary business location at no charge. This, too, balances the needs of the tow carrier, the City, and the public. Additionally, Item 5 of the Facility/Business Requirements section requires the tow carrier business office to be located within the City. As such, members of the public seeking a vehicle release may do so within the City. If the tow carrier has decided to store the vehicle at an auxiliary lot, it is the tow carrier’s responsibility to move the vehicle to the primary facility at no charge. The City will be entitled to collect franchise fees regardless of whether a vehicle is stored in the City or at an auxiliary lot given that the tow carrier will be contractually obligated to pay the franchise fee under the tow service agreement. 3. The allowance for auxiliary yards to be located within close proximity to the City balances the needs of tow carriers to conduct efficient business and the needs of the community to recover vehicles from tow yards in a timely fashion. As noted in Item 10 of the Facility/Business Requirements section, auxiliary storage facilities are intended to be used as overflow if required. Additionally, if a tow carrier stores a vehicle towed for the City at an auxiliary lot, it is the tow carrier’s obligation to move the vehicle to the primary business location at no charge. This, too, balances the needs of the tow carrier, the City, and the public. Additionally, Item 5 of the Facility/Business 22.f Packet Pg. 1143 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 15 Category & Question Response be also located within the City of San Bernardino? Requirements section requires the tow carrier business office to be located within the City. As such, members of the public seeking a vehicle release may do so within the City. If the tow carrier has decided to store the vehicle at an auxiliary lot, it is the tow carrier’s responsibility to move the vehicle to the primary facility at no charge. The City will be entitled to collect franchise fees regardless of whether a vehicle is stored in the City or at an auxiliary lot given that the tow carrier will be contractually obligated to pay the franchise fee under the tow service agreement. Contract 1. [Wilson Towing Question 10] Contact Term: Pursuant to the Draft Tow Service Agreement (Packet Pg. 251, Section 2.a.), the term of the contract is four (4) years. The City may, at its sole discretion, extend the contract one time for an additional four (4) years. We believe the term of this contract would be too short. Our previous contract was 5 years with a 5 year option. In order to meet the new tow equipment requirements and the improvements of our towing yards (paving), the cost could be as high as $1.45 million invested. The new heavy duty Class C tow vehicle costs around $450,000. A Landoll flatbed and truck to pull the Landoll costs approximately $200,000. Two medium duty vehicles cost about $200,000 each ($400,000 total). Yard improvements will cost approximately $400,000 after city fees, engineering, water clarification, and paving. We are happy to improve our equipment and land with pavement if required under the RFP. We just request a longer term agreement with the City to offset the costs and to be able to finance equipment with our lenders. Lenders typically finance new trucks for 7 years and sometimes collateralize the purchase as long as we have a long term agreement with the Contract 1. The contract term was established to balance the City’s needs for stability and certainty in the tow rotation system with the opportunity to reconsider the City’s changing needs in the future without being locked into a long contract term. The contract term will remain as established in the Request for Proposals and remains subject to final Mayor and City Council approval. 22.f Packet Pg. 1144 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 16 Category & Question Response City. Can we extend this tow agreement for a longer period of time? Maybe 5-7 years with the one-time option to extend? There is some precedent for this in previous contracts we have signed with the City. The extended time would help us significantly address the additional costs to continue to provide our tow services. 2. [Hayes Towing Question 3] City Contract. RFP states the contract would be for four years. Could it be extended to 5 years with a rollover extension of another 5 years. The major expense of the equipment required would probably be on a 7- 10 year financing. 3. [Edwins Towing Question 3] The City is offering a (4) year contract with the possibility of a (4) year extension and that being only to the discretion of the City. Would the City consider writing out a path for bidders to secure that extension, if the bidders maintain a certain standard? The City’s proposal is requiring large investments from the tow industry, some of these large investments will create debt that would require a minimum of (7) years to finance. The City requests new trucks and facilities that will require expensive construction upgrades. It is well known in the tow industry that most truck loans go for 6 to 7 years and most bigger trucks, like super heavy duty wreckers, require 8 to 10 year loans; making this an important request for consideration. 2. The contract term was established to balance the City’s needs for stability and certainty in the tow rotation system with the opportunity to reconsider the City’s changing needs in the future without being locked into a long contract term. The contract term will remain as established in the Request for Proposals and remains subject to final Mayor and City Council approval. 3. The contract term was established to balance the City’s needs for stability and certainty in the tow rotation system with the opportunity to reconsider the City’s changing needs in the future without being locked into a long contract term. The contract term will remain as established in the Request for Proposals and remains subject to final Mayor and City Council approval. The option for a four year renewal was designed to allow for an extension for tow carriers that are performing to standard and meeting the City’s needs and expectations. However, there will be no guarantee of any such extension. References 1. [Wilson Towing Question 11] Please Clarify: Under Section II, Part A.2.C and under the second Part A.2.C is there a conflict or are additional instructions needed? Detail: Section II Part A.2.C instructs offerors to provide at least three (3) local references, while under the second set of subparagraphs References 1. A total of three references, two of which are from current customers of a similar size as the City, will suffice. 22.f Packet Pg. 1145 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 17 Category & Question Response under Section II Part A.2 and the second item labeled C, it instructs offerors to provide two (2) references for customers of similar size to the City. Question: We are asking that you clarify whether you are seeking a total of five (5) references, or a combination of references in which at least three (3) are local and at least two (2) also meet the criteria "of similar size"? Example and Question: For example, can an offeror with three local customers, two of which are of similar size, submit only three (3) references in total? Question: Additionally, what is the City's definition of local? Is there an established distance from the City that is considered to be, or not to be, local? Legal Concerns 1. Letter dated January 8, 2021 from Robert A. Ring of Ring & Green APC on behalf of Armada Towing, Danny’s Towing, City Towing, Hayes Towing, and Wilson’s Towing. Legal Concerns 1. The City’s RFP is the product of a lengthy internal process in which professional staff carefully considered the towing needs of the City, its Police Department, and the motoring public. The responses to potential proposers’ questions, clarifications, and comments are included above. This section is designed to address several of the baseless allegations included in the letter. The City Council adopted the new tow carrier requirements at a duly noticed and public meeting on December 16, 2020. Together, the staff report and attached documents totaled over 50 pages, including a comprehensive list of requirements, a template agreement, a description of the proposed tow rotation system, a list of proposed franchise fees, and a 12-page document explaining each of the standards. The package was prepared by a team of City staff with relevant expertise. For example, the team included members of the Police Department’s Traffic Division who manage the tow rotation process on a day-to- day basis and fully understand the towing needs of the City. The process and requirements were adopted unanimously and without comment or concern from the public, 22.f Packet Pg. 1146 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 18 Category & Question Response including towing carriers. The principal complaint in the letter appears to be that the City did not engage the towing carriers in designing the RFP and tow service agreement. To do so would have been highly improper. As noted above, the City’s requirements were established by professional staff based on the operational needs of the City and in an effort to protect the City’s motoring public. A copy of the City’s explanation of tow service requirements, which was included on packet pages 239 through 250 of the agenda, may be found online at: https://sanbernardinocityca.iqm2.com/Citizen s/FileOpen.aspx?Type=1&ID=2758&Inline=Tru e. No matter what service is being procured, the City does not permit vendors or consultants who might bid on a proposal to assist the City with the design of the proposal. To do so would create a clear conflict and would be unfair to any potential vendors, known or unknown to the City, who might wish to propose. Instead, and in accordance with best practices, the City determines what its minimum requirements are and then releases an RFP to identify proposers who can meet those requirements. To do otherwise in any RFP process would put private concerns above the public interest and may, under certain circumstances, constitute a violation of Government Code section 1090. The letter also alleges that the City has reduced the standard tow yard size down to 31,500 square feet to assist one potential proposer. Unless mistaken, at the time of the last inspection, one of the current towing carriers and one of the parties represented by the author – City Tow – had a total lot size just above the proposed threshold. Presumably, the City could similarly, and equally incorrectly, be accused of setting the size based on the current vendor. In fact, the rationale for the required yard size was 22.f Packet Pg. 1147 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 19 Category & Question Response 2. Letter dated January 19, 2021 from Stephen G. Larson of Larson LLP on behalf of Pepe’s Towing. included with the materials presented to the City Council on December 16 as part of the explanations for the City’s requirements (attached hereto). Please note that the size is based on historic demand, anticipated vehicle retention periods, and a University of Tennessee study relating to the amount of space required for parking purposes. It is the City’s sincere hope that as many tow companies respond to the RFP as possible. The City values its relationship with the current towing carriers and hopes that they will provide proposals in response to the City’s RFP. 2. The letter restates numerous old allegations that the City considers addressed in accordance with the settlement agreement between Pepe’s Towing and the City. As part of that settlement agreement, Pepe’s Towing waived all claims against the City. In addition, no party to that settlement agreement admitted any liability. In light of this, the City expects parties to the agreement to desist from further raising these claims. Please understand the process by which the current requirements were established and adopted. The City Council adopted the new tow carrier requirements at a duly noticed and public meeting on