HomeMy WebLinkAbout05-05-21 Agenda PacketIMPORTANT
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CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR
AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY
WEDNESDAY, MAY 5, 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 accessed online by
going to www.sbcity.org.
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 4/30/2021
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):
i.) Cristina Martinez v. City of San Bernardino , San Bernardino Superior Court
Case No: CIVDS2004638
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of
litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Cases
(C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative: City Manager;
Employee Organizations: International Union of Operatin g Engineers, General
Unit; San Bernardino Police Management Association; Teamsters - Middle
Management Unit; San Bernardino Police Officers Association; and San
Bernardino Confidential-Management Association
(D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government
Code Section 54957)
Discussion of evaluation procedures and preparation for annual evaluation of
Mayor and Council appointees
Title: City Manager
Title: City Attorney
Title: City Clerk
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 4/30/2021
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGI ANCE
CLOSED SESSION REPORT
CITY MANAGER UPDATE
MAYOR AND CITY COUNCIL UPDATES
PRESENTATIONS
1. Proclamation for National Public Works Week - May 16-21. 2021
2. Proclamation for National Law Enforcement Week - May 9-15, 2021
3. Presentation from SBVMWD - Heather Dyer, CEO General Manager - Water
Conservation Program
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
APPOINTMENTS
4. Water Board Re-Appointment
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernar dino,
California, approve the re-appointment of Wayne Hendrix to the Water Board with a
six-year term of office ending May 10, 2027.
5. Animal Control Commission Appointment (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the C ity of San Bernardino,
California, approve the appointment of Mr. Alejandro E. Faz to the Animal Control
Commission representing Ward 5. Mr. Faz will replace Jeffrey Frank with the term
ending December 2024. Council Staff has verified that appointee is a registered
voter within the City.
PUBLIC HEARINGS
6. Appeal 21-01 for DP-P 20-10 & ME 20-01 (Ward 7)
Recommendation
Adopt Resolution No. 2021-101 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 21-01, thereby upholding the Planning
Commission’s approval of Development Permit Type -P 20-10 and Minor Exception
21-01 allowing the development and establishment of a commercial retail building
containing approximately 10,542 square feet with a nine percent (9%) reduction of
the number of required off-street parking spaces from 35 to 32 spaces on a project
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 5 Printed 4/30/2021
site comprised of two (2) parcels containing a total of approximately 0.83 acres,
located at 3191 North E Street (APN: 0152 -163-18 and 19) within the Commercial
General (CG-1) Zone.
CONSENT CALENDAR
7. Best Friends Grant Acceptance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-102, accepting a grant award in the amount of
$45,000 from Best Friends Animal Society for Animal Shelter Programs and
Services and delegating authority to the City Manager to conduct all negotiations
signings and submittals of all necessary documents to receive the grant award;
and
2. Authorize the Director of Finance to amend the FY 2020/21 Budget to
appropriate $22,500 of the grant funding for animal shelter programs and
services.
8. 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 draft meeting minutes for the April 21, 2021, Regular
Meeting of the Mayor and City Council.
9. Accessory Dwelling Units Ordinance - Second Reading
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1559 adopting Development Code Amendment
21-01 amending Title 19 (Development Code) of the City of San Bernardino Municipal
Code to establish standards for Accessory Dwelling Units.
10. 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 April 2 021.
11. Amendment to AALRR Legal Service Agreements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2021-103:
1. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV DS 2013562;
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 6 Printed 4/30/2021
2. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for repres entation in the San Bernardino Superior
Court Case No. CIV DS 2012538;
3. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino
Superior Court Case No. CIV DS 2012926;
4. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino
Superior Court Case No. CIV SB 2025375;
5. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV SB 2025900; and
6. Authorizing the City Manager to execute the amendments to the legal services
agreements.
12. Designation of Fifteen Zero Emission Vehicle Parking Stalls at Santa Fe Depot
(Ward 1)
Recommendation
Adopt Resolution No. 2021-104 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the designation of fifteen parking stalls in the
Santa Fe Depot East Parking Lot for the exclusive purpose of fueling and parking of
Zero-Emission Vehicles (ZEV) in accordance with California Vehicle Code Section
22511.
13. Irrevocable Agreement to Annexation No. 2021-363 (Ward 6)
Recommendation
Adopt Resolution No. 2021-105 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within unincorporated
territory located at 18980 Cajon Blvd (APN 0265-272-11) and authorizing the City
Manager to execute an Irrevocable Agreement to Annex.
14. Construction Contract Award - Various Signal Lights Upgrade (Wards 1,4,6,7)
Adopt Resolution No. 2021-106 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with Comet Electric,
Inc., in the amount of $1,054,960 to provide the construction of traffic signal
upgrades;
2. Authorizing the project construction, construction contingencies, and inspection
costs in the total amount of $1,190,960 for Construction of Traffic Signal
Upgrades (“Project”); and
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 4/30/2021
3. Authorizing the Director of Finance to reallocate $175,443.27 from the Highland
Interconnect Project (Account number 263-160-8679*5504) to fund the project
construction, construction contingencies, and inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
15. Cooperative Funding Agreement with the City of Redlands - Alabama Street
Rehabilitation (Ward 1)
Recommendation
Adopt Resolution No. 2021-107 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a Cooperative Funding Agreement with the City of Redlands f or the
Alabama Street Rehabilitation Project (“Project”); and
2. Authorizing the Director of Finance to amend the FY 2020/21 Capital
Improvement Plan (CIP) to include the Alabama Street Rehabilitation Project
(“Project”) and establish a project budget in an amount not to exceed $26,833.13
in Measure I Fund No. 129.
16. Design Services Agreement: Mt. Vernon Storm Drain (Ward 6)
Recommendation
Adopt Resolution No. 2021-108 of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Design Services Agreement with
Onward Engineering in the amount of $144,927 for Design Services for the Mt.
Vernon Storm Drain Project (SD20-003).
17. Updating Assessment Engineer's Reports-Previously Formed Landscape and
Lighting Maintenance Districts (All Wards)
Recommendation
Adopt Resolution No. 2021-109 of the Mayor and City Council of the City of San
Bernardino, California, initiating proceedings to levy and collect assessments for FY
2021/22 in Assessment Districts pursuant to the Constitution and the City Charter,
appointing the Engineer of Record and ordering preparation of Engineer's Report.
18. Stop Sign Installation at the Intersection of 28TH Street and Arrowhead
Avenue (Ward 7)
Recommendation
Adopt Resolution No. 2021-110 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 655 entitled, in part, “A
Resolution…designating certain streets or portions thereof as through highways…”
and authorizing the establishment of an all-way stop control at the intersection of
28th Street and Arrowhead Avenue (4-way).
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 8 Printed 4/30/2021
19. Approve Final Tract Map No. 20145 (Ward 4)
Recommendation
Adopt Resolution No. 2021-111 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving Final Map for Tract No. 20145 (Subdivision 18-08) involving the
subdivision of a project site containing approximately 5.98 acres into 16 single -
family residential lots located on the northerly side of Belmont Avenue between
Magnolia Avenue and Escena Street;
2. Accepting the public dedications as set forth on said map; and
3. Authorizing execution of the standard form of agreement for the subdivision
improvements.
20. Construction Contract Award –5TH Street Senior Center Outside Dining Cover
(Ward 1)
Recommendation
Adopt Resolution No. 2021-112 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing the Director of Finance to amend the FY 2020/21 Capital
Improvement Plan (CIP) to include the 5th Street Senior Center Outside Dining
Cover (“Project”);
2. Authorizing construction, construction contingencies and inspections costs in the
total Project amount of $118,723;
3. Approving the award of a Construction Contract with Micon Construction, Inc. in
the amount of $94,023 to construct the Project; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
21. Carousel Mall Demolition Cost Update and Financing Forecast- Mayor John
Valdivia
22. Consider Options for Reprogramming Unused Funding Appropriated for the
Gun Buy Back Program to Support Other Safety and Homeless Service
Outreach Programs - Council Member Kimberly Calvin
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 9 Printed 4/30/2021
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency will adjourn to a Special Meeting on Thursday,
May 13, 2021, via tele-conference. The Special Meeting will begin at 5:30 p.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the May 5, 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, April 30, 2021.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda May 5, 2021
Mayor and City Council of the City of San Bernardino Page 10 Printed 4/30/2021
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 Council Acting as the
Successor Agency to the Redevelopment Agency may address the body at the end of
the meeting, during the period reserved for public comments. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or 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: May 5, 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):
i.) Cristina Martinez v. City of San Bernardino, San Bernardino Superior Court
Case No: CIVDS2004638
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of
litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Cases
(C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
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
(D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Pursuant to Government
Code Section 54957)
Discussion of evaluation procedures and preparation for annual evaluation of
Mayor and Council appointees
Title: City Manager
Title: City Attorney
Title: City Clerk
Packet Pg. 11
Page 1
Presentation
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Proclamation for National Public Works Week - May 16-21,
2021
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Packet Pg. 12
National Public Works Week Proclamation
May 16 – 23, 2021
“Stronger Together”
WHEREAS, public works professionals focus on infrastructure, facilities and
services that are of vital importance to sustainable and resilient communities and to the
public health, high quality of life and well-being of the people of San Bernardino; and
WHEREAS, these infrastructure, facilities and services could not be provided
without the dedicated efforts of public works professionals, who are engineers,
managers and employees at all levels of government and the private sector, who are
responsible for rebuilding, improving and protecting our nation’s transportation, water
supply, water treatment and solid waste systems, public buildings, and other structures
and facilities essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders and children in
San Bernardino to gain knowledge of and to maintain a progressive interest and
understanding of the importance of public works and public works programs in their
respective communities; and
WHEREAS, the year 2021 marks the 61st annual National Public Works Week
sponsored by the American Public Works Association/Canadian Public Works
Association.
NOW THEREFORE BE IT RESOLVED, the City of San Bernardino Mayor and
City Council, do hereby designate the week of May 16 – 22, 2021 as
“National Public Works Week”
We urge all citizens to join with representatives of the American Public Works
Association/Canadian Public Works Association and government agencies in
recognizing our public works professionals, engineers, managers an d employees and
the substantial contributions they make daily in protecting our national health, safety,
and quality of life.
Presented this 5th day of May 2021
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Packet Pg. 13 Attachment: Attachment 1 - PROCLAMATION FOR PUBLIC WORKS WEEK (7282 : Proclamation for National Public Works Week - May 16-21,
Page 1
Presentation
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Proclamation for National Law Enforcement Week - May 9-15,
2021
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Packet Pg. 14
PROCLAMATION
NATIONAL LAW ENFORCEMENT WEEK
WHEREAS, officers from the San Bernardino City Police
Department, the San Bernardino County Sheriff’s Department, the
California State Highway Patrol, the San Bernardino City Unified School
District Police, California State University San Bernardino Police
Department, and the San Bernardino Community College District Police
Department are to be honored this week in May: and
WHEREAS, the security of our society depends upon the loyal,
dedicated and selfless Law Enforcement officers of our community; and
WHEREAS, the business community relies on men and women in
Law Enforcement to maintain a safe environment wherein business
transactions may successfully take place; and
WHEREAS, the San Bernardino Area Chamber of Commerce
together with the City of San Bernardino wishes to recognize those men
and women who have dedicated their professional lives to make San
Bernardino a better, safer, more enjoyable environment in which to live
and work.