December 16, 2020. Together, the staff report and attached documents totaled over 50 pages, including a comprehensive list of requirements, a template agreement, a description of the proposed tow rotation system, a list of proposed franchise fees, and a 12-page document explaining each of the standards. The package was prepared by a team of City staff with relevant expertise. For example, the team included members of the Police Department’s Traffic Division who manage the tow rotation process on a day-to-day basis and fully understand the towing needs of the City. The process and requirements were adopted 22.f Packet Pg. 1148 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 20 Category & Question Response unanimously and without comment or concern from the public, including towing carriers. The City did not engage any towing carriers in designing the RFP and tow service agreement. The City is proceeding with the RFP as planned and is committed to a fair and transparent bidding process. It is the City’s sincere hope that as many tow companies respond to the RFP as possible. The City hopes qualified towing carriers will provide proposals in response to the City’s RFP. 22.f Packet Pg. 1149 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 1 - Explanation of Tow Service Requirements REQUIREMENT EXPLANATION / BASIS EXPERIENCE: Either the owner, principal, or a full-time manager of Towing Carrier shall have a minimum of three (3) verifiable years of for-hire towing experience. Such experience shall include the release of towed vehicles, the completion of lien sale paperwork, and the completion of other towing business related documents. Towing Carrier shall ensure a person meeting the experience qualifications of this section is employed for the duration of the Tow Service Agreement. DUTIES OF TOWING CARRIER: 1)Towing Carrier shall maintain a storage facility with 24 hour access for acceptance of tows for storage and release. 2)Towing Carriers business operations shall be conducted at all times in an orderly, ethical and courteous manner, and Towing Carrier shall use best efforts to secure and maintain the confidence of vehicle owners and operators. 3)Towing Carrier shall respond to and arrive on scene at all calls for service placed by the City of San Bernardino within thirty (30) minutes of request. Adherence to this response time must occur 24 hours a day, seven days a week, 365 days per year. EXPERIENCE: The City conducts both voluntary and involuntary tows of private vehicles, and must exercise good faith in selecting tow service carriers that have experience in the industry, adhere to all legal requirements of the trade, follow ethical and safe business practices, and protect private property entrusted to them. These requirements are best established and documented through years of experience in the for-hire towing business. Additionally, it is expected that experienced tow carriers are less likely to expose the City to liability arising from tow operations. DUTIES OF TOWING CARRIER: 1)Vehicle towing services must be available at all times during which law enforcement operations are conducted. See also Vehicle Code Section 22658. 2)Businesses contracting with the City and operating on behalf of the City are expected to operate in a professional manner with high standards. The conduct of tow personnel reflects upon the City of San Bernardino. 3)Vehicle towing services must be available at all times during which law enforcement operations and other City business is conducted. Additionally, City personnel are expected to be efficient in public service and cannot wait extended periods of time for a tow operator to arrive at a scene to tow a vehicle. Given that all tow operators are expected to have primary business locations within the City, a thirty (30) minute response time is a reasonable expectation. 16.b Packet Pg. 239 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1150 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 2 - 4)Towing Carrier shall respond with a tow truck of the class required to tow the vehicle specified by the City of San Bernardino during the call for service. 5)Towing Carrier shall not respond to a City of San Bernardino call assigned to another towing carrier unless requested to do so by the City. Towing Carrier shall not assign calls received by them to other Towing Carriers without prior approval of the City. 6)When Towing Carrier will be temporarily unavailable to provide services due to a preplanned/scheduled activity (e.g., unavailable personnel or equipment), Towing Carrier shall notify the San Bernardino Police Department Traffic Unit (or Watch Commander if the Traffic Unit is closed) at least 24 hours prior to the date that services will be unavailable. Any such unavailability may be evaluated by the City as a possible breach of the Tow Service Agreement. 7)Towing Carrier, when responding to a City of San Bernardino call, shall perform the towing or service required for which the Towing Carrier was called. This includes responses for junk vehicle tows/removals. 4) Various types and sizes of vehicles are encountered during City operations. It is necessary that all types of vehicles are removed and the tow operator must respond with the appropriate equipment that is able to complete the task. 5)The City will maintain a tow rotation list to ensure fair allocation of work. Tow operators are expected to be able to handle all tow requests made by the City and not refer a tow request to another operator. Any deviation requires prior approval of the City to afford the City an opportunity to examine the circumstances, evaluate adherence to the agreement with the tow operator, and approve or deny the request. 6) If a tow operator will not be able to provide services for any reason, their position on the tow rotation may have to be suspended, thereby impacting normal City operators. The City requires advanced notice of such disruption to accommodate the change in circumstances. The City reserves the right to determine whether such unavailability of the tow operator constitutes a violation of the agreement with the City. 7)Various types and sizes of vehicles are encountered during City operations. It is necessary that all types of vehicles are to be removed including junk motorhomes, trailers and other vehicles. Tow operators cannot be selective in the types or condition of vehicles they tow, as doing so would adversely impact the Citys ability to operate and the operations of the other rotation tow operators who would need to be called instead. 16.b Packet Pg. 240 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1151 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 3 - FACILITY/BUSINESS REQUIREMENTS: 1)Towing Carrier shall possess a current City of San Bernardino Business License. 2)Towing Carrier shall possess a current City of San Bernardino Certificate of Occupancy. 3)Towing Carrier shall possess a current City of San Bernardino Hazardous Materials Handlers Permit. 4)Towing Carrier must be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year. 5)Towing Carriers business office must be located within the City of San Bernardino, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible day and night from the roadway. 6)Towing Carriers business office must post a sign listing the rates, fees, and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place and must be in plain view of the public. Copies of all towing and storage fees must be readily available to the public. 7) Towing Carriers business office must have one primary contact telephone number listed FACILITY/BUSINESS REQUIREMENTS: 1) San Bernardino Municipal Code Chapter 5.04. 2) San Bernardino Municipal Code Chapter 15.20. 3) San Bernardino Municipal Code Chapter 19.20. 4)Vehicle towing services must be available at all times during which law enforcement operations are conducted. 5) Vehicle owners must obtain vehicle release paperwork from the San Bernardino Police headquarters and should not be expected to travel to other cities to retrieve their towed vehicles as a matter of public service, community expectation, and convenience. Additionally, close proximity of tow business offices and storage facilities to City of San Bernardino work sites is required for efficient vehicle inspections, paperwork exchange, and other in-person business transactions involving City employees interacting with tow companies. 6) Vehicle Code Section 22651.07(a)(1)(A). 7) One primary phone number, readily answered by the tow operator, is required 16.b Packet Pg. 241 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1152 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 4 - with the San Bernardino Police Department and other City departments. 8)Towing Carriers business office must be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. The normal business hours shall be posted in plain view to the public. Normal business hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for state recognized holidays (New Years Day, Martin Luther King Day, Lincoln Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day). 9)Towing Carriers primary storage facility shall be at the same location as the business address. 10)Auxiliary storage facilities may be utilized if overflow storage is required. Auxiliary storage facilities shall be located within the City of San Bernardino or within three (3) miles of the City of San Bernardino. If the vehicle is not stored at the primary business location, there shall be no charge for any additional distance traveled to move the vehicle from the auxiliary storage location to the primary business location. 11)Towing Carrier must be able to store a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary to prevent confusion and provide timely service. 8) Vehicle Code Section 22651.07(d). 9) Close proximity of tow business offices and storage facilities to City of San Bernardino work sites is required for efficient vehicle inspections, paperwork exchange, and other in-person business transactions involving City employees interacting with tow companies. 10)It is understood that auxiliary storage facilities may be required to facilitate vehicle storage for companies with limited storage area at the primary business location. Any such auxiliary storage facilities must nevertheless be located within the City of San Bernardino or within close proximity of the City of San Bernardino to facilitate investigations and inspections of stored vehicles and facilities, and to provide for a reasonable amount of retrieval time when a vehicle release is issued. 11)An analysis of the City s rotational annual tow load determined that approximately 6,500 cars per year are stored or impounded. Six tow companies currently 16.b Packet Pg. 242 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1153 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 5 - storage facility. 12)Towing Carriers vehicle storage area must be sufficiently lit to afford easy visibility to all areas of the lot during darkness. 13)Towing Carriers vehicle storage area must be completely enclosed in accordance with the San Bernardino Municipal Code unless the structure is eligible for legal nonconforming status. 14)Towing Carriers vehicle storage area must have a perimeter monitored alarm system. 15)No vehicles shall be left parked or stored on the public streets at any time. share the workload with approximately 1,060 tows each per year or approximately 88 per month. Tow companies should expect to potentially retain vehicles for up to two months prior to release or lien sale. As such, each tow operator needs to be able to hold an inventory of approximately 175 cars at any given time. A study conducted by the University of Tennessee entitled Es timating the Number of Parking Spaces Per Acre (Holland, 2014) was used as a basis to determine the total area required to store 175 vehicles. The study determined the minimum storage space per vehicle is 180 square feet. As such, 175 cars at 180 square feet each equates to a minimum of 31,500 square feet of needed space. 12)This requirement will be established by the Building Code and determined by city planning.Lighting requirements vary depending on which sources are utilized. Minimum lighting should be about 3 lux which is equal to 3 lumens per square meter. Lighting can be measured by a handheld device. 13)An enclosed storage area serves to protect stored vehicles and contents and is required to safeguard property stored or impounded at the direction of the City. San Bernardino Municipal Code Chapter 19.20. 14)A perimeter alarm protects stored vehicles and contents and is required to safeguard property stored or impounded at the direction of the City. 15)Vehicles stored and impounded at the direction of the City must be protected within a secure environment to prevent damage or theft. 16.b Packet Pg. 243 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1154 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 6 - 16)Stored vehicles shall be secured away from customer parking and the office area. 17)Towing Carrier shall maintain an enclosed evidence storage facility or garage, with minimum indoor storage of 2,000 square feet, for vehicles that have been ordered impounded by the Police Department as evidence. The enclosed evidence storage shall be lockable, have a monitored alarm system, and be accessible to the Police Department on request. 18)Towing Carrier shall comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. Without limiting the foregoing, at a minimum, tow storage facilities shall have a paved surface. 19)Towing Carrier shall comply with all applicable City of San Bernardino, County of San Bernardino, and State of California standards and regulations, including the possession of all required permits, licenses, and land use approvals of the City and any other government agency, to operate a tow service business on the lot. 16)Vehicles stored and impounded at the direction of the City must be protected within a secure environment to prevent damage or theft and should not be located in areas readily accessible to the public. 17)Vehicles are often impounded as evidence in criminal investigations. To preserve that evidence, to protect it from the elements, and to prevent evidence tampering, an enclosed and secure area is required. 18)San Bernardino Municipal Code Chapter 8.80. Business & Professions Code Sections 16000.3 and 16100.3. Water Code Section 13383.10. Senate Bill 205 (2019). An applicant for a new or renewed business license is required to demonstrate enrollment in a National Pollutant Discharge Elimination System (NPDES) storm water permit, if such a permit is required. Prior to the issuance or renewal of a business license, the City determines whether any of the primary Standard Industrial Classification (SIC) codes provided by the business are potentially regulated by the NPDES General Permit for Storm Water Discharges Associated with Industrial Activities (Industrial General Permit) also known as IGP. 19)San Bernardino Municipal Code Chapter 19.08. 16.b Packet Pg. 244 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1155 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 7 - TOW EQUIPMENT REQUIREMENTS: 1)Towing Carrier shall maintain tow vehicles capable of towing cars, trucks, motorhomes, mobile homes, and be able to safely handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles including motorcycles, tractors, forklifts or any type of rolling stock. 2)Towing Carrier shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle with a gross vehicle weight rating (GVWR) of at least 54,000 pounds for towing semi- trucks and trailers. 3)Towing Carrier shall have available a minimum of six (6) tow trucks in vehicle inventory as follows: A.Three (3) Class A Light Duty tow trucks that has a manufacturers GVWR of at least 14,000 pounds. B.Two (2) Class B Medium Duty tow trucks with a manufacturers GVWR of at least 33,000 pounds. These trucks shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. C.One (1) Class C Heavy Duty tow truck with a manufacturers GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. TOW EQUIPMENT REQUIREMENTS: 1) The City of San Bernardino has and will continue to have a need to tow a variety of vehicle types, sizes, and configurations. Tow operators must be able and willing to tow and store/impound any vehicle type to meet the needs of the City. 2) Super heavy duty equipment is infrequently required but may be necessary to tow heavy duty vehicles. To meet City needs, the tow operator must therefore possess or have reasonable access to the required equipment to tow a heavy duty vehicle. 3) Several trucks are required to readily handle City tow requests while maintaining service to other customers. Class A trucks are required to tow regular automobiles, pickup trucks, and vans, the most frequently-towed vehicle types. Medium duty Class B vehicles are required to tow some motorhomes and other heavier vehicles. Heavy duty Class C vehicles are necessary to be able to pull the heaviest vehicles including motorhomes, tractor trailers, and other heavy/long pieces of equipment. Class A, B and C trucks cover almost all of the City s tow requirements. With the addition of super heavy duty access, any vehicle can be towed with the exception of heavy extra wide loads such as construction equipment. 16.b Packet Pg. 245 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1156 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 8 - 4)Towing Carrier shall equip and maintain all tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and all specifications consistent with industry standards and practices. 5)All tow trucks used by Towing Carrier in connection with the Tow Service Agreement shall be inspected annually by the California Highway Patrol and be issued a commercial vehicle safety alliance (CVSA) decal prior to use in the rotation. 6)All Towing Carriers vehicles shall be well maintained and next to new in appearance, with the name, address, and phone number of the Towing Carriers San Bernardi no location permanently affixed to the vehicle. Each piece of towing equipment shall also have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 7)One or more of Towing Carriers towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. All tow trucks shall have recovery capabilities and wheel lift capabilities. 8) Towing Carrier shall maintain a flat-bed trailer with the ability to tow a boat, trailered item, mobile home, motorhome, RV trailer, or tractor trailer. 9)Towing Carriers are expected to possess the standard tools of the trade such as: broom, trash can and sand, shovel, fire extinguisher, 4) Vehicle Code Sections 615, 24605,25110, 25253, 25268, 25300, 27907, and 29004; California Code of Regulations Title 13. 5) California Vehicle Code;California Code of Regulations Title 13. 6)Vehicle Code Section 27907 California Code of Regulations Title 13. 7)The City has occasion to require vehicles to be recovered and towed from areas other than a roadway at the scene of a vehicle accident, vehicle abandonment, and other situations. This equipment is required to enable the tow operator to recover and tow such vehicles as needed. 8)The City of San Bernardino has and will continue to have a need to tow a variety of vehicle types, sizes, and configurations. Tow operators must be able and willing to tow and store/impound any vehicle type to meet the needs of the City. 9) The listed tools of the trade and other standard equipment is necessary to clean collision scenes, provide safety measures, 16.b Packet Pg. 246 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1157 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 9 - slim jim, dolly, and other required equipment. 10)Towing Limitations: (a)The total weight of all trucks, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings (RAWR); (b) all tow trucks and car carriers shall be appropriately equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and (c) all trucks must meet all applicable state and/or federal standards. 11)Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell): (a) the structural design of the recovery equipment must have a higher load capacity than the performance ratings; (b) winches shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAEJ706; and (c) all ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 12)Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. allow access to vehicles, etc. Vehicle Code Section 27700; California Code of Regulations Title 13. 10)Tow operators must abide by all laws and regulations established for the safe operation of towing equipment. Tow carrier vehicles may not tow other vehicles when the total weight of the vehicles exceeds the GVWR of the tow carrier vehicle. Additionally, the weight of the towed vehicle must be distributed so as not to exceed the front or rear axle ratings of the tow carrier vehicle. 11)Tow and recovery equipment operated by tow carriers must meet established specifications and equipment ratings to ensure safe operation and protection of vehicles being towed. 12)Tow carrier equipment must be adequately marked to ensure safe operation by tow operators and to provide operators with written notice related to warnings or cautions associated with the use of such equipment. 16.b Packet Pg. 247 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1158 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 10 - PERSONNEL REQUIREMENTS: 1)Towing Carrier shall ensure that tow truck drivers responding to calls initiated by the City of San Bernardino are qualified and competent employees of the Towing Carrier. Tow truck drivers shall be trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and/or recovery of the various types of vehicles serviced under the Tow Service Agreement. All drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 2)Towing Carrier personnel must possess the appropriate State of California Drivers License required to operate the vehicles and equipment used. 3) Towing Carrier shall maintain a current list of drivers, which shall be made available for inspection by the Police Department upon demand. An updated drivers list shall be provided to the City of San Bernardino within seven calendar days of any change in driver status (e.g., the addition of any new driver(s), the deletion of any driver(s), etc.). 4)All Towing Carrier tow truck drivers and owners shall be enrolled in the Employer Pull Notice (EPN) program. 5) Towing Carrier must enroll any newly-hired or newly-assigned drivers in the Employer Pull Notice (EPN) program within 30 days. PERSONNEL REQUIREMENTS: 1) Tow operators need to provide employees and equipment that are professional and well trained in order to provide quality and safe service to the City. 2) Vehicle Code Section 12804.9. 3) Vehicle Code 1808.1. 4)The EPN enables employers to monitor the driving records of employees. This information ensures that drivers remain qualified to respond lawfully and safely to tow calls ordered by the City. Vehicle Code 1808.1. 5)Enrollment must occur in a timely fashion in order to allow proper notification of any changes to the driver s license status and other relevant EPN events. Vehicle Code 1808.1. 16.b Packet Pg. 248 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1159 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 11 - 6)All current and future Towing Carrier personnel performing services for the City shall be fingerprinted (Live Scan) and photographed by the San Bernardino Police Department. 7)All towing services performed on behalf of the City shall be at the direction of the City representative at the scene. 8)All Towing Carrier personnel shall wear uniforms that bear the name of the individual and the Towing Carrier in a conspicuous place on the uniform. 9)Tow drivers shall wear a safety vest and/or reflectorizing clothing, as well as any other safety clothing required by and meeting Cal OSHA (Occupational Safety and Health Administration) requirements. 10)All personnel shall be fluent in the English language. 