NOW THEREFORE BE IT RESOLVED, the City of San Bernardino
Mayor and City Council, do hereby designate the week of May 9 – 15, 2021
as
“NATIONAL LAW ENFORCEMENT WEEK”
and urge the citizens to give support to the San Bernardino Area Chamber
of Commerce in recognition of professional Law Enforcement Officers who
are serving our community.
DATED this 5TH day of May, 2021
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Packet Pg. 15 Attachment: Attachment 1 -Proclamation for National Law Enforcement Week - May 9-15, 2021 (7298 : Proclamation for National Law
Page 1
Presentation
City of San Bernardino
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Presentation from SBVMWD - Heather Dyer, CEO General
Manager - Water Conservation Program
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Packet Pg. 16
Demand
Management
Program
HEATHER DYER, MS, MBA
CEO/GENERAL MANAGER
HEATHERD@SBVMWD.COM, 909-387-9256
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Packet Pg. 17 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
DATA AN D MEASUREMENT
COMMUNITY ENGAGEMENT
LOCAL CONSERVATION
REGIONAL CONSERVATION
CAPA CITY BUILDING
INVESTMENT
More accurate
measurement and
recording of water
services and results
Provide greater
opportunity for the
community and other
partners to be part of
WUE
Implement programs
unique to a local service
area without duplicating
regional efforts
Implement regional-scale
incentives and non-
incentive programs
offered to all eligible
customers
Higher focus on
capacity building to
deliver and sustain
water use efficiency
results
Shift from spending to
re-investing in our
taxpayers and retail
agencies
StrategiesObjectives End State
Lead the
Region and the
State in
Innovative
Wa ter
Resources
Planning &
Implementation
Increase the
reliability of
water
resources for
the region
Demand Management Framework
2
3.a
Packet Pg. 18 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
Motivating Factors
Environment
•Climate and Drought Resilience
•Wa ter Supply Reliability
Economic
•Lower costs,incl.O & M costs
•Wa ter savings
Equity
•Provide water to more people
•Better affordability
3
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Packet Pg. 19 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
Demand
Management
Regional
Program
(Valley
District)
Retailer
Program
(Local)
Community
Engagement &
Partners
Program
Inve sting in our retail partners,end-users/taxpaye rs,and other
partners to increase the efficiency of water consumption and
ensure regional water reliability.
Program Summar y:
3.a
Packet Pg. 20 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
1. Regional Conservation
Program
§Community Outreach Program –affordable way to maintain community presence
§Speaker’s Bureau and Presentations
§Ambassadors/Champions/Influencers-based WUE Outreach Campaign (Traditional and Social Media)
§Conservation-Oriented Special Events
§Yo uth and Citizen’s Engagement.E.g.Va lley District Wa ter Academy
§Regional Education
§K-12 Teacher Grant,College Annual Water Scholar, a nd Water Wizards (High School)
§Qualified Water Efficient Landscaper (QWEL) Program/Landscape Industr y Training & Outreach
§Wholesale Assistance Program –support ser vices for retail agencies
§Centralized Program Marketing and Regional Portal –e.g.SoCal Wa terSmart, S AW PA Resources
§Shared Services and Data Analytics
§Direct Incentives/Installation Program –focus on accessibility, c onvenience, e quity, a nd market
transformation
§Disadvantaged Communities Plumbing Retrofit Program
§Direct Distribution through CalWEP for Flume and Rachio devices,and Online Store
§Commercial and Multi-Unit Contractor Direct Rebate Program,etc.
5
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Packet Pg. 21 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
2. Retail Agency Administered
Program Assistance
Retailer Capability:
1.Provide capacity building grants between now
and 2023 to:
•Tier A and B agencies to build a solid
foundation for utility operations and public
education or increase existing capacity
•Collaboratively develop custom plans tailored
to each agency’s needs
II.Provide grant funding to incentivize innovation
in programming between now and 2025 to:
•Tier C agencies,and
•For the other seven (7) agencies as they
demonstrate increased capacity to implement
local programs
•Yu caipa Valley Water District
•East Valley Water DistrictTier C
•City of Colton
•City of Redlands
•City of Rialto
•San Bernardino Municipal Wa ter
Depar tment
Tier B
•City of Loma Linda
•Riverside Highland Wa ter
Company
•We st Valley Water District
Tier A
6
3.a
Packet Pg. 22 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
3. Regional Community
Engagement Program (CEP)
Broader Benefits and Community Presence: Create a
Community Engagement Program (CEP) as a way to tie into
broader benefits of water-energy-food nexus,sustainability,
aesthetic quality, c ommunity reinvestment,etc.
•Pa rtners in Conser vation Grant -$5,000 to $50,000
–strategic partnerships with local nonprofits,
governments,companies,etc. F or example, I ERCD, V alley
Soil,Counties and Cities on MWELO, C alWEP, S oCal Gas,
Edison,etc.
•Community Engagement Grants –up to $5,000 to
support short-term projects and community events and
efforts
7
3.a
Packet Pg. 23 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
Demand
Manage ment
as a To ol, n ot a
Goal
Wa ter
Management
To ols &
Ser vices
BMP
Implementation
& SAWPA
Supply Side
Conser vation
Sustainability
& Water-
Energy-Food
NexusRegulation
and
Legislation
(MWELO, AB
1668, SB 606,
SB 555, etc.)
Community
Presence,e.g.
Grants,
Partnerships,
Sponsorships
Education
and
Outreach
Wa ter Use
Efficiency
Incentives e.g.
rebates
8
3.a
Packet Pg. 24 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
Next Steps
ØMay –Present the new Program to the Basin Te chnical
Advisor y Committee Wa ter Conser vation and Advisor y
Commission on Wa ter Po licy,and incorporate their
feedback into the proposed program.
ØMay-Ju ne –Present Overall Program Budget to Board of
Directors for Fiscal Ye ar 2021-2022.
ØMay–October –Board considers different elements of
the Program as they are further developed.IMPLEMENT!
9
3.a
Packet Pg. 25 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
Questions?
Adekunle Ojo –Manager of Wa ter Resources
adekunleo@sbvmwd.com
Shavo nne Turner –Wa ter Conser vation Program Manager
shavonnet@sbvmwd.com
https://www.sbvmwd.com/home/showpublisheddocument/9002/637538119113030000
https://sbvmwd.zoom.us/rec/play/9Vu0b8KSPl_Xu0BYjMG66IVPVP7ql-
N4wCmgw_g7rJ8UuSWYp8Nl6fhvXDEGXdRps-
5h3O58skhOJ1HH.iMom7VoxvVSvgajH?continueMode=true
Wo rkshop Video Link:
Demand Management Program Workshop Link:
3.a
Packet Pg. 26 Attachment: Powerpoint presentation - Heather Dyer - SBVMWD (7301 : Presentation from SBVMWD -
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: John Valdivia, Mayor
Subject: Water Board Re-Appointment
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the re-appointment of Wayne Hendrix to the Water Board with a six-
year term of office ending May 10, 2027.
Background
The Water Board was established under Charter Section 603 and is responsible for the
oversight and management of the City’s water supply, recycled water, wastewater
collection and treatment; employing such persons as may be needed for the proper
administration of the City’s water and wastewater systems; setting and coll ecting water
and wastewater rates, fees and charges; allocating all receipts and expenditures to
separate, independent, water and sewer funds in accordance with State law; providing
for an annual, independent audit of all water and wastewater accounts; com pensating
members of the Water Board; collaborating with the Mayor, City Council, and the City
Manager on matters concerning the City’s water and wastewater systems; and
establishing and periodically reviewing and revising such rules and regulations as ma y
be appropriate for managing the City’s water and wastewater systems.
Discussion
The Water Board is comprised of five (5) members appointed by a vote of the Mayor
and entire Council, as provided for in section 304(b) of the Charter. The term of service
for this reappointment will be a six-year term ending on the second Monday in May
(May 10, 2027).
2020-2025 Key Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 5: 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
It is recommended that the Mayor and City Council of the City of San Bernardino,
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California, approve the re-appointment of Wayne Hendrix to the Water Board with a six-
year term of office ending May 10, 2027.
Attachments
Attachment 1 Commission Application - Wayne Hendrix
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Board(s), Commission(s), & Citizen Advisory Committee(s) App. Page 1 of 3 Updated: August 29, 2018
Date Received, For
Official Use Only
B OARDS, COMMISSIONS, & CITIZEN ADVISORY
COMMITTEES
BOARD(S ), COMMISSION(S ), AND/OR CITIZEN ADVISORY COMMITTEE(S ) APPLYING FOR:
1.______________________________3.______________________________
2.______________________________4.______________________________
LAST NAME FIRST NAME M.I.
OME DDRESS IP HONE
EMPLOYER JOB TITLE EMAIL ADDRESS
BUSINESS ADDRESS ZIP BUSINESS PHONE
DATE OF BIRTH
Length of residence in the City of
San Bernardino
_____ Years
_____ Months
Are you a registered voter of the City
of San Bernardino?
Yes
No
Which ward do you reside in?
1 3 5 7
2 4 6
Why you want to serve on a city board or commission:
4.a
Packet Pg. 29 Attachment: Attachment 1 - Wayne Hendrix Commission application_redacted (7285 : Water Board Re-Appointment)
Board(s), Commission(s), & Citizen Advisory Committee(s) App. Page 2 of 3 Updated: August 29, 2018
What do you consider to be three (3) major assets that would qualify you for selection to this
board, commission, or citizen advisory committee:
1.
2.
3.
Experience or special knowledge pertaining to area(s) of interest:
Educational background:
Occupational experience:
Professional or technical organization memberships:
4.a
Packet Pg. 30 Attachment: Attachment 1 - Wayne Hendrix Commission application_redacted (7285 : Water Board Re-Appointment)
Board(s), Commission(s), & Citizen Advisory Committee(s) App. Page 3 of 3 Updated: August 29, 2018
Civic or community experience, memberships, or previous public service appointments:
OPTIONAL
How would you classify yourself? (Optional)
American Indian/Alaskan Native African American/Black Asian
Hispanic/Latino Native Hawaiian/Pacific Islander White
Two or more of the above categories
What is your gender? (Optional)
Female Other/Prefer to self-describe _____________________
Male
Are you a person with a disability? (Optional)
Yes No
Applications are screened on the basis of information submitted and may be subject to a
Livescan as part of the application process.