11)The City of San Bernardino reserves the right to refuse personnel from performing services 6) Tow truck drivers and other tow operator personnel interact with the public on behalf of the City of San Bernardino. This requirement ensures basic background information related to such personnel is obtained in an efficient manner and ensures only qualified personnel interact with the public on behalf of the City. Additionally, changes in status will be reported to the City via Live Scan registration to monitor any future concerns (e.g., arrest or conviction of a crime) that may create a public safety issue. 7)City of San Bernardino police officers and other employees may request a tow. It is required that tow operators comply with directions of City employees at various scenes to ensure public safety and efficient removal of vehicles in a lawful manner. 8) Tow operators respond to critical incidents. It is imperative that City employees can distinguish tow truck drivers from citizens who may be at the scene and can identify the individual by name. The uniform provides a professional standard that enhances public confidence. 9)Reflective clothing enhances the visibility of personnel who are performing work on the roadways, especially during darkness. California Code of Regulations Title 8, Federal Code of Regulations Title 23, Highways. 10)City personnel and most of the public primarily speak English. Speaking the same language reduces confusion and increases safety and efficiency. 11)Given the regular interaction with City personnel and members of the public, the 16.b Packet Pg. 249 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1160 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services - 12 - if, based upon the reasonable belief of the City of San Bernardino, the individual: A.Is unfit to be trusted or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; B.Is a person under the age of eighteen (18) years; C.Has committed or aided or abetted in the commission of any act, or act of omission, which would be grounds for suspension or revocation of a permit; or D.Does not possess a valid California Drivers License. City requires tow personnel who can be trusted, possess the appropriate licensure, comply with the law, and will operate in a professional and courteous manner. 16.b Packet Pg. 250 Attachment: Attachment 2 - Explanation of Tow Service Requirements (7012 : Resolution Establishing Tow Rotation, Standards, & Franchise22.f Packet Pg. 1161 Attachment: Attachment 5 - RFP F-21-16 Q&A (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Rotation Services 22.g Packet Pg. 1162 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1163 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1164 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1165 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1166 Attachment: Attachment 6 - 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Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1349 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1350 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1351 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1352 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1353 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1354 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1355 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1356 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow 22.g Packet Pg. 1357 Attachment: Attachment 6 - Proposal Verification Checklists (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow City of San Bernardino RFP F-21-16 – Tow Services Proposal Verification Checklist Summary of Firm Responses REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON EXPERIENCE Towing Carriers shall have a minimum of three (3) verifiable years of for hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a rotation tow listing. Towing Carriers and owners who do not meet the three year verifiable for-hire towing experience may be considered for a position on the City rotation tow list if a full-time manager who possesses the required tow management experience is employed by the Towing Carrier. An owner/Towing Carrier who releases vehicles, completes lien sale paperwork, and other tow business related documents for three years in the Towing Carrier, with the qualified manager, will fulfill the three years for-hire towing experience requirement; X X X X X X X X X 22.h Packet Pg. 1358 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 2 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON DUTIES OF TOWING OPERATOR 1) The Tow Operator shall maintain a storage facility with 24 hour access for acceptance of tows for storage and release. X X X X X X X X X 2) Tow operator’s business operations shall be conducted at all times in an orderly, ethical and courteous manner, and tow operators shall use best efforts to secure and maintain the confidence of vehicle owners and operators. X X ?6 X ?7 X X X X 3) The tow operator shall respond to and arrive on scene at all calls for service placed by the City of San Bernardino within thirty (30) minutes of request. Adherence to this response time must occur 24 hours a day, seven days a week, 365 days per year. X X ?8 X X X X X X 4) The tow operator shall respond with a tow truck of the class required to tow the vehicle specified by the City of San Bernardino during the call for service. X X ?9 X X X X X X 5) A tow operator shall not respond to a City of San Bernardino call X X ?10 X X X X X X 22.h Packet Pg. 1359 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 3 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON assigned to another operator unless requested to do so by the City. The tow operator shall not assign calls received by them to other tow operators without prior approval of the City. 6) When an operator will be temporarily unavailable to provide services due to a preplanned/scheduled activity (e.g., unavailable personnel or equipment), the tow operator shall notify the San Bernardino Police Department Traffic Unit (or Watch Commander if the Traffic Unit is closed) at least 24 hours prior to the date that services will be unavailable. Any such unavailability may be evaluated by the City as a possible breach of the agreement with the City. X X X X X X X X X 7) The tow operator, or its employee(s) responding to a City of San Bernardino call, shall perform the towing or service required for which the operator was called. This includes responses for junk vehicle tows/removals. X X X X X X X X X 22.h Packet Pg. 1360 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 4 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON FACILITY / BUSINESS REQUIREMENTS 1) Current City of San Bernardino Business License. X X ?11 X X X X X X 2) Current City of San Bernardino Certificate of Occupancy. X X X X X X ?12 X X 3) Current City of San Bernardino Hazardous Materials Handler’s Permit. X X ?13 X X X ?14 X X 4) Tow operator personnel must be available to accept vehicles 24 hours a day, 7 days a week, 365 days a year. X X X X X X X X X 5) The tow operator business office must be located within the City of San Bernardino, with a sign posted including the company name, address, phone number and hours of operation, to be clearly visible day and night from the roadway. X X X X X X ?15 X X 6) The business office must post a sign listing the rates, fees, and charges of all towing and storage services offered. Such sign shall be conspicuously placed in the office or other place where customer financial transactions take place and must be in plain view of the public. Copies of all X X X X X X X X X 22.h Packet Pg. 1361 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 5 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON towing and storage fees must be readily available to the public. 7) The business office must have one primary contact telephone number listed with the San Bernardino Police Department and other City departments. X X X X X X X X X 8) The business office must be open and staffed with personnel able to conduct business Monday through Friday during normal business hours. The normal business hours shall be posted in plain view to the public. “Normal business hours” shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, except for state recognized holidays (New Year’s Day, Martin Luther King Day, Lincoln Day, Presidents’ Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day). X X X X X X X X X 9) The primary storage facility shall be at the same location as the business address. X X X X X X X X X 22.h Packet Pg. 1362 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 6 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON 10) Auxiliary storage facilities may be utilized if overflow storage is required. Auxiliary storage facilities shall be located within the City of San Bernardino or within three (3) miles of the City of San Bernardino. If the vehicle is not stored at the primary business location, there shall be no charge for any additional distance traveled to move the vehicle from the auxiliary storage location to the primary business location. X X X X X X X X X 11) The tow operator must be able to store a minimum of 175 vehicles at its primary storage facility, with a minimum of 31,500 square feet of available space at the primary storage facility. X X X16 X ?17 X X X X 12) Lighting must be sufficient to afford easy visibility to all areas of the lot during darkness. X X X X X X ?18 X X 13) The vehicle storage area must be completely enclosed in accordance with the San Bernardino Municipal Code unless the structure is eligible for legal nonconforming status. X X X X X X ?19 X X 14) The vehicle storage area must have a perimeter monitored alarm X X X X X X X X X 22.h Packet Pg. 1363 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 7 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON system. 15) No vehicles shall be left parked or stored on the public streets at any time. X X X X X X X X X 16) Stored vehicles shall be secured away from customer parking and the office area. X X X X X X X X X 17) Tow companies must maintain an enclosed evidence storage facility or garage, with minimum indoor storage of 2,000 square feet, for vehicles that have been ordered impounded by the Police Department as evidence. The enclosed evidence storage shall be lockable, have a monitored alarm system, and be accessible to the Police Department on request. X X V20 ?21 X V22 X X X X 18) The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. Note: In responding to this requirement, please refer to Addendum No. 1 to RFP F-21-16, which provides the following clarification to this requirement: X V23 V24 X ?25 ?26 ?27 X V28 22.h Packet Pg. 1364 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 8 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON “The towing carrier must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California storm water regulations. In addition, each towing carrier must be able to demonstrate that they have a minimum of 31,500 square feet of paved (i.e., impermeable) surface.” 19) The tow operator must comply with all applicable City of San Bernardino, County of San Bernardino, and State of California standards and regulations, including the possession of all required permits, licenses, and land use approvals of the City and any other government agency, to operate a tow service business on the lot. X X X X X X X X X TOW EQUIPMENT REQUIREMENTS 1) Tow Operator shall maintain tow vehicles capable of towing cars, trucks, motorhomes, mobile homes, and able to safely handle unique vehicles, such as classic or luxury automobiles, and specialized types of vehicles X X V29 X ?30 X X X X 22.h Packet Pg. 1365 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 9 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON including motorcycles, tractors, forklifts or any type of rolling stock. 2) Tow operators shall possess or have immediate access via subcontractor to a Class D Super Heavy Duty towing vehicle with a GVWR of at least 54,000 pounds for towing semi-trucks and trailers. X X X X X X X X X 3) Tow Operator shall have available a minimum of six (6) tow trucks in vehicle inventory as follows: A. Three (3) Class A Light Duty tow trucks that has a manufacturer’s GVWR of at least 14,000 pounds. B. Two (2) Class B Medium Duty tow trucks with a manufacturer’s GVWR of at least 33,000 pounds. These trucks shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. C. One (1) Class C Heavy Duty X X V31 ?32 --33 X X ?34 V35 22.h Packet Pg. 1366 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 10 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON tow truck with at a manufacturer’s GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and a tractor protection device, and be capable of providing and maintaining continuous air to the towed vehicle. 4) An operator shall equip and maintain all tow trucks in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and all specifications consistent with industry standards and practices. X X X X X X X X X 5) All tow trucks used by a tow operator or business in connection with the City’s rotational tow service program shall be inspected annually by the California Highway Patrol and be issued a commercial vehicle safety alliance (CVSA) decal prior to permitting a tow truck to participate in the city’s rotational tow service program. X X X X X X X X X 6) All vehicles shall be well maintained and next to new in appearance, with the name, X X X X X X X X X 22.h Packet Pg. 1367 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 11 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON address, and phone number of the tow operator’s San Bernardino location permanently affixed to the vehicle. Each piece of towing equipment shall also have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity. 7) One or more towing vehicles shall have a cable winch of sufficient size and capacity to retrieve vehicles that may have gone over embankments, or off traveled portions of roadways into inaccessible locations. All tow trucks shall have recovery capabilities, wheel lift capabilities, and a boom. X X X X ?36 X X X X 8) All tow operators shall maintain a flat-bed trailer with the ability to tow a boat, trailered item, mobile home, motorhome, RV trailer, or tractor trailer. X X ?37 X ?38 X X ?39 X 9) Tow operators are expected to possess the standard tools of the trade such as: broom, trash can and sand, shovel, fire extinguisher, slim jim, dolly, and X X X X X X X X X 22.h Packet Pg. 1368 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 12 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON other required equipment. 10) Towing Limitations: (a) The total weight of all trucks, including the lifted load, shall fall within the GVWR and not exceed either the Front Axle Weight Ratings (FAWR) or Rear Axle Weight Ratings (RAWR); (b) all tow trucks and car carriers shall be equipped and in compliance with the most recent electronic version of the California Highway Patrol Tow Truck Inspection Guide (CHP 234B); and (c) all trucks must meet all applicable state and/or federal standards. X X ?40 X ?41 X X X X 11) Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30 degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell): (a) the structural design of the recovery equipment must have a higher load capacity than the performance ratings; (b) winches X X ?42 X X X X X X 22.h Packet Pg. 1369 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 13 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON shall conform to or exceed the specifications set forth by the Recovery Equipment Rating (SAE) Handbook, SAEJ706; and (c) all ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer (OEM) for the equipment. 12) Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. X X ?43 X X X X X X PERSONNEL REQUIREMENTS 1) Tow companies shall ensure that tow truck drivers responding to calls initiated by the City of San Bernardino are qualified and competent employees of the tow operator. Tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing X X ?44 X ?45 X X X X 22.h Packet Pg. 1370 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 14 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON and/or recovery of the various types of vehicles serviced through City rotation. Tow drivers shall perform all towing and recovery operations in the safest and most expedient manner possible. 2) All personnel must possess the proper State of California Driver’s License required to operate all vehicles and equipment. X X X X X X X X X 3) Tow companies shall maintain a current list of drivers, which shall be made available for inspection by the Police Department upon demand. An updated drivers list shall be provided to the City of San Bernardino within seven calendar days of any change in driver status (e.g., the addition of any new driver(s), the deletion of any driver(s), etc.). X X X X X X X X X 4) All tow truck drivers and tow operator owners shall be enrolled in the Employer Pull Notice (EPN) program. X X X X X X X X X 5) The tow operator must enroll any newly-hired or newly-assigned drivers in the Employer Pull Notice (EPN) program within 30 days. X X X X X X X X X 22.h Packet Pg. 1371 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 15 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON 6) All current and future personnel performing services for the City shall be fingerprinted (Live Scan) and photographed by the San Bernardino Police Department. X X X X X X X X X 7) All towing services performed on behalf of the City shall be at the direction of the City representative at the scene. X X X X X X X X X 8) All personnel shall wear uniforms that bear the name of the individual and the towing company in a conspicuous place on the uniform. X X X X X X X X X 9) Tow drivers shall wear a safety vest and/or reflectorizing clothing, as well as any other safety clothing required by and meeting Cal OSHA (Occupational Safety and Health Administration) requirements. X X X X X X ?46 X X 10) All personnel shall be fluent in the English language. X X X X X X X X X 11) The City of San Bernardino reserves the right to refuse personnel from performing services if, based upon the reasonable belief of the City of San Bernardino, the individual: X X X X X X X X X 22.h Packet Pg. 1372 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 16 - REQUIREMENT A&G1 ARMADA BILL & WAG’S2 DANNY’S3 HAYES LAIR4 PEPE’S STATE WIDE TRI CITY5 WILSON A. Is unfit to be trusted or has a bad moral character, intemperate habits or a bad reputation for truth, honesty or integrity; B. Is a person under the age of eighteen (18) years; C. Has committed or aided or abetted in the commission of any act, or act of omission, which would be grounds for suspension or revocation of a permit; or D. Does not possess a valid California Driver’s License. 1 Firm marked all sections as “Will Meet Requirement.” 2 Firm did not submit a Proposal Verification Checklist as required. 3 Firm did not specifically request certain variances, but such requests were inferred based upon the firm’s responses. 4 Firm changed two pre-checked boxes on its Proposal Verification Checklist. Facility/Business Requirements #11 was changed from “Does Not Meet” to “Meets.” Facility/Business Requirements #17 was changed from “Does Not Meet” to “Add’l Info. Required.” 5 Firm marked all sections “We will meet the requirement by April 1-2021.” 6 Firm’s response states it provides the highest standards, but does not address the elements of the requirement. 22.h Packet Pg. 1373 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 17 - 7 Firm indicates it strives to provide excellent service, and ensures employees sign code of conduct agreements, but does not address specific elements of the requirement. 8 Firm’s response states that it is open 24/7 and drivers live in the City to ensure prompt response, but does not address the 30-minute requirement. 9 Firm’s response states that all drivers understand the differences in tow truck classes and only operate equipment within their scope, but does not address the requirement of dispatching the correct class of tow vehicle to a given incident. 10 Firm indicates an understanding that it cannot assign a tow to another company, but does not address requirement that it cannot respond to a tow assigned to another carrier. 11 Firm indicates its business license fees have been paid, but there is no indication that the business license has been issued and is current. 12 Firm indicates it “will meet once awarded contract – already in process.” 13 Firm indicate that the permit process has been initiated and it is awaiting inspection by the County Fire Department. 14 Firm indicates it “will meet once awarded contract – already in process.” 15 Firm states “located and leased already, once awarded contract will comply before start date.” This appears to be a response for another requirement, and as such, further clarification is needed. 16 Firm indicates the square footage is 70,000 square feet, more than double the minimum requirement. However, the firm indicates it is still confirming its ability to store 175 vehicles. The firm states “all work should be completed by July 1st 2021.” 17 Firm changed City pre-designated “X” from “Does Not Meet” to “Meets.” Firm’s response indicates it has 37,000 total square feet, but does not address the 175 vehicle storage requirement. 18 Firm indicates “entire yard has lights in all corners” but does not specifically address all elements of the requirement. 19 Firm indicates that the yard is enclosed, but does not specify whether the enclosure is in compliance with Municipal Code. 22.h Packet Pg. 1374 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 18 - 20 Firm only has 1,790 feet of indoor storage. Firm requests a variance until pavement and upgrades are completed (no date provided). 21 Firm’s response addresses interior storage, but does not address whether storage is lockable, has a monitored alarm system, and is accessible to the Police Department. 22 Firm requests a variance to add interior storage space (no completion date provided). 23 Firm requests a variance through July 1, 2021 to complete the paving requirement and indicates paving is already in progress. 24 Firm requests a variance through July 1, 2021 to complete the paving requirement. 25 Firm indicates it cannot address this requirement until review by its legal team. Firm states the requirement may be in violation of California law. However, firm also states “our yard is currently paved with asphalt.” 26 Firm indicates it is compliant with storm water regulations, but the response is silent regarding the requirement of at least 31,500 feet of paved surface. 27 Firm states “yard fully up to standards with clarifier and upgrades approved by City of San Bernardino and yard size. Dirt area has 18 inches of soil on top of heavy non leaking plastic sheeting in case of leaks.” It remains unclear whether there is at least 31,500 square feet of paved surface. 28 Firm requests a variance as some parts of its lot are not currently paved. Firm indicates its plans were submitted to the City on December 8, 2020 and paving is expected to be completed by June 1, 2021. 29 Firm requests a variance through July 1, 2021 to purchase all “necessary equipment needed to me[sic] the needs of the city.” 30 Firm does not address requirement that it must be able to tow mobile homes, motorcycles, tractors, and specialty stock. Firm indicates it can tow “most motorhomes.” Under “Duties of Towing Operator,” Requirement 7, the firm indicates it will respond to all calls regardless of condition of vehicle, but does not indicate it will “perform the towing or service required for which the operator was called” as required. This, in combination with the statement that the firm can tow “most motorhomes” raises a question as to whether the firm will be able to tow all vehicles as required. 22.h Packet Pg. 1375 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 19 - 31 Firm requests a variance through July 1, 2021 to purchase all “necessary equipment needed to me[sic] the needs of the city.” 32 Firm indicates that it requests approval to subcontract with Armada Towing for a Class C Heavy Duty tow vehicle. While the City permits subcontracting for a Class D tow vehicle, there is no such allowance for a Class C vehicle. The firm will need to meet the Class C requirement by the April 1, 2021 deadline or request a variance. 33 Firm asks for a “deviation” from this requirement as it would cause financial hardship to attain all necessary equipment. The firm adds that it can access medium and heavy duty tow vehicles via contract. This appears to be an admission by the firm that it cannot or will not meet the requirement by the April 1, 2021 deadline. 34 Firm indicates it has a heavy duty truck, but has an agreement with a subcontractor to provide heavy duty and medium duty towing services as needed. Clarification is required whether the firm will meet all equipment requirements by April 1, 2021, or whether it is seeking to contract for all medium duty towing services, which is not permitted. 35 Firm requests a variance to complete inspections by April 15, 2021. 36 Firm indicates it has a 4x4 “well equipped” but does not address all elements of the requirement. 37 Firm’s proposal indicates that this requirement is “in process,” and no clarification is provided. 38 Firm indicates it possesses a 20’ tandem axle car hauler trailer, but does not address all elements of the requirement. 39 Firm indicates it has an agreement with a subcontractor to provide flatbed services. Clarification is required whether the firm will meet all equipment requirements by April 1, 2021, or whether it is seeking to contract for flatbed services, which is not permitted. 40 Firm states drivers know equipment ratings and that equipment is verified and inspected to ensure compliance, but does not address elements of requirement. 41 Firm states all trucks are compliant with CHP standards and meet towing industry standards, but does not address elements of the requirement. 42 Firm describes the capabilities of a single piece of equipment, but does not clearly address that equipment meeting the minimum standards of the requirement. 22.h Packet Pg. 1376 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Proposal Verification Checklist Summary of Firm Responses - 20 - 43 Firm acknowledges controls are marked, but the response is unclear as to whether they are marked for operation, warnings, and cautions as required. 44 Firm indicates drivers are trained on the use of their equipment, but does not address training in types of vehicles towed, and providing safe and expedient towing. 45 Firm indicates drivers meet highest standards, are CTTA certified, and have completed TIMS program, but does not address training in types of vehicles towed, and providing safe and expedient towing. 46 Firm indicates “all drivers and trucks issued PPE.” 22.h Packet Pg. 1377 Attachment: Attachment 7 - Proposal Verification Checklist Summary (7194 : Resolution Authorizing the City Manager to Execute Contracts for Tow Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 & 6) Recommendation Adopt Resolution No. 2021-64 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with P acific Play Systems, Inc. in the amount of $879,950 for the construction of Playground Equipment Replacement-Phase 3 (CIP PR21-001) (“Project”); and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $1,012,270 for the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. Background The City owns, operates and maintains all City parks. A playground assessment was completed in FY 2017/18 and a priority list was compiled after determining age, condition, and any safety issues of the existing structures in City Parks. The estimated cost of the playground equipment replacement at each location was determined by the area the replacement structures will occupy and the size of the structure to be installed at each location. A five-year plan was developed to replace playground equipment in all the parks within the City of San Bernardino. Phase 1 and Phase 2 have been completed resulting in playground equipment improvements at a total of 11 parks. Phase 3 consists of replacing the equipment at the following five park sites: Meadowbrook Park - 191 West 2nd Street and Sierra Way, San Bernardino Anne Shirrel Park - 1367 N. California Street, San Bernardino Blair Park - (two play areas) - 1466 W. Marshall Blvd., San Bernardino Lionel E. Hudson Park - 1439 Sheridan Road, San Bernardino Tom Gould Park - 240 W. 40th Street, San Bernardino 23 Packet Pg. 1378 7106 Page 2 In anticipation of this work, Playground Equipment Replacement - Phase 3 (“Project”) was included in the FY 2020/21 Capital Improvement Plan (CIP) adopted on June 24, 2020 by the Mayor and City Council. The CIP established Project funding through Community Block Grant Fund (CDBG) in the amount of $617,516 for Meadowbrook and Anne Shirrells parks, and Quimby Parkland Funds in the amount of $500,000 for Blair, Lionel E. Hudson and Tom Gould parks. Plans and specifications were prepared with the proposed scope of work for each park locations. The Project scope includes removing and replacing existing playground equipment, installation of new concrete pads, and benches . Improvements will also be constructed to provided adequate American Disability Act (ADA) access at the locations. Results of the bid solicitation are included in Discussion below. Discussion Project 13415 (Playground Equipment Replacement and Pad Construction & Resurface - 5 Parks) was advertised for public bidding on December 12, 2020 and December 16, 2020, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on January 20, 2021. The City received three bids as follows: Bidder City Base Bid Pacific Play Systems, Inc. Carlsbad $ 879,950.00 MICON Construction, Inc. Placentia $ 962,803.00 R.E. Schultz Construction, Inc. Orange $1,120,074.00 The City received a protest letter from the second lowest bidder, MICON Construction, Inc. and staff has responded to their satisfaction. The City has reviewed the bid package and confirmed that Pacif ic Play Systems, Inc. of Carlsbad, California, is the lowest responsible and responsive bidder, with a total bid amount of $879,950. If awarded by the Mayor and City Council, construction work is anticipated to begin in May 2021 and be completed by Septemb er 2021. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability- Minimize risk and litigation exposure. Approval of this Project will result in public improvements being constructed that improve playground equipment safety, improve play area conditions, and address ADA compliance items in the park. Fiscal Impact There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2020/21 Capital 23 Packet Pg. 1379 7106 Page 3 Improvement Plan in the CDBG and Quimby Parkland funds as follows: Meadowbrook Park and Anne Shirrells Park (CDBG Fund - 119-160-8665) $ 617,516 Blair Park, Lionel E. Hudson Park and Tom Gould Park (Quimby Parkland - 269-160-8665) $ 500,000 Total Available Project Funding $1,117,516 The overall cost of the improvement work at all locations is as follows: Construction Bid Amount $ 879,950 Construction Contingency $ 88,050 Engineering and Inspections $ 44,270 Total Combined Project Cost $1,012,270 Total estimated expenditures in each fund are summarized below: CDBG Fund No. 119-160-8665 (Meadowbrook & Anne Shirrel) $ 532,270 Quimby Fund No. 269-160-8665 Blair Park, Lionel Hudson, & Tom Gould $ 480,000 Total Estimated Expenditures $1,012,270 Conclusion Adopt Resolution No. 2021-64 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Pacific Play Systems, Inc. in the amount of $879,950 for the construction of Playground Equipment Replacement-Phase 3 (CIP PR21-001) (“Project”); and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $1,012,270 for the Project; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the Project. Attachments Attachment 1 Resolution 2021-64; Attachment 2 Resolution 2021-64; Exhibit A - Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: 1, 4, 5, 6 Synopsis of Previous Council Actions: June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21 23 Packet Pg. 1380 RESOLUTION NO. 2021-64 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA. APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH PACIFIC PLAY SYSTEMS, INC. IN THE AMOUNT OF $879,950 FOR THE CONSTRUCTION OF PLAYGROUND EQUIPMENT REPLACEMENT-PHASE 3 (CIP PR21-001) (“PROJECT”); AND AUTHORIZING PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES AND INSPECTIONS COSTS IN THE TOTAL AMOUNT OF $1,012,270 FOR THE PROJECT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City of San Bernardino owns, operates and is responsible for the maintenance of all municipal park facilities, including Meadowbrook Park, Anne Shirrells Park, Blair Park, and Tom Gould Park (“Parks”); and WHEREAS, the adopted FY 2020/21 Capital Improvement Plan (CIP) included Playground Equipment Replacement - Phase 3 (“Project”) to replace playground equipment at the Parks; and WHEREAS, in December 2020, the City administered a competitive bid solicitation for the Project, resulting in the receipt of three construction cost submittals; and WHEREAS, staff has reviewed the construction bid submittals and determined Pacific Play Systems, Inc. of Carlsbad, California, to be the lowest responsive and responsible bidder with a total construction bid of $879,950; and WHEREAS, the City now wishes to enter into a Construction Agreement with Pacific Play Systems, Inc. to perform the Project construction. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute a Construction Agreement, and any supporting documents, for Playground Equipment Replacement - Phase 3 (“Project”) with Pacific Play Systems, Inc. of Carlsbad, California in the amount of $879,950 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”. SECTION 2. The City Manager, or his designee, is hereby authorized to execute all documents in support of Playground Equipment Replacement - Phase 3, (Project 13415) on behalf of the City and to expend contingenc y funds, if necessary, to complete the project. 23.a Packet Pg. 1381 Attachment: Attachment 1 - Resolution 2021-64 [Revision 4] (7106 : Construction Contract Award – Playground Equipment Replacement - SECTION 3. The Director of Finance is hereby authorized to issue a purchase order in the amount of $879,950.00 to Pacific Play Systems, Inc., of Carlsbad, in support of the Construction Agreement. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the replacement of Playground Equipment and Pad Construction & Resurface with no expansion of the existing use. Additionally, 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because replacement of Playground Equipment and Pad Construction & Resurface does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. 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 __________, 2021. John Valdivia, Mayor City of San Bernardino 23.a Packet Pg. 1382 Attachment: Attachment 1 - Resolution 2021-64 [Revision 4] (7106 : Construction Contract Award – Playground Equipment Replacement - Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: _________________________________ Sonia Carvalho, City Attorney 23.a Packet Pg. 1383 Attachment: Attachment 1 - Resolution 2021-64 [Revision 4] (7106 : Construction Contract Award – Playground Equipment Replacement - 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. 2021-64, adopted at a regular meeting held on the 17th day of March 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of March 2021. Genoveva Rocha, CMC, City Clerk 23.a Packet Pg. 1384 Attachment: Attachment 1 - Resolution 2021-64 [Revision 4] (7106 : Construction Contract Award – Playground Equipment Replacement - CONTRACT AGREEMENT 23.b Packet Pg. 1385 Attachment: Attachment 2 - Resolution No. 2021-64 - Exhibit A - Contract Agreement (7106 : Construction Contract Award – Playground A G R E EM 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 ____________________________________________________ (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 PLAYGROUND EQUIPMENT REPLACEMENT AND PAD CONSTRUCTION & RESURFACE – 5 PARKS Project No. 13415 in strict conformity with Plans and Special Provisions Project No. 13415, 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. A-1 23.b Packet Pg. 1386 Attachment: Attachment 2 - Resolution No. 2021-64 - Exhibit A - Contract Agreement (7106 : Construction Contract Award – Playground 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: PACIFIC PLAY SYSTEMS, INC. BY: ________________________________ ROBERT D. FIELD City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: 3288 GREY HAWK CT. Genoveva Rocha, CMC CARLSBAD, CA 92010 City Clerk PHONE NO.: (760) 599-7355__________ 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. A-2 23.b Packet Pg. 1387 Attachment: Attachment 2 - Resolution No. 2021-64 - Exhibit A - Contract Agreement (7106 : Construction Contract Award – Playground 23.c Packet Pg. 1388 Attachment: Attachment 3 - Bid Tabulation (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.c Packet Pg. 1389 Attachment: Attachment 3 - Bid Tabulation (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.c Packet Pg. 1390 Attachment: Attachment 3 - Bid Tabulation (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.c Packet Pg. 1391 Attachment: Attachment 3 - Bid Tabulation (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.c Packet Pg. 1392 Attachment: Attachment 3 - Bid Tabulation (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.c Packet Pg. 1393 Attachment: Attachment 3 - 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Phase 3 (Wards 1, 4, 5 23.e Packet Pg. 1465 Attachment: Attachment 5 - Location Map (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.e Packet Pg. 1466 Attachment: Attachment 5 - Location Map (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 23.e Packet Pg. 1467 Attachment: Attachment 5 - Location Map (7106 : Construction Contract Award – Playground Equipment Replacement - Phase 3 (Wards 1, 4, 5 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6) Recommendation Adopt Resolution No. 2021-65 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Martinez Concrete, Inc. in the amount of $412,550 to provide Citywide annual concrete repairs; and 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $483,032 for Citywide Annual Concrete Repairs Project (CIP SS-D); and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The City of San Bernardino is responsible for maintaining sidewalks and American Disability Act (ADA) access ramps throughout the City. There are four (4) senior and community centers within the City that require the City to provide access ramps or update existing ramps to be in compliance with ADA requirements: 5th Street Senior Center located at 600 West 5th Street, San Bernardino Perris Hill Senior Center located at 780 East 21st Street, San Bernardino Rudy Hernandez Community Center located at 222 N Lugo St., San Bernardino Delmann Heights Community Center located at 2969 Flores St, San Bernardino In anticipation of this work, the annual concrete repair project was included in the FY 2020/21 Capital Improvement Plan (CIP) adopted on June 24, 2020 by the Mayor and City Council. The CIP established Community Development Block Grant (CDBG) Funding in the amount of $500,000 for Citywide Annual Concrete Repairs (CIP SS-D) to address the ramp work project. Plans and specifications were prepared with the proposed scope of work at the 24 Packet Pg. 1468 7159 Page 2 locations to include concrete repairs around community and senior centers entail the reconstruction of existing wheelchair ramps to meet ADA requirements and providing missing ramps at these senior centers within the City. Discussion Project 13430, to provide concrete repair, was advertised for public bidding on February 03, 2021 and February 10, 2021, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s website, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on February 25, 2021. The City received eight (8) bids as follows: Bidder City Base Bid Martinez Concrete, Inc. Azusa $412,550 FS Contractors, Inc. Sylmar $448,075 CT&T Concrete Paving, Inc. Diamond Bar $451,650 TRYCO General Engineering Rimforest $487,400 S&H Civil Works Colton $488,500 Vido Samarzich, Inc. Rancho Cucamonga $570,000 Gentry General Engineering, Inc. Rancho Cucamonga $626,980 EBS General Engineering, Inc. Corona $666,350 The City has reviewed the bid package and confirmed that Martinez Concrete, Inc. of Azusa, California, is the lowest responsible and responsive bidder, with a total bid amount of $412,550. If awarded by the Mayor and City Council, construction work is anticipated to begin in April 2021 and be completed by September 2021. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by repairing sidewalk and providing ADA access to the community around senior and community centers. Fiscal Impact There is no General Fund impact associated with this action. Project budget for the proposed work was previously established through the adopted FY 2020/21 Capital Improvement Plan in the CDBG fund as follows: Citywide Annual Concrete Repairs (119-160-8017) $ 500,000 Total Available Project Funding $ 500,000 24 Packet Pg. 1469 7159 Page 3 The overall cost of the improvement work at all four (4) locations is as follows: Construction Bid Amount $ 412,550 Construction Contingency $ 42,450 Engineering and Inspections $ 28,032 Total Project Cost $ 483,032 Conclusion Adopt Resolution No. 2021-65 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Martinez Concrete, Inc. in the amount of $412,550 to provide citywide annual concrete repairs; 2. Authorizing project construction, construction contingencies and inspections costs in the total amount of $483,032 for Citywide Annual Concrete Repairs Project (CIP SS-D); and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution 2021-65; Attachment 2 Resolution 2021-65; Exhibit A - Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Wards: 1, 2 & 6 Synopsis of Previous Council Actions: June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21 24 Packet Pg. 1470 RESOLUTION NO. 2021-65 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH MARTINEZ CONCRETE, INC. IN THE AMOUNT OF $412,550 TO PROVIDE CITYWIDE ANNUAL CONCRETE REPAIRS, AND AUTHORIZING PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES AND INSPECTIONS COSTS IN THE TOTAL AMOUNT OF $483,032 FOR CITYWIDE ANNUAL CONCRETE REPAIRS PROJECT (CIP SS-D), AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, The City of San Bernardino is responsible for maintaining sidewalks and American Disability Act (ADA) access ramps throughout the City right-of-ways and municipal facilities; and WHEREAS, the 5th Street Senior Center, Perris Hill Senior Center, Rudy Hernandez Community Center and Delmann Heights Community Center are facilities within the City that require access ramps, or updates to existing ramps, to be in compliance with ADA requirements; and WHEREAS, on June 24, 2020 the Mayor and City Council adopted the FY2020/21 Capital Improvement Plan (CIP), establishing Community Development Block Grant (CDBG) Funding in the amount of $500,000 for Citywide Annual Concrete Repairs (CIP SS-D); and WHEREAS, in February, 2021 staff administered a competitive bid process for Citywide Annual Concrete Repairs Project (“Project”) resulting in eight construction cost submittals; and WHEREAS, Martinez Concrete, Inc., of Azusa, California, has been determined to be the lowest responsive and responsible bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Martinez Concrete, Inc., of Azusa, California in the amount of $412,550 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute a Construction Agreement, and any supporting documents, for Citywide Annual Concrete Repairs project with Martinez Concrete, Inc., of Azusa, California in the total amount of $412,550 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”. 24.a Packet Pg. 1471 Attachment: Attachment 1 - Resolution 2021-65 [Revision 3] (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) Resolution No. 2021-65 SECTION 2. The City Manager, or his designee, is hereby authorized to execute all documents in support of Citywide Annual Concrete Repairs Project 13430 on behalf of the City and to expend contingency funds, if necessary, to complete the project. SECTION 3. The Director of Finance is hereby authorized to issue a purchase order in the amount of $412,550 to Martinez Concrete, Inc., of Azusa, in support of the Construction Agreement. SECTION 4. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the removal and replacement of concrete materials. Additionally, 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because concrete removal and replacement does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. 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 __________, 2021. John Valdivia, Mayor City of San Bernardino 24.a Packet Pg. 1472 Attachment: Attachment 1 - Resolution 2021-65 [Revision 3] (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) Resolution No. 2021-65 Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney 24.a Packet Pg. 1473 Attachment: Attachment 1 - Resolution 2021-65 [Revision 3] (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) Resolution No. 2021-65 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-65, adopted at a regular meeting held at the ___ day of _______, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. ______________________________ Genoveva Rocha, CMC, City Clerk 24.a Packet Pg. 1474 Attachment: Attachment 1 - Resolution 2021-65 [Revision 3] (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) A G R E EM 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 ____________________________________________________ (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 CITYWIDE CONCRETE REPAIRS Project No. 13430 in strict conformity with Plans and Special Provisions Project No. 13430, 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. A-1 24.b Packet Pg. 1475 Attachment: Attachment 2 - Resolution No. 2021-65 -Exhibit A - Contract Agreement (7159 : Construction Contract Award – Citywide Concrete 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: MARTINEZ CONCRETE, INC. BY: ________________________________ ROBERT D. FIELD City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: 920 W FOOTHILL BOULEVARD. Genoveva Rocha, CMC AZUSA, CA 91702 City Clerk PHONE NO.: (626) 334-2979 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. A-2 24.b Packet Pg. 1476 Attachment: Attachment 2 - Resolution No. 2021-65 -Exhibit A - Contract Agreement (7159 : Construction Contract Award – Citywide Concrete 24.cPacket Pg. 1477Attachment: Attachment 3 - Bid Tabulation (7159 : Construction Contract Award – Citywide Concrete 24.cPacket Pg. 1478Attachment: Attachment 3 - Bid Tabulation (7159 : Construction Contract Award – Citywide Concrete 24.d Packet Pg. 1479 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1480 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1481 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1482 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1483 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1484 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1485 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1486 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1487 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1488 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1489 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1490 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1491 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1492 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1493 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1494 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1495 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1496 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1497 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1498 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1499 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1500 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1501 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1502 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1503 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1504 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1505 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.d Packet Pg. 1506 Attachment: Attachment 4 - Bid Proposal (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.e Packet Pg. 1507 Attachment: Attachment 5 - Location Map (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.e Packet Pg. 1508 Attachment: Attachment 5 - Location Map (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.e Packet Pg. 1509 Attachment: Attachment 5 - Location Map (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) 24.e Packet Pg. 1510 Attachment: Attachment 5 - Location Map (7159 : Construction Contract Award – Citywide Concrete Repairs (Wards 1,2 & 6)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Final Reading and Adoption of Ordinance MC-1554 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a final reading and adoption of Ordinance MC -1554 amending Ordinance 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, 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). Background On June 5, 2019, the 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”. A public hearing was set for July 17, 2019 for the issue of establishment of the community facilities district. On August 7, 2019, the Mayor and City Council adopted Ordinance MC-1522 levying special taxes to be collected during FY 2019/20 to pay annual costs of maintenance, service expenses with respect to Community Facilities District No. 2019-1. On January 20, 2021, the Mayor and City Council adopted Resolution No. 2021 -17, a Resolution of Intention to annex property north of I -10, south of Sycamore Lane between Ferree Street and Richardson Street (Attachment 2) into CFD No. 2019-1 as Annexation No. 7. On March 3, 2021, the Mayor and City Council adopted Resolution No. 2021-40 amending Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 7) and held a special landowner election and canvassed the election. The Mayor and City Council then adopted Resolution No. 2021-41 declaring the results of the special landowner election and introduced Ordinance MC -1554 amending Ordinance MC-1522 and levying special taxes for Fiscal Year 2021/22, for first reading by title only and schedule for second reading and adoption on March 17, 2021. 25 Packet Pg. 1511 7164 Page 2 Discussion On March 3, 2021, Ordinance MC-1554 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor and City Council for the final reading and adoption. The Ordinance will become effective 30 days from the date of adoption. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth and Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District have been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 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, conduct a final reading and adoption of Ordinance MC-1554 amending Ordinance 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, 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). Attachments Attachment 1 Ordinance MC-1554 Attachment 2 Ordinance MC-1554 - Exhibit A - Description of Services Attachment 3 Ordinance MC-1554 - Exhibit B - Description of Territory Attachment 4 Project Location Map Ward: 3 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 Mayor and City Council adopted Resolution No. 2019-178 25 Packet Pg. 1512 7164 Page 3 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance 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 Mayor and City Council conducted the final reading of Ordinance 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. January 20, 2021 Mayor and City Council adopted Resolution No. 2021-17, 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 provisions of the “Mello-Roos Community Facilities Act of 1982.” March 3, 2021 Mayor and City Council adopted Resolution No. 2021-40 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 (Annexation No. 7), and adopted Resolution No. 2021 -41 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 7); and introduced Ordinance No. MC-1554 amending Ordinance MC-1522. 25 Packet Pg. 1513 ORDINANCE NO. MC-1554 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 2021-2022 TO PAY THE ANNUAL COSTS OF THE 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 January 20, 2021, 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 25.a Packet Pg. 1514 Attachment: Attachment 1 - Ordinance MC-1554 (7164 : Final Reading and Adoption of Ordinance MC-1554 (Ward 3)) Ordinance MC-1554 2 District on the proposition of levying a special tax, and establishing an appropriation s 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 2021-2022, 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 _______, 2021. John Valdivia, Mayor City of San Bernardino 25.a Packet Pg. 1515 Attachment: Attachment 1 - Ordinance MC-1554 (7164 : Final Reading and Adoption of Ordinance MC-1554 (Ward 3)) Ordinance MC-1554 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 25.a Packet Pg. 1516 Attachment: Attachment 1 - Ordinance MC-1554 (7164 : Final Reading and Adoption of Ordinance MC-1554 (Ward 3)) Ordinance MC-1554 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-1554, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2021. Ordinance No. MC-1554 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2021. Genoveva Rocha, CMC, City Clerk 25.a Packet Pg. 1517 Attachment: Attachment 1 - Ordinance MC-1554 (7164 : Final Reading and Adoption of Ordinance MC-1554 (Ward 3)) 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. 25.b Packet Pg. 1518 Attachment: Attachment 2 - Ordinance MC-1554 - Exhibit A - Description of Services (7164 : Final Reading and Adoption of Ordinance MC-1554 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2020-21 (Effective as of March 17, 2021) 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 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 25.c Packet Pg. 1519 Attachment: Attachment 3 - Ordinance MC-1554 - Exhibit B - Description of Territory (7164 : Final Reading and Adoption of Ordinance MC-1554 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 8 25.dPacket Pg. 1520Attachment: Attachment 4 - Project Location Map (7164 : Final Reading and Adoption of Ordinance MC- Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Kris Jensen, Director of Public Works Subject: Final Reading and Adoption of Ordinance MC-1556 (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct final reading and adoption of Ordinance MC -1556 amending Ordinance 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, Water Quality Improvements, Graffiti, Streets, Street Sweeping, Parks and Trail Maintenance, A Reserve Fund for Capital Rep lacement, and Administrative Expenses With Respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). Background On June 5, 2019, the 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”. A public hearing was set for July 17, 2019 for the issue of establishment of the community facilities district. On August 7, 2019, the Mayor and City Council adopted Ordinance MC-1522 levying special taxes to be collected during FY 2019/20 to pay annual costs of maintenance, service expenses with respect to Community Facilities District No. 2019-1. On January 20, 2021, the Mayor and City Council adopted Resolution No. 2021 -16, a Resolution of Intention to annex property west of I-215, north of w 24th Street and west of Cajon Blvd (Attachment 2) into CFD No. 2019-1 as Annexation No. 8. On March 3, 2021, the Mayor and City Council adopted Resolution No. 2021-46 amending Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 8) and held a special landowner election and canvassed the election. The Mayor and City Council then adopted Resolution No. 2021-47 declaring the results of the special landowner election and introduced Ordinance MC -1556 amending Ordinance MC-1522 and levying special taxes for Fiscal Year 2021/22, fo r first reading by title only and schedule for second reading and adoption on March 17, 2021. 26 Packet Pg. 1521 7165 Page 2 Discussion On March 3, 2021, Ordinance MC-1556 was introduced for first reading to the Mayor and City Council. The Ordinance is now being returned to the Mayor a nd City Council for the final reading and adoption. The Ordinance will become effective 30 days from the date of adoption. 2020-2025 Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth and Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed th rough special taxes levied on the parcels within CFD 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, conduct final reading and adoption of Ordinance MC -1556 amending Ordinance 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, Water Quality Improvements, Graffiti, Streets, Street Sweeping, Parks a nd 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). Attachments Attachment 1 Ordinance MC-1556 Attachment 2 Ordinance MC-1556 - Exhibit A - Description of Services Attachment 3 Ordinance MC-1556 - Exhibit B - Description of Territory Attachment 4 Project Location Map Ward: 6 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 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; 26 Packet Pg. 1522 7165 Page 3 Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance 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 Mayor and City Council conducted the final reading of Ordinance 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. January 20, 2021 Mayor and City Council adopted Resolution No. 2021-16, 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 provisions of the “Mello-Roos Community Facilities Act of 1982.” March 3, 2021 Mayor and City Council adopted Resolution No. 2021-46 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 (Annexation No. 8), and adopted Resolution No. 2021 -47 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 7); and introduced Ordinance No. MC-1556 amending Ordinance MC-1522. 26 Packet Pg. 1523 ORDINANCE NO. MC-1556 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 2021-2022 TO PAY THE ANNUAL COSTS OF THE 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 January 20, 2021, 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 26.a Packet Pg. 1524 Attachment: Attachment 1 - Ordinance MC-1556 (7165 : Final Reading and Adoption of Ordinance MC-1556 (Ward 6)) Ordinance MC-1556 2 District on the proposition of levying a special tax, and establishing an appropriation s 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 2021-2022, 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 _______, 2021. John Valdivia, Mayor City of San Bernardino 26.a Packet Pg. 1525 Attachment: Attachment 1 - Ordinance MC-1556 (7165 : Final Reading and Adoption of Ordinance MC-1556 (Ward 6)) Ordinance MC-1556 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 26.a Packet Pg. 1526 Attachment: Attachment 1 - Ordinance MC-1556 (7165 : Final Reading and Adoption of Ordinance MC-1556 (Ward 6)) Ordinance MC-1556 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-1556, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2021. Ordinance No. MC-1556 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2021. Genoveva Rocha, CMC, City Clerk 26.a Packet Pg. 1527 Attachment: Attachment 1 - Ordinance MC-1556 (7165 : Final Reading and Adoption of Ordinance MC-1556 (Ward 6)) 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. 26.b Packet Pg. 1528 Attachment: Attachment 2 - Ordinance MC-1556 - Exhibit A - Description of Services (7165 : Final Reading and Adoption of Ordinance MC-1556 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2020-21 (Effective as of March 17, 2021) 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 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 26.c Packet Pg. 1529 Attachment: Attachment 3 - Ordinance MC-1556 - Exhibit B - Description of Territory (7165 : Final Reading and Adoption of Ordinance MC-1556 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 9 26.dPacket Pg. 1530Attachment: Attachment 4 - Project Map (7165 : Final Reading and Adoption of Ordinance MC-1556 (Ward Page 1 Request for Future Meeting City of San Bernardino Date: March 17, 2021 To: Honorable Mayor and City Council Members From: Damon L Alexander, Council Member, Ward 7 Subject: Restricted Truck Routes 27 Packet Pg. 1531