The information provided is factual to the best of my knowledge. I understand that I may be
required to complete a Statement of Economic Interests Form as required by law, and that I will
abide by all the codes, ordinances, and regulations of the City of San Bernardino and the State of
California.
_____________________________________________ _________________
SIGNATURE DATE
Return to: The City of San Bernardino Council Office
Electronically: Council@sbcity.org
By Mail: 290 North D Street, San Bernardino, CA 92401
In Person: 290 North D Street, 1st Floor – City Information Center, San
Bernardino, CA 92401
*Attach a resume and/or additional information which you feel will assist the Mayor and City
Council in their selection.
M
a
l
e
Wayne Hendrix
4.a
Packet Pg. 31 Attachment: Attachment 1 - Wayne Hendrix Commission application_redacted (7285 : Water Board Re-Appointment)
Wayne Hendrix
March 9, 2021
City of San Bernardino Boards, Commissions, & Citizen Advisory Committee
Application – Supplemental Attachment
Why you want to serve on a city board or commission:
I have been a Water Board Commissioner from January 2009 to present and was elected Vice-
President of the Water Board for a second term on January 12, 2021.
I would like to continue representing the City of San Bernardino and the Water Department and
move the Department forward by continuing to address and accomplish the Targets & Goals in the
Water Department's Strategic Plan.
I believe with my background I can continue to do a good job for the City's citizens and the Water
Department.
Experience or special knowledge pertaining to area(s) of interest:
I have twelve (12) years as a Water Board Commissioner and am the current Vice-President of the
Water Board. I have special knowledge of the City due to my career working at Matich Corporation.
I serve on the Board of Directors for the Colton/San Bernardino Regional Tertiary Treatment and
Water Reclamation Joint Powers Authority (RIX JPA).
I serve as an advisor on the San Bernardino Valley Municipal Water District Advisory Commission
on Water Policy.
I am currently sitting on the Regional Recycled Water Facilities Ad-Hoc Committee.
Civic or community experience, memberships, or previous public service appointments:
Previous public service appointments:
• City of San Bernardino Planning Commission for four (4) years
• Board of Building Officials
Current public service appointments:
• City of San Bernardino Municipal Water Department - Water Board Commissioner
(currently Vice-President)
• Colton/San Bernardino Regional Tertiary Treatment and Water Reclamation Authority -
Director
• Advisory Commission on Water Policy - Committee member
• Regional Recycled Water Facilities Ad-Hoc Committee - Committee member
4.a
Packet Pg. 32 Attachment: Attachment 1 - Wayne Hendrix Commission application_redacted (7285 : Water Board Re-Appointment)
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Ben Reynoso, Council Member, Ward 5
Subject: Animal Control Commission Appointment (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Mr. Alejandro E. Faz to the Animal Control
Commission representing Ward 5. Mr. Faz will replace Jeffrey Frank with the term
ending December 2024. Council Staff has verified that appointee is a registered voter
within the City.
Background
The Animal Control Commission was established by Resolution No. 2018 -45 on
February 21, 2018 and is charged with advising the Mayor, City Council and City Staff
on matters pertaining to animal control in the City. The commission is also charged with
serving in an advisory capacity on strategies, policies and programs designed to ensure
quality care for animals housed at the City of San Bernardino’s Animal Shelter.
Members are appointed to this commission on the basis of demonstrated knowledge
and experience in the area of animal care, animal husbandry, wild animals, animal
behavior 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.
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.
Conclusion
Approve the appointment of Mr. Alejandro E. Faz to the Animal Control Commission
with the term ending December 2024. Council Staff has verified that appointee is a
registered voter within the City.
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7291
Page 2
Attachments
Attachment 1 Commission Application - Mr. Alejandro E. Faz
Ward: 5
5
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Packet Pg. 35 Attachment: Attachment 1 - MCC.Commission Application - Alejandro E. Faz (7291 : Animal Control Commission Appointment (Ward 5))
5.a
Packet Pg. 36 Attachment: Attachment 1 - MCC.Commission Application - Alejandro E. Faz (7291 : Animal Control Commission Appointment (Ward 5))
5.a
Packet Pg. 37 Attachment: Attachment 1 - MCC.Commission Application - Alejandro E. Faz (7291 : Animal Control Commission Appointment (Ward 5))
5.a
Packet Pg. 38 Attachment: Attachment 1 - MCC.Commission Application - Alejandro E. Faz (7291 : Animal Control Commission Appointment (Ward 5))
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7)
Recommendation
Adopt Resolution No. 2021-101 of the Mayor and City Council of the City of San
Bernardino, California, denying Appeal 21-01, thereby upholding the Planning
Commission’s approval of Development Permit Type-P 20-10 and Minor Exception 21-
01 allowing the development and establishment of a commercial retail building
containing approximately 10,542 square feet with a nine percent (9%) reduction of the
number of required off -street parking spaces from 35 to 32 spaces on a project site
comprised of two (2) parcels containing a total of approximately 0.83 acres, located at
3191 North E Street (APN: 0152-163-18 and 19) within the Commercial General (CG-1)
Zone.
Background
On March 9, 2021, Staff presented a recommendation of approval to the Planning
Commission for Development Permit Type-P 20-10 and Minor Exception 21-01 for the
development and establishment of a commercial retail building containing approximately
10,542 square feet with a nine (9%) percent reduction of the number of required off-
street parking spaces from 35 to 32 spaces on a project site comprised of two (2)
parcels containing a total of approximately 0.83 acres. The recommendation of Staff
was based on the fact that the design of the commercial development met the
requirements of the Development Code as established in the findings of fact and subject
to the recommended Conditions of Approval (Attachment 3).
During the public hearing, the Planning Commission received a presentat ion from Staff
and listened to a pre-recorded public comment from Debra Blanco (the Appellant). After
public testimony and deliberation, the Planning Commission voted to approve the
project based on the findings of fact and subject to the recommended Condi tions of
Approval. The motion to approve was made by Vice -Chairperson Jones and seconded
by Commissioner Chang. The motion carried by the following vote:
Ayes: Jones, Lewis and Chang
Nays: Quiel and Flores
Abstain: None
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Absent: Guerrero, Lopez, Sanchez and Morales
Subsequently, on March 22, 2021, an application (Appeal 21 -01) was filed to appeal the
Planning Commission’s approval of Development Permit Type -P 20-10 and Minor
Exception 21-01 (Attachment 2).
Grounds for Appeal
The specific grounds for the appeal, as provided, are as follows:
1. The Planning Commission did not sufficiently examine or take into consideration
the existing unsafe conditions of the property located on the southwest corner of
E Street and Marshall Boulevard and how these existing conditions relate to, and
will negatively affect, the Dollar General project property located at 3191 North E
Street and the surrounding residential neighborhood on a long-term basis.
Staff Clarification: The proposal considered by the Planning Commission was
for the development of a commercial retail building located on
a commercial corridor (E Street). The recommendation for
approval of the project was based on the fact that the design
of the commercial development met the requirements of the
Development Code as established in the findings of fact and
subject to the recommended Conditions of Approval. The
proposed land use was not subject to the consideration of the
Development Permit by the Planning Commission. During the
public hearing, the Planning Commission received a pre-
recorded public comment from Debra Blanco (the Appellant)
in which substantially the same, or similar, comments were
made expressing this first ground for appeal.
2. The processes for notifying residents within the 500-foot radius of the proposed
project was insufficient to allow residents time to respond to the March 9, 2021
Planning Commission meeting. Several residents report that they did not receive
a notice of the Public Hearing by the U.S. Postal Service. Also, due to C OVID-19,
many residents no longer subscribe to the San Bernardino Sun newspaper in
paper and/or electronic form.
Staff Clarification: Noticing for the Planning Commission meeting of March 9,
2021 was completed in accordance with Section 19.52.020
(Hearing and Appeals - Application Processing) of the City of
San Bernardino Development Code.
3. The project applicant has not demonstrated the retail establishment will provide
adequate and essential precautions and protections necessary to address the
safety and security of the neighborhood.
Staff Clarification: As noted above, the operations of the proposed commercial
development were not subject to the consideration of the
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Page 3
Development Permit by the Planning Commission. Although
the business operations were not subject to Planning
Commission review, during the public hearing the developer
(applicant) expressed a willingness to bring forward the
concerns expressed during the discussion regarding security
cameras and lighting to the future tenant. However, as the
item for consideration by the Planning Commission did not
include operational conditions, any implementation of any
additional security measures would be at the discretion of the
future tenant.
Project Description
Pursuant to the requirements of Chapter 19.44 (Development Permits) and Chapter
19.56 (Minor Exceptions) of the City of San Bernardino Development Code, the
applicant is requesting the approval of Development Permit Type-P 20-10 and Minor
Exception 21-01 to allow the development and establishment of a commercial retail
building containing approximately 10,542 square feet with a nine (9%) percent reduction
of the number of required off -street parking spaces from 35 to 32 spaces on a project
site comprised of two (2) parcels containing a total of approximately 0.83 acres.
Public Hearing Notification
Notification of the public hearings for the project was completed as follows, in
accordance with Section 19.52.020 (Hearing and Appeals - Application Processing) of
the City of San Bernardino Development Code:
February 23, 2021: Notices were mailed to the owners of property within 500 feet
of the exterior boundaries of the project site, providing the
nature of the request, location of the property, the date, time,
and place of the Planning Commission meeting of March 9,
2021 for Development Permit Type-P 20-10 and Minor
Exception 21-01.
February 26, 2021: Legal advertisement was published in the San Bernardino
Sun Newspaper.
April 21, 2021: Notices were mailed to the owners of property within 500 feet
of the exterior boundaries of the project site, providing the
nature of the request, location of the property, the date, time,
and place of the Mayor and City Council meeting of May 5,
2021 for Appeal 21-01 for Development Permit Type-P 20-10
and Minor Exception 21-01.
April 24, 2021: Legal advertisement was published in the San Bernardino
Sun Newspaper.
Setting and Site Characteristics
The project site is located at 3191 North E Street, on the southeast corner of North E
Street and W. Marshall Boulevard within the Commercial General (CG-1) zone and
Transit Overlay District (TD).
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7222
Page 4
Table 1, below, provides a summary of the surrounding land use characteristics of the
subject site and surrounding properties.
TABLE 1: SITE AND SURROUNDING LAND USES
LOCATION LAND USE ZONE GENERAL PLAN
DESIGNATION
Site Vacant Commercial General (CG-1) Commercial
North Parking Lot Commercial General (CG-1) Commercial
South Residential Commercial General (CG-1) Commercial
East Residential Residential Suburban (RS) Single-Family
Residential
West Retail Commercial General (CG-1) Commercial
Analysis
The proposed tenant (Dollar General) is classified as a “General Merchandise” retailer
pursuant to Table 06.01 (Commercial Zones List of Permitted, Development Permitted,
and Conditionally Permitted Uses) of the City of San Bernardino Development Code.
Under the general merchandise classification the user is considered permitted “by-right”
within the Commercial General (CG-1) zone. Accordingly, the project is subject only to a
Development Permit for entitlement review for the development of the proposed
commercial building and associated site improvements. Pursuant to Section 19.44.030
(Applicability and Project Review), non-residential development projects that directly
abut a residential land use in a residential zone are subject to approval by the Planning
Commission.
Based off of a review of the proposal it is the recommendation of Staff that the project
meets the Development Standards outlined in the City of San Bernardino Develo pment
Code for the Commercial General (CG-1) zone and Transit Overlay District (TD),
subject to concurrent approval of the proposed Minor Exception.
Architecture
The proposed building has integrated a variation of materials incorporating a traditional
design. The building incorporates a corniced roof design with varying heights, well-ordered
windows and awnings, and a transition of materials around the entire building. The
proposed designs use a combination of stucco and brick elements. Further, landscaped
trellises have been provided along the street fronting elevations to break up the façade.
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Page 5
Access/Site Design/Traffic
The project site has direct access from one (1) new driveway located along North E
Street and one (1) driveway along W. Marshall Boulevard. The internal site circulation
has been designed to adequately accommodate on-site vehicular circulation and access
to the off-street parking areas, fueling area, and drive -thru. Designated "paths of travel"
have also been provided to ensure pedest rian safety. Finally, the City's Traffic
Engineering Division has reviewed the traffic study prepared for proposed project and
concluded that the project will have no significant impacts on the surrounding roadways
or intersections.
The Public Works Department reviewed the traffic scope approval form for the project
and determined based on the number of trips generated by the project there will be no
impacts since the project will generate less than 50 trips am/pm peak.
Landscaping
The proposed project will provide all new landscaping along the project site frontages,
and shall include additional buffering along the project interior to shield the associated
parking area from the adjacent residential uses.
Parking
Pursuant to Development Code requirements, the proposed commercial development
would require a total of thirty-five (35) parking spaces. The proposed project, as
designed, includes a total of thirty-two (32) parking spaces. Accordingly, the applicant is
requesting approval of a Minor Exception to allow a reduction of on-site parking to
provide thirty-two (32) spaces, which is within the 10% threshold permitted under the
authority of the Minor Exception.
The subject property is located within the Transit Overlay District, directly across the
street from the bus stops and two (2) park-and-ride facilities. The purpose of the Transit
Overlay District is to encourage an appropriate mix and intensity of land uses in a
compact pattern around transit stations that will foster transit usage, create new
opportunities for economic growth, encourage in-fill and redevelopment, reduce
dependency on the automobile, improve air quality, and promote high quality, interactive
neighborhoods. The proximity of the proposed development to the transit facilities will
provide additional means to access the subject property thereby reducing the vehicular
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Page 6
traffic coming to the property. Additionally, the property has been designed as a
pedestrian oriented retail development that will encourage a walkable community by
orienting the building entrance along E Street, allowing for a further reduction in the
vehicular demand of the property.
It should be noted that as a part of the requested reduction in parking facilities, no
impact has been proposed that would reduce accessible parking or hinder access to the
site for emergency and other City services.
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 a nd 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 area. Additionally, through this proposal the existing property
will be transformed from an underutilized property into a development that meets the
City’s economic development goals, while satisfying the Development Code
requirements, and will be adequately regulated through the Conditions of Approval in
order to minimize potential impacts.
2020-2025 Key Strategic Targets and Goals
Development Permit Type-P 20-10 and Minor Exception 21-01 aligns with Key Target
No. 3: Improve Quality of Life. The proposed development will create an economic
benefit to the surrounding residents and businesses by redeveloping an underutilized
parcel, and has been designed to achieve visual interest and a clean, landscaped
commercial site.
California Environmental Quality Act
In accordance with §15060 (Preliminary Review) of the California Environmental Quality
Act (CEQA), the Planning Division conducted an environmental evaluation in connection
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Page 7
with proposed Development Permit Type-P 20-10 and Minor Exception 21-01
(Attachment D), and concluded that the proposed project is exempt under the CEQA
Guidelines, as follows:
Section 15332 (In-Fill Development Projects) - Development Permit Type-P 20-
10 and Minor Exception 21-01 is categorically exempt due to the fact that: (a) the
project is consistent with the applicable general plan designation and all
applicable general plan policies as well as with applicable zoning designation and
regulations; (b) the proposed development occurs within city limits on a project
site of no more than five (5) acres substantially surrounded by urban uses; (c) the
project site has no value as habitat for endangered, rare or threatened species;
(d) approval of the project would not result in any significant ef fects relating to
traffic, noise, air quality, or water quality; and, (e) the site can be adequately
served by all required utilities and public services.
Fiscal Impact
There is no fiscal impact as a result of adopting this Resolution.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-101, denying Appeal 21-01, thereby upholding
the Planning Commission’s approval of Development Permit Type -P 20-10 and Minor
Exception 21-01 allowing the development and establishment of a commercial retail
building containing approximately 10,542 square feet with a nine percent (9%) reduction
of the number of required off -street parking spaces from 35 to 32 spaces on a project
site comprised of two (2) parcels containing a total of approximately 0.83 acres, located
at 3191 North E Street (APN: 0152-163-18 and 19) within the Commercial General (CG-
1) Zone.
Attachments
Attachment 1 Resolution 2021-101
Attachment 2 Resolution 2021-101; Exhibit A
Attachment 3 Application for Appeal 21-01
Attachment 4 Planning Commission Staff Report and Resolution 2021 -006 dated
March 9, 2021
Attachment 5 Planning Commission Minutes of March 9, 2021
Attachment 6 Public Hearing Notice for the Mayor and City Council meeting of
May 5, 2021
Attachment 7 Power Point Presentation
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Packet Pg. 45
RESOLUTION NO. 2021-101
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, DENYING APPEAL
21-01, THEREBY UPHOLDING THE PLANNING
COMMISSION’S ADOPTION OF THE CATEGORICAL
EXEMPTION AND APPROVAL OF DEVELOPMENT PERMIT
TYPE-P 20-10 AND MINOR EXCEPTION 21-01 ALLOWING THE
DEVELOPMENT AND ESTABLISHMENT OF A COMMERCIAL
RETAIL BUILDING CONTAINING APPROXIMATELY 10,542
SQUARE FEET WITH A NINE (9%) PERCENT REDUCTION OF
THE NUMBER OF REQUIRED OFF-STREET PARKING SPACES
FROM 35 TO 32 SPACES ON A PROJECT SITE COMPRISED OF
TWO (2) PARCELS CONTAINING A TOTAL OF
APPROXIMATELY 0.83 ACRES, LOCATED AT 3191 NORTH E
STREET (APN: 0152-163-18 AND 19) WITHIN THE
COMMERCIAL GENERAL (CG-1) ZONE
WHEREAS, on November 11, 2020, pursuant to the requirements of Chapter 19.44
(Development Permits) of the City of San Bernardino Development Code, an application for
Development Permit Type-P 20-10 was duly submitted by:
Owner: Eduardo Reyes PDRC Property, Inc.
4066 North 1st Avenue 3592 Rosemead Boulevard #838
San Bernardino, CA 92407 Rosemead, CA 91770
Applicant: NNN Retail Development
15882 Wakefield Lane
San Diego, CA 92127
Property Address: 3191 North E Street
APN(S): 0152-163-18 and 19
Lot Area: 0.83 acres
WHEREAS, Development Permit Type-P 20-10 and Minor Exception 21-01 is a request
to allow the development and establishment of a retail building containing approximately 10,542
square feet with a nine (9) percent reduction of the number of required off-street parking spaces from
35 to 32 spaces on a property comprised of two (2) parcels containing a total of approximately 0.83
acres;
WHEREAS, the Planning Division of the Community and Economic Development
Department has reviewed Development Permit Type-P 20-10 and Minor Exception 21-01 for
consistency with the City of San Bernardino General Plan, and compliance with the City of San
Bernardino Development Code;
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community and Economic Development Department
6.a
Packet Pg. 46 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
has evaluated Development Permit Type-P 20-10 and Minor Exception 21-01 and determined
that it is exempt from CEQA pursuant to Categorical Exemption (listed in CEQA Guidelines
Article 19, commencing with Section 15300) and the application of that Categorical Exemption
is not barred by one of the exemptions set forth in CEQA Guidelines Section 15300.2;
WHEREAS, on February 26, 2021, pursuant to the requirements of Section 19.52.020
(Hearings and Appeals – Application Processing) of the City of San Bernardino Development
Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of
general circulation within the City of San Bernardino, and by mailing notices to the property
owners within 500 feet of the subject property of the holding of a public hearing at which
Development Permit Type-P 20-10 and Minor Exception 21-01 would be considered;
WHEREAS, on March 9, 2021, pursuant to the requirements of Section 19.52.040
(Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code,
the Planning Commission held the duly-noticed public hearing at which interested persons had
an opportunity to testify in support of, or opposition to, Development Permit Type-P 20-10 and
Minor Exception 21-01 and at which meeting the Planning Commission considered
Development Permit Type-P 20-10 and Minor Exception 21-01; and
WHEREAS, on March 9, 2021, during said duly public hearing, after public testimony
and deliberation among the Planning Commissioners, Commissioner Jones made a motion to
adopt Resolution No. 2021-006 approving Development Permit Type-P 20-10 and Minor
Exception 21-01 based on the Findings of Fact presented, and Commissioner Chang seconded
the motion;
WHEREAS, the motion carried by the following vote:
Ayes: Jones, Lewis, and Chang
Nays: Quiel and Flores
Abstain: None
Absent: Guerrero, Lopez, Sanchez and Morales
WHEREAS, on March 22, 2021, pursuant to the requirements of Section 19.52.100
(Filing of Appeals) of the City of San Bernardino Development Code, Appeal 21-01 for
Development Permit Type-P 20-10 and Minor Exception 21-01 was submitted;
WHEREAS, notice of the May 5, 2021 public hearing for the Mayor and City Council's
consideration of the proposed Resolution for Appeal 21-01 for Development Permit Type-P 20-
10 and Minor Exception 21-01 was published in The Sun newspaper on April 24, 2021, and was
mailed to the owners of property located within a 500 foot radius of the project site in
accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino
Development Code; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals),
Chapter 19.42 (Development Permits), and Chapter 19.58 (Minor Exceptions) of the City of San
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Bernardino Development Code, the Mayor and City Council has the authority to take action on
Appeal 21-01 for Development Permit Type-P 20-10 and Minor Exception 21-01.
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. Compliance with the California Environmental Quality Act. As the
decision-making body for the project, the Mayor and City Council have reviewed and considered
the information contained in the administrative record for Development Permit Type-P 20-10
and Minor Exception 21-01. Based upon the facts and information contained in the
administrative record, including all written and oral evidence presented to the Mayor and City
Council, the Mayor and 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 categorically exempt from the requirements of the California
Environmental Quality Act pursuant to Section 15332 (In-Fill Development Projects) of the
CEQA Guidelines;
(3) The application of the categorical exemption is not barred by one of the exceptions set
forth in the CEQA Guidelines Section 15300.2; and
(4) The determination of CEQA exemption reflects the independent judgment of the
Mayor and City Council.
SECTION 3. Findings of Fact for Development Permit Type-P 20-10.
Section 19.44.040 (Findings) of the City of San Bernardino Development Code requires that
Development Permit applications meet certain findings prior to their approval by the Planning
Commission. Accordingly, the following findings are provided in support of the recommendation
by the Planning Commission for the approval of Development Permit Type-P 20-10:
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 development of retail building is a permitted use within the
Commercial General (CG-1) zone, subject to the approval of a
Development Permit Type-P with the appropriate Conditions of Approval.
The proposal under Development Permit Type-P 20-10 will be developed
in compliance with all of the applicable provisions of the City of San
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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 Commercial General (CG-1) zoning district classification is intended
to provide for the continued use, enhancement, and new development of
retail, personal service, entertainment, offi ce and related commercial uses
along major transportation corridors and intersections to service the needs of
the residents; reinforcing existing commercial corridors and centers and
establishing new locations as residential growth occurs . The proposed
project would allow the development of a commercial retail building
containing approximately 10,542 square feet, which is consistent with the
existing commercial uses within the project vicinity. The project is also
consistent with the following General Plan goal and policies:
Policy 5.7.3 requires that new development maintain
architectural interest and variety through varied rooflines,
building setbacks, and detailed façade treatments, and
maintain a strong sense of project identity through
similarities in façade organization, signage, landscaping,
material use, colors, and roof shapes.
The proposed project implements the above General Plan
policy in that the proposed development includes a new
commercial building that has been designed with high-
quality façade treatments which will provide additional
architectural interest within the existing neighborhood.
Policy 4.1.1 requires that the City seeks out businesses that
create jobs and generate sales tax revenue.
The proposed project would construct a new commercial
retail building that would generate job growth and increase
sales tax revenue.
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 commercial retail building will be
harmonious and compatible with existing and future commercial
development within the surrounding area. The surrounding area consists of
a mixture of residential and commercial uses. Appropriate Conditions of
Approval 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 Commercial
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General (CG-1) zone. 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(6)
of the Development Code.
Finding of Fact: In accordance with the California Environmental Quality Act, the Planning
Division of the Community Development Department evaluated
Development Permit Type-P 20-10 and Minor Exception 21-01, and has
determined that is categorically exempt from CEQA Guidelines, pursuant
to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines
and Conditions of Approval will be imposed to alleviate potential impacts.
Therefore, the proposed project site is in compliance with the
requirements of CEQA and Section 19.20.030(6) of the Development
Code.
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: The project site is located within an urbanized area and is surrounded by
existing development. Therefore, no significant negative impacts on the
environment are anticipated to result from the proposed development.
Finding No. 6: The subject site is physically suitable for the type and density/intensity of
use being proposed.
Finding of Fact: The site is physically suitable for the type and density/intensity of the
project being proposed as evidenced by project compliance with the
applicable Development Code Standards. The proposed building meets all
setback and height requirements, subject to approval of the associated
variance. The size of the project site is adequate to accommodate the
proposed improvements, in compliance with the requirements of the
Development Code.
Finding No. 7 There are adequate provisions for public access, water, sanitation, and
public utilities and services to ensure that the proposed use would not be
detrimental to public health and safety.
Finding of Fact: There are adequate provisions for public access, public utilities, and public
services for the proposed 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
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development. Therefore, subject to the Conditions of Approval, the
proposed development under Development Permit Type-P 20-10 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 commercial retail building conforms to
all applicable development standards and land use regulations of the
proposed Commercial General (CG-1) zone, subject to the concurrent
approval of the associated Minor Exception. Therefore, the design of the
project, in conjunction with the recommended Conditions of Approval,
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. Findings of Fact for Minor Exception 21-01.
Section 19.58.50 of the Development Code requires that Minor Exception applications meet
certain findings prior to the approval by the Planning Commission. Accordingly, the following
findings are provided in support of the approval by the Planning Commission for Minor
Exception 21-01:
Finding No. 1: That there are special circumstances applicable to the property, including
size, shape, topography, location, or surroundings, the strict application of
this Development Code deprives such property of privileges enjoyed by
other property in the vicinity and under identical zone classification.
Finding of Fact: The subject property is located within the Transit Overlay District, directly
across the street from the bus stops and two (2) park-and-ride facilities.
The purpose of the Transit Overlay District is to encourage an appropriate
mix and intensity of land uses in a compact pattern around transit stations
that will foster transit usage, create new opportunities for economic
growth, encourage infill and redevelopment, reduce dependency on the
automobile, improve air quality, and promote high quality, interactive
neighborhoods. The request to reduce the number of on-site parking
spaces provided from thirty-five (35) to thirty-two (32) is in conjunction
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with the pedestrian oriented design that has been implemented to facilitate
the intention of the transit overlay.
Finding No. 2: That granting the Minor Exception is necessary for the preservation and
enjoyment of a substantial property right possessed by other property in
the same vicinity and zone and denied to the property for which the Minor
Exception is sought.
Finding of Fact: The subject property abuts existing residential uses to the east. In
considering the design of the project additional landscaped buffering that
is not typically required for other commercial developments was included
to shield those existing uses and reduce the potential for disturbance to
their property. The granting of the requested parking reduction is
necessary in order to allow the project the room to provide for the
preservation of these existing uses.
Finding No. 3: That granting the Minor Exception will not be materially detrimental to
the public health, safety, or welfare, or injuries to the property or
improvements in such vicinity and zone in which the property is located.
Finding of Fact: The proposed reduction to the required parking spaces will not deprive the
site from having adequate access to and from the site. Therefore, the
project will not have any significant negative impacts upon environmental
quality or natural resources and will not be detrimental to the public
health, safety, or welfare, or injurious to the project site or improvements
in such vicinity and zone in which the project site is located.
Finding No. 4: That granting the Minor Exception does not constitute a special privilege
inconsistent with the limitations upon other properties in the vicinity and
zone in which such property is located.
Finding of Fact: The design of the proposed project will be consistent with the provisions
of the Transit Overlay District in that it will encourage other means of
accessing the property and reduce dependency on the automobile. The
proposed reduction to the provide parking would not constitute a special
privilege that would not otherwise be applicable to other commercial
development within the Transit Overlay District.
Finding No. 5: That granting the Minor Exception does not exceed 10% of the standard(s)
being modified, or allow a use or activity which is not otherwise expressly
authorized by the regulations governing the subject parcel.
Finding of Fact: The Minor Exception is requested for a reduction in the required number
of parking spaces only. The proposed reduction of three (3) parking spaces
from the required thirty-five (35), within the Commercial General (CG-1)
zone, does not exceed ten percent (10%) of the standard being modified.
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Additionally, the proposed uses are within the authorized land use
designation governing the proposed project site.
Finding No. 6: That granting the Minor Exception will not be inconsistent with the
General Plan.
Finding of Fact: The proposed project is consistent with General Plan goals and policies.
General Plan Land Use Policy 2.1.1 states: “Actively enforce development
standards, design guidelines, and policies to preserve and enhance the
character of San Bernardino’s neighborhoods.” The proposed project
would allow for the applicant to develop a new commercial retail building
while adhering to the development standards intended to buffer the
surrounding residential uses. Therefore, the proposed project would be
compatible with surrounding land uses and consistent with the General
Plan.
SECTION 5. Conditions of Approval. The approval of Development Permit Type-D
20-10 and Minor Exception 21-01 shall be subject to the following Conditions of Approval:
1. This approval is to allow the development and establishment of a commercial retail building
containing approximately 10,542 square feet with a nine (9%) percent reduction of the
number of required off-street parking spaces from 35 to 32 spaces on a project site comprised
of two (2) parcels containing a total of approximately 0.83 acres. The project site is located at
3191 North E Street, San Bernardino, CA 92405 (APN(S): 0152-163-18 and 19).
2. The project site shall be developed and maintained in accordance with: (i) the plans stamped
May 5, 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. 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
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: May 5, 2023
4. The review authority may grant a time extension, for good cause, not to exceed twelve (12)
months. The applicant must file an application, the processing fees, and all required submittal
items thirty (30) days prior to the expiration date. The review authority shall ensure that the
project complies with all Development Code provisions in effect at the time of the requested
extension.
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5. 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
6. 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.
7. 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.
8. 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).
9. 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.
10. The project shall comply with all applicable requirements of the Building and Safety
Division, Police Department, Municipal Water Department, Public Works Department, and
the City Clerk’s Office/Business Registration Division.
11. This approval shall comply with the requirements of other outside agencies (i.e., San
Bernardino County Health Department, Division of Environmental Health Services, San
Bernardino County Consolidated Fire District, and California Board of Equalization), as
applicable.
12. 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
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undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and
cleaned up within twenty-four (24) hours of being reported.
13. 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.
14. 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.
15. 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.
16. The project shall construct an 8 foot tall block wall between the project site and any adjacent
residential properties.
17. All conditions of the Public Works Department shall be met to the satisfaction of the City
Engineer.
18. All Conditions of Approval and Standard Requirements shall be implemented and/or
completed prior to final inspection and/or issuance of a Certificate of Occupancy.
Building & Safety Division
19. All plans submitted shall conform to the California Building Code (2019). Please note that
this will include the California Green Building Standards Code.
20. Project shall conform to chapter 3 of the California Building Code (2019).
21. Project shall also conform to the requirements of Chapter 4 of the California Building Code
(2019), Special Details Requirements Based on Use of Occupancy.
22. Provide sprinkler requirements for the occupant load according to California Building Code
(2019).
23. Provide all disabled access requirements and complete details on plans prior to plan review
submittal and conform to Chapter 11A of the California Building Code (2019).
24. There shall be a formal plan submittal prior to all issuance of permits.
25. Refer to chapter 7 of the California Building Code (2019) for Fire/Smoke Protection
Requirements.
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Public Works Department
26. 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 ex pense, and right-of-
way dedicated as necessary.
b) The development is located within Zone X of the Federal Insurance Rate Maps on
booklet # 06071C7945H with year 08/28/2008.
c) 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.
d) If site drainage is to be outlet into the public street, the drainage shall be conveyed
through a parkway culvert constructed in accordance with City Standard No. 400.
Conveyance of site drainage over the Driveway approaches will not be permitted.
e) 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.
f) 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 is required prior to grading permit issuance.
g) 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.
27. 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) If the grading plan indicates export or import, the source of the import material or the site
for the deposition of the export shall be noted on the grading plan. Permit numbers shall
be noted if the source or destination is in the City of San Bernardino.
c) 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.
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d) 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.
e) 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.
f) The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing
No. 508 with an accessible path of travel. The minimum size of the refuse enclosure 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.
g) 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.
h) 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.
i) 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.
j) 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.
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k) 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. All
accessible parking spaces shall be a minimum of 18 feet by 9 feet net.
l) 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.
m) The public right-of-way, between the property line and top of curb (also known as
“parkway”) along adjoining streets shall be landscaped by the developer and maintained
in perpetuity by the property owner. Details of the parkway landscaping shall be included
in the project’s on-site landscape plan.
n) A Demolition Permit is required for the demolition of the existing structures on the
project site. A record of the square-footage for each of the structures shall be recorded for
credit towards the Impact Fees.
o) A Lot Merger is required for this project. The Lot Merger shall be recorded prior to
Building Permit issuance. The applicant is directed to the City’s web page at
http://www.sbcity.org – Departments – Public Works – Submittal Requirements for
submittal requirements.
28. 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 flo or elevation
below the rim elevation of the nearest upstream manhole.
d) This project is located in the sewer service area maintained by the City of San Bernardino
Municipal Water Department. Therefore, any necessary sewer main extension shall be
designed and constructed in accordance to the requirements of SBMWD.
e) All on-site Utility services shall be placed underground and easements provided as
required.
f) Existing on-site Utilities which interfere with new construction shall be relocated at the
Developer's expense as directed by the City Engineer.
29. 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
property line and placement of the curb line (C.L.) in relation to the street centerline shall
be as follows:
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Street Name Right of Way (feet)
From Centerline
Curb Line (feet)
From Centerline
“E” Street
(0152-163-19)
41.25’ Existing
8.75’ Dedication
for a total ½ width of 50’
“Major Arterial”
32’ Existing
None-Proposed
(Future 36’ to 40’)
Per General Plan
Marshall Boulevard
(0152-163-18 and
0152-163-19)
50’ Existing
No Dedication
for a total ½ width of 50’
“Major Arterial”
32’ Existing
None-Proposed
(Future 36’ to 40’)
Per General Plan
b) “E” Street:
i) The street shall be rehabilitated to meet the requirements detailed in a soils report
based on the “R” value of the subgrade and the traffic Index. The City’s has a
minimum of 2” Grind and Overlay; However the Soils Report may indicate a
thicker or different improvement.
ii) All striping shall be thermoplastic paint per section 84 of the Caltrans
specifications.
iii) The existing curb & gutter, sidewalk, and driveway fronting the site has areas in
need of repair or do not meet the current ADA requirements, Replace the damaged,
cracked problem panels per city requirements.
iv) Remove existing driveways that are not being used under the project plans and
replace with Curb Gutter and Sidewalk per city Standards.
v) The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass
and Truncated Domes, as directed by the City Engineer.
vi) An ADA Ramp shall be constructed at corner in accordance with the SPPWC
(Standard Plans for Public Works Construction) or Caltrans Standard plans A88A,
as directed by the City Engineer.
vii) Construct Commercial Driveway Approach per City Standard No. 204, Type II,
including an accessible by-pass around the top of the drive approach. No
Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
viii) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and
Gutter per City Standard No. 200, type “B”.
ix) Construct 8" Curb transition from existing to match new curb and gutter for
approach or departure traffic safety and drainage as approved by the City Engineer.
x) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City
Standard No. 202; Case "A" (6’ wide adjacent to curb).
xi) Remove existing streetlights from SCE, as directed by City Engineer.
xii) Install LED Street Lights System adjacent to the site in accordance with City
Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light plan shall be
submitted in accordance with the City of San Bernardino Street Lighting Design
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Resolution No. 2021-101
Policies. Install ID Plate on Street light pole. Connect to Existing Street Light
System, as Directed by City Traffic Engineer.
xiii) No Parking will be allowed on “E” Street, install signs per city standards
xiv) 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.
Marshall Boulevard:
xv) The street is in fair condition and no ac improvements are needed at this time.
xvi) Should striping be needed, All striping shall be thermoplastic paint per section 84
of the Caltrans specifications.
xvii) The existing curb & gutter, sidewalk, and driveway fronting the site has areas in
need of repair or do not meet the current ADA requirements, Replace the damaged,
cracked problem panels per city requirements.
xviii) Remove existing driveways that are not being used under the project plans and
replace with Curb Gutter and Sidewalk per city Standards.
xix) The corner shall be a 35’ Radius including a compliant ADA ramp with By-Pass
and Truncated Domes, as directed by the City Engineer.
xx) Construct Commercial Driveway Approach per City Standard No. 204, Type II,
including an accessible by-pass around the top of the drive approach. No
Driveways closer than 100’ from BCR/ECR as directed by the City Engineer.
xxi) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and
Gutter per City Standard No. 200, type “B”.
xxii) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City
Standard No. 202; Case "A" (6’ wide adjacent to curb).
xxiii) An ADA Ramp shall be constructed at corner in accordance with the SPPWC
(Standard Plans for Public Works Construction) or Caltrans Standard plans A88A,
as directed by the City Engineer.
xxiv) Remove existing streetlights from SCE, as directed by City Engineer and Install
LED Street Lights System adjacent to the site in accordance with City Standard
No’s. SL-1, SL-2, and SL-3. Also, a separate light plan shall be submitted in
accordance with the City of San Bernardino Street Lighting Design Policies. Install
ID Plate on Street light pole. Connect to Existing Street Light System.
xxv) Underground existing Poles, as directed by City Engineer.
xxvi) Remove or Underground existing non-electrical (Non-SCE) Poles, as directed by
the City Engineer.
xxvii) 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.
xxviii) No Parking will be allowed on Marshall Boulevard, install signs per city
standards
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Packet Pg. 60 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
xxix) 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).
c) 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)
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.
d) 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.
e) 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.
f) Any pavement works affecting the traffic loop detectors shall be coordinated and
subjected to Public Works Traffic Division requirements.
g) 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.
h) The above conditions shall comply with current codes, policies, and standards at time of
construction.
i) Prior to Certificate of Occupancy or Completion of Project all As-builts shall be
submitted to Public Works.
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Packet Pg. 61 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
30. Traffic Requirements
a) Public Works reviewed the traffic scope approval form and determined based on the
number of trips generated by the project there will be no impacts since the project will
generate less than 50 trips am/pm peak. The Vehicle Miles Traveled (VMT) screening
will not require a detailed screening analysis since the project type screening is local
serving project that is less than 50,000 square feet.
31. Integrated Solid Waste Management
a) 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) The Site Plan dated 10/28/20 identifies a single refuse enclosure located in the southeast
corner of the property. It is accessed by a looped driveway with a minimum width of 26
feet. The proposed enclosure location meets Burrtec Waste minimum requirements for
location and accessibility.
c) The refuse enclosure dimensions are not provided. Meet or exceed the City’s Standard
Plan 508 Refuse Enclosure minimum interior dimensions of 8’x15’ for container storage.
d) Consult with the Building & Safety Division regarding any required ADA modifications
to be made to the refuse enclosure. The minimum interior dimensions of 8’x15’ for
container storage must still be met.
e) Standard commercial collection services for trash and mixed recyclables will be
provided. Should participation in a food waste recycling program be required per
Assembly Bill 1826, one or more containers for food waste may be needed.
f) 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.
g) If gated provide access by means of a key, code, or remote.
h) Assembly Bill 341 Mandatory Commercial Recycling ma y apply.
i) Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply.
j) Upon completion, service is provided through the City of San Bernardino’s exclusive
franchised hauler Burrtec Waste Industries, Inc.
32. Required Engineering Plans
a) A complete submittal for plan checking shall consist of:
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),
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Packet Pg. 62 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
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,),
CFD Plans are required, they shall include Landscaping, Irrigation, Basins, etc. that
are included in the CFD that are not listed in the plans above.
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 and demolition plan),
on-site improvement plans and on-site landscaping and irrigation,
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)
b) All off-site improvement plans submitted for plan check shall be prepared on the City’s
standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his
designee shall be provided.
c) After completion of plan checking, final mylar drawings, stamped and signed by the
Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or
Building Official for approval.
d) Copies of the City’s design policies and procedures and standard drawings are available
at the Public Works Counter for the cost of reproduction. They are also available at no
charge at the Public Works Web Site at http://www.sbcity.org
33. Required Engineering Permits
a) Grading permit.
b) On-site improvements construction permit (except buildings - see Community and
Economic Development Department – Building and Safety Division), including
landscaping.
c) Off-site improvement construction permit.
d) Demolition permit shall be processed through Building and Safety.
34. 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
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Packet Pg. 63 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
San Bernardino County Consolidated Fire District
35. Access. The development shall have a minimum of two (2) 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.
36. Additional Requirements. 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.
37. Building Plans. Building plans shall be submitted to the Fire Department for review and
approval.
38. Combustible Protection. 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.
39. Commercial Addressing. 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.
40. Fire Alarm - Automatic. 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.
41. Fire Extinguishers. Hand portable fire extinguishers are required. The location, type, and
cabinet design shall be approved by the Fire Department.
42. Fire Lanes. 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.
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Resolution No. 2021-101
43. Fire Safety Overlay. The County General Plan designates this property as being within the
Fire Safety Review Area and all future construction shall adhere to all applicable standards
and requirements of the overlay district.
44. Fire Sprinkler-NFPA #13. 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.
45. Inspection by the Fire Department. 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”.
46. Jurisdiction. 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.
47. Key Box. 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.
48. Permit Expiration. 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.
49. Primary Access Paved. 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.
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Packet Pg. 65 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
50. Secondary Access Paved. 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.
51. 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.
52. The project shall be subject to the following Fire Department Standards:
a) Standard A-1 FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND
MAINTENANCE – This standard shall apply to the design, construction and
maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire
apparatus access roads at existing facilities when applied at the discretion of the fire code
official.
b) Standard A-2 FIRE APPARATUS ACCESS ROAD DESIGNATION AND MARKING
– This standard applies to the marking of all Fire Department access roadways for new
construction and development. Existing roadways identified as fire access roadways or
otherwise required for emergency access shall also be marked per this standard.
c) Standard A-4 FIRE DEPARTMENT ACCESS KEY BOXES – This standard shall apply
to all fire personnel access key boxes on all new and existing residential, commercial, and
industrial developments and structures as determined by the Fire Code Official using the
criteria set forth in this standard.
d) Standard B-1 PREMISE AND BUILDING IDENTIFICATION AND ADDRESSING –
This standard applies to the marking of all buildings with address numbers for
identification.
e) Standard B-2 CONSTRUCTION SITE FIRE SAFETY – This standard establishes
minimum requirements for fire safety during construction and demolition. This document
shall not be construed to be in lieu of any other applicable State or Federal law or
regulation related to construction site safety. The general contractor or other designee of
the building owner shall be responsible for compliance with these standards.
f) Standard F-1 FIRE SPRINKLER SYSTEMS IN COMMERCIAL AND INDUSTRIAL
BUILDINGS – This standard, in conjunction with the latest edition of NFPA 13, shall
apply to the design and installation of, and the modification to, all fire sprinkler systems
in commercial and industrial occupancies. This standard and its interpretation is not
intended to be applied or enforced where there is any conflict with NFPA 13 or the
California Fire Code.
g) Standard F-4 POST INDICATOR VALVES AND FIRE DEPARTMENT
CONNECTIONS – This standard, in conjunction with the latest edition of NFPA 13,
NFPA 13R and NFPA 24, shall apply to the design and installation of, and the
modification to, all new and existing fire sprinkler systems in commercial and industrial
buildings and multi-family dwellings. This standard and its interpretation shall take NOT
precedent where there is any conflict with NFPA standards.
6.a
Packet Pg. 66 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
h) Standard F-5 DESIGN, INSTALLATION, AND MAINTENANCE OF FIRE ALARM
SYSTEMS – This standard applies to all new installations and modifications of existing
fire alarm systems, within new construction as well as building additions and tenant
improvements within existing buildings. This standard and its interpretation is not
intended to be applied or enforced where there is any conflict with NFPA 72 or the
California Fire Code.
53. Surface. 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.
54. Turnaround. An approved turnaround shall be provided at the end of each roadway one
hundred and fifty (150) feet or more in length. Cul-de-sac length shall not exceed six
hundred (600) feet; all roadways shall not exceed a 12 % grade and have a minimum of
forty-five (45) foot radius for all turns. In the Fire Safety Overlay District areas, there are
additional requirements.
55. Water System Commercial. 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. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured
along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a
structure.
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 final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
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, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
6.a
Packet Pg. 67 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
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
6.a
Packet Pg. 68 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Resolution No. 2021-101
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. ____, adopted 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
6.a
Packet Pg. 69 Attachment: Attachment 1 - Resolution 2021-101 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
76' x 140'10640 SF Prototype E+HVAC On RoofPROPOSED PARCEL(0.83 AC)W. MARSHALL BLVD.NORTH E. STREET
1
2
2
7
'
1227'1226'1225'1225'1224'1224'1223'
1
2
2
6
'
1227'1227'1227'1228'
1227'1228'1227'1226'1226'1225'GRADING PLAN2 OF 3A.M.R.10/12/20D.C.DOLLAR GENERALSAN BERNARDINO,CA.3191 N. E. STREET010'20'40'Scale: 1" = 20'Cut/Fill SummaryNameSurface5TotalsCut Factor1.000Fill Factor1.2502d Area33374.35 Sq. Ft.33374.35 Sq. Ft.Cut819.61 Cu. Yd.819.61 Cu. Yd.Fill72.23 Cu. Yd.72.23 Cu. Yd.Net747.38 Cu. Yd.<Cut>747.38 Cu. Yd.<Cut>6.bPacket Pg. 70Attachment: Attachment 2 - Resolution 2021-101; Exhibit A (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
76' x 140'
10640 SF Prototype E+
HVAC On Roof
PROPOSED PARCEL
(0.83 AC)
W. MARSHALL BLVD.NORTH E. STREETBUILDING SETBACKS:
FRONT:10'
SIDE: 0'
REAR:0'
REQUIRED PARKING:
1 SPACE PER 300 SQ FT
10542/ 300 = 35.14 SPACES
32 SPACES PROVIDED
MINIMUM DIMENSIONS
DRIVE AISLE REQUIRED: 26'
STD. STALLS: 9 'X 19'
JURISDICTION:
CITY OF SAN BERNARDINO, CA
HEAVY DUTY AC
LIGHT DUTY AC
LANDSCAPE
LEGEND:
SCALE:1"=50'
DESIGNER
CO.:
NAME:
PHONE #:
ACREAGE:
REQ'D. PARKING SPACES:
DEVELOPER
NAME:
PHONE #:
CO.:NNN RETAIL DEVELOPMENT
DATE:
BLDG/SALES SF:
PROTOTYPE:
858-354-0007
DAVID CHURCH
35
10,640 /8,513
NORTH3191 N E ST,
SAN BERNARDINO, CA 92405
0.83
10640 E +
NNN RETAIL DEVELOPMENT
858-354-0007
DAVID CHURCH
10-28-20
1.Site layout based on aerial data only.
Lot lines and property dimensions
need to be verified by ALTA/ACSM
survey.
2.Landscape, utility, drainage, and
signage requirements have not been
reviewed.
3.Current zoning is: CG-1
NOTES & ISSUES:
HEAVY DUTY PCC
PRELIMINARY SITE PLAN 6.b
Packet Pg. 71 Attachment: Attachment 2 - Resolution 2021-101; Exhibit A (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
SODACOOLERSODA
COOLER
SNACK
SHACK
STARBUCKS
COOLERS
21
SAFE
PS PS 3 PS
24"
FL-35WC
MT DEW
VR-10
COKE
FL-35WC
PEPSI
CHECKOUT SCENARIO SC10 QUEUE LONG LEFT NO BELT
21
SAFE
PS PS 3 PS
24"
FL-35WC
MT DEW
VR-10
COKE
FL-35WC
PEPSI
CHECKOUT SCENARIO SC10 QUEUE LONG LEFT NO BELTGATORADECOOLERFROZENSINGLE SERVENESTLE2A24A23A21A2CONC. SIDEWALK, SEESITE PLANDECORATIVE TRELLIS140'-8"76'-8"WALL-MOUNTEDELECTRICAL SERVICEDECORATIVE TRELLISDECORATIVE TRELLISCMU COLUMN AT ENTRYRECESSED ENTRY W/ALUMINUM STOREFRONTSALES FLOOR EGRESS DOORRECEIVINGAREA DOORDECORATIVE TRELLISDECORATIVETRELLISKM Architecture, Inc.A Full Service Architectural Practice3987 Missouri Flat Road, Suite 340-345Placerville, CA 95667(530)344-4073These drawings are instruments of service and are the property of KMStudios. All designs and other information on the drawings are for the useon the specified project and shall not be used otherwise without theexpressed written permission of KM Studios.Written dimensions on these drawings shall have precedence over scaleddimensions. Contractors shall verify and be responsible for all dimensionand conditions on the job site, and this office shall be notified of anyvariations from the dimensions and conditions as shown on these drawings.Copyrighted _______________________________________________________________SAN BERNARDINO3191 N E STSAN BERNARDINO, CA 92405kMarchitectureDESIGN CONCEPTFORDOLLAR GENERALKM Architecture, Inc. 2020 All Rights ReservedALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF KM ARCHITECTURE, INC. AND MAY NOT BE DUPLICATED WITHOUT WRITTEN CONSENT OF KM ARCHITECTURE, INC.SCALE:1/8"=1'-0"FLOOR PLAN1A1FLOOR PLANA1NORTH6.bPacket Pg. 72Attachment: Attachment 2 - Resolution 2021-101; Exhibit A (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
EIFS/STUCCO FINISHCHANNEL LETTERBUILDING SIGNSPLIT FACE CMUWAINSCOT, TYP.ADDRESS #DBACDBAC654321654321SPLIT FACE CMUPILASTERRTU BEYONDDECORATIVE EPSCORNICEWALL MOUNTED AREALIGHT WITH TENONWALL MOUNTED AREALIGHT WITH TENONDOWNSPOUT, PAINTED TOMATCH ADJACENT WALLCOPING TO MATCHADJACENT WALLEIFS/ STUCCO FINISHRECESSED ENTRANCE W/ALUMINUM STOREFRONTSPLIT FACE CMUWAINSCOT, TYP.EIFS/ STUCCO FINISHCHANNEL LETTERBUILDING SIGNDECORATIVE TRELLIS TOSUPPORT VINE PLANTINGS, TYP(2) THIS ELEVATIONWOOD AWNING TRELLISADDRESS #WOOD AWNING TRELLISDECORATIVE TRELLIS TOSUPPORT VINE PLANTINGSWOOD AWNING TRELLISELEC.TELKM Architecture, Inc.A Full Service Architectural Practice3987 Missouri Flat Road, Suite 340-345Placerville, CA 95667(530)344-4073These drawings are instruments of service and are the property of KMStudios. All designs and other information on the drawings are for the useon the specified project and shall not be used otherwise without theexpressed written permission of KM Studios.Written dimensions on these drawings shall have precedence over scaleddimensions. Contractors shall verify and be responsible for all dimensionand conditions on the job site, and this office shall be notified of anyvariations from the dimensions and conditions as shown on these drawings.Copyrighted _______________________________________________________________SAN BERNARDINO3191 N E STSAN BERNARDINO, CA 92405kMarchitectureDESIGN CONCEPTFORDOLLAR GENERALKM Architecture, Inc. 2020 All Rights ReservedALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF KM ARCHITECTURE, INC. AND MAY NOT BE DUPLICATED WITHOUT WRITTEN CONSENT OF KM ARCHITECTURE, INC.SCALE:1/8"=1'-0"SOUTH ELEVATION1A2SCALE:1/8"=1'-0"NORTH ELEVATION2A2SCALE:1/8"=1'-0"EAST ELEVATION3A2SCALE:1/8"=1'-0"WEST ELEVATION4A2EXTERIOR ELEVATIONSA26.bPacket Pg. 73Attachment: Attachment 2 - Resolution 2021-101; Exhibit A (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Anodized Aluminum Entry Door
Split Face CMU
EIFS/ STUCCO - Color 3
Color: SHERWIN-WILLIAMS - Light Stone
EIFS/ STUCCO - Color 2
Color: SHERWIN-WILLIAMS - Backdrop
EIFS/ STUCCO - Color 1
Color: SHERWIN-WILLIAMS - Well-Bred Brown
ADDRESS #
D B AC
DBAC
6 5 4 3 2 1
654321
ADDRESS #
ELEC.
TEL
KM Architecture, Inc.
A Full Service Architectural Practice
3987 Missouri Flat Road, Suite 340-345
Placerville, CA 95667
(530)344-4073
These drawings are instruments of service and are the property of KM
Studios. All designs and other information on the drawings are for the use
on the specified project and shall not be used otherwise without the
expressed written permission of KM Studios.
Written dimensions on these drawings shall have precedence over scaled
dimensions. Contractors shall verify and be responsible for all dimension
and conditions on the job site, and this office shall be notified of any
variations from the dimensions and conditions as shown on these drawings.
Copyrighted _______________________________________________________________
SAN BERNARDINO
3191 N E ST
SAN BERNARDINO, CA 92405
kMarchitecture
DESIGN CONCEPT
FOR
DOLLAR GENERAL
KM Architecture, Inc. 2020 All Rights ReservedALL DRAWINGS AND WRITTEN MATERIAL APPEARING HEREIN CONSTITUTE ORIGINAL AND UNPUBLISHED WORK OF KM ARCHITECTURE, INC. AND MAY NOT BE DUPLICATED WITHOUT WRITTEN CONSENT OF KM ARCHITECTURE, INC.SCALE:1/8"=1'-0"
SOUTH ELEVATION1
A2
SCALE:1/8"=1'-0"
NORTH ELEVATION2
A2
SCALE:1/8"=1'-0"
EAST ELEVATION3
A2
SCALE:1/8"=1'-0"
WEST ELEVATION4
A2
EXTERIOR COLOR
ELEVATIONS
A3
6.b
Packet Pg. 74 Attachment: Attachment 2 - Resolution 2021-101; Exhibit A (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.b
Packet Pg. 75 Attachment: Attachment 2 - Resolution 2021-101; Exhibit A (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 76 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 77 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 78 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 79 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 80 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 81 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.c
Packet Pg. 82 Attachment: Attachment 3 - Application for Appeal 21-01 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
6.d
Packet Pg. 83 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 84 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 109 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 110 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 111 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 112 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 113 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 114 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 115 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 116 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 117 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 118 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 119 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 120 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 121 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 122 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 123 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 124 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 125 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 126 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 127 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 128 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 129 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 130 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
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Packet Pg. 131 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 132 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 133 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 134 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
6.d
Packet Pg. 135 Attachment: Attachment 4 - Planning Commission Staff Report and Resolution 2021-006 dated March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-
City of San Bernardino
290 North D Street
San Bernardino, CA 92401
http://www.sbcity.org
Planning Commission of the City of San Bernardino Page 1 March 24, 2021
MINUTES
FOR THE
PLANNING COMMISSION
OF THE CITY OF SAN BERNARDINO
MARCH 9, 2021
WEB CONFERENCE – VIA ZOOM
CALL TO ORDER
The Meeting of the Planning Commission of the City of San Bernardino was called to
order by Elizabeth Sanchez at 6:00pm, March 9, 2021, via Zoom Web Conference, San
Bernardino, CA.
PLEDGE OF ALLEGIANCE
ROLL CALL
Attendee Name Title Status Arrived
Monique Guerrero Commissioner, Ward 1 E
Amelia S. Lopez Commissioner, Ward 2 E
Elizabeth Sanchez Commissioner, Ward 3 P X
Larry Quiel Commissioner, Ward 4 P X
Jesus F. Flores Commissioner, Ward 5 P X
Anthony Jones Commissioner, Ward 6 P X
Ronnie E. Lewis III Commissioner, Ward 7 P X
Helen Chang Commissioner, Mayor’s Appointee P X
Harmoni Morales Commissioner, Mayor’s Appointee L 7:30pm
Oliver Mujica Staff Liaison P X
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Chairperson Elizabeth Sanchez
Vice Chairperson Anthony Jones
Commissioners
Monique Guerrero
Amelia Lopez
Larry Quiel
Aron Liang
Edward Woolbert
Helen Chang
Carlos Jaramillo
6.e
Packet Pg. 136 Attachment: Attachment 5 - Planning Commission Minutes of March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Regular Meeting Minutes March 9, 2021
Planning Commission of the City of San Bernardino Page 2 March 24, 2021
CONSENT CALENDAR
1. Approval of Draft Minutes
Motion: Approve the minutes of the Meeting of February 9, 2021
RESULT: APPROVED
MOVER: Vice Chair Jones
SECONDER: Commissioner Lewis
ABSTAIN: Quiel
AYES: Sanchez, Flores, Jones, Lewis and Chang
ABSENT: Guerrero, Lopez, Morales
PUBLIC HEARINGS
2. Condition Use Permit 19-02
A request to allow the development, establishment and operation of a wireless
telecommunication facility with a sixty-five (65) foot tall tower camouflaged as a
mono-elm and the associated ground-mounted equipment on a parcel containing
approximately 0.14 acres.
Chair Sanchez opened the hearing.
Motion: Staff recommended that the Planning Commission continue this
item to the Planning Commission meeting of April 13, 2021.
RESULT: CONTINUED
MOVER: Vice Chair Jones
SECONDER: Commissioner Quiel
AYES: Sanchez, Quiel, Flores, Jones, Lewis and Chang
ABSENT: Guerrero, Lopez, Morales
Chair Sanchez left the meeting at 6:58pm
6.e
Packet Pg. 137 Attachment: Attachment 5 - Planning Commission Minutes of March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Regular Meeting Minutes March 9, 2021
Planning Commission of the City of San Bernardino Page 3 March 24, 2021
3. Conditional Use Permit 21-01
A request to allow the development, establishment and operation of a restaurant with a
drive-thru containing approximately 2,050 square feet on a parcel containing
approximately 0.98 acres.
Chair Sanchez opened the hearing.
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2021-005 approving Conditional Use Permit 21-01,
based on the Findings of Fact and subject to the recommended
Conditions of Approval; and finding the project subject to a
Categorical Exemption under the California Environmental Quality
Act.
RESULT: APPROVED
MOVER: Commissioner Quiel
SECONDER: Vice Chair Jones
ABSTAIN: None
AYES: Sanchez, Quiel, Flores, Jones, Lewis and Chang
ABSENT: Guerrero, Lopez, Morales
Chair Sanchez left the meeting at 7:06pm
4. Development Permit Type-P 20-01 & Minor Exception 21-01
A request to 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) Third Street Land Use District 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.
Vice Chair Jones opened the hearing.
Public Speakers:
Deborah Blanco - Voicemail
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2021-006 Development Type-P 20-10 and Minor
Exception 21-01, based on the Findings of Fact and subject to the
recommended Conditions of Approval, and finding the project
subject to a Categorical Exemption under the California
Environmental Quality Act.
6.e
Packet Pg. 138 Attachment: Attachment 5 - Planning Commission Minutes of March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Regular Meeting Minutes March 9, 2021
Planning Commission of the City of San Bernardino Page 4 March 24, 2021
RESULT: APPROVED
MOVER: Vice Chair Jones
SECONDER: Commissioner Chang
ABSTAIN: None
AYES: Jones, Lewis and Chang
NOES: Flores & Quiel
ABSENT: Guerrero, Lopez, Morales
5. Subdivision 20-05 (Tentative Parcel Map 20309) and Conditional Use
Permit 20-13
A request to allow the subdivision of a parcel containing approximately 3.50 acres
into three (3) parcels containing approximately 1.25 acres (Parcel1), 1.02 acres
(Parcel 2) and 1.13 acres (Parcel 3), and the development, establishment and
operation of a service station with six (6) fueling pump islands with twelve (12)
fueling pump stations and a convenience store with an Alcoholic Beverage Control
Type-20 (Off-Sale Beer and Wine) License containing approximately 4,650 square
feet (Parcel 1), restaurant with drive-thru containing approximately 3,000 square feet
(Parcel 2), and restaurant with drive-thru containing approximately 2,000 square feet
(Parcel 3).
Vice Chair Jones opened the hearing.
Motion: Staff recommended that the Planning Commission adopt
Resolution No. 2021-007 approving Subdivision 20-05 (Tentative
Parcel Map 20279) and Conditional Use Permit 20-13, based on
the Findings of Fact and subject to the rec ommended Conditions of
Approval, and finding the project subject to a Categorical
Exemption under the California Environmental Quality Act.
RESULT: APPROVED
MOVER: Vice Chair Jones
SECONDER: Commissioner Lewis
ABSTAIN: None
AYES: Quiel, Flores, Jones, Lewis and Chang
ABSENT: Guerrero, Lopez, Morales
NON-PUBLIC NEARING
6.e
Packet Pg. 139 Attachment: Attachment 5 - Planning Commission Minutes of March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Regular Meeting Minutes March 9, 2021
Planning Commission of the City of San Bernardino Page 5 March 24, 2021
PLANNING COMMISSION REPORTS / ANNOUNCEMENTS
Vice-Chair Jones – Introduction of the new Planning Commissioner Ronnie E. Lewis.
Albert Maldonado, BBK – Spoke about Public Integrity Guides
DIRECTOR’S REPORT
ADJOURNMENT
The meeting adjourned at 9:05pm.
The next Regular Meeting of the Planning Commission will be held on Tuesday,
March 9, 2021 at 6:00pm Via Zoom Web Conference, San Bernardino,
California 92401.
By: __________________________
Stephanie Sanchez
6.e
Packet Pg. 140 Attachment: Attachment 5 - Planning Commission Minutes of March 9, 2021 (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
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
APPEAL 21-01 FOR DEVELOPMENT PERMIT TYPE-P 20-10 AND MINOR
EXCEPTION 21-01
04/24/2021
Publication
Total
$200.20
$200.20
Notice Type:
Ad Description
COPY OF NOTICE
3464301
!A000005700845!
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 Ma yor and City
Council will hold a public hearing on
Wednesday,May 5,2021 at 7:00
p.m.,Web Conference via Zoom,
San Bernardino,California 92401,on
the following item(s):
APPEA L 21-01 FOR
DEVE LOPMENT PERMIT TYPE-
P 20-10 A ND MINOR EXC EP T ION
21-01 ---An appeal of the Planning
Commission's approval of
Development Permit Type-P 20-10
and Minor Exception 21-01 for the
development and establishment of a
commercial retail building
containing approximately 10,542
square feet with a nine (9%)percent
reduction of the number of required
off-street parking spaces from 35 to
32 spaces on a project site comprised
of two (2)parcels containing a total
of approximately 0.83 acres.The
project site is located at 3191 North
E Street,within the Commercial
General (CG-1)zone and Transit
District (TD)overlay.
Environmental Determination:
Categorically Exempt,pursuant to
§15332 (In-Fill Development
Projects)of the State CEQA
Guidelines
Owner:Eduardo Reyes and PDRC
Property,Inc.
Applicant:NNN Retail
Development
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
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.
4/24/21
SBS-3464301#
6.f
Packet Pg. 141 Attachment: Attachment 6 - Public Hearing Notofication (7222 : Appeal 21-01 for DP-P 20-10 & ME 21-01 (Ward 7))
Appeal 21-01
For Development Permit Type-P 20-10 and Minor Exception 21-01
Presented by Travis Martin, Associate Planner
Community and Economic Development Department
6.g
Packet Pg. 142 Attachment: CED.AP21-01.DP-P20-10.EStreetCommercial.PowerPoint (7222 : Appeal 21-01 for DP-P 20-10
Background:
§Retail Building
§3191 North E Street
§Southeast corner of North E Street and W.Marshall Boulevard
§0.83 Acres
§Commercial General (CG-1)and Tr ansit Overlay District (TD)
6.g
Packet Pg. 143 Attachment: CED.AP21-01.DP-P20-10.EStreetCommercial.PowerPoint (7222 : Appeal 21-01 for DP-P 20-10
Aerial Map:
PROJECT SITE
6.g
Packet Pg. 144 Attachment: CED.AP21-01.DP-P20-10.EStreetCommercial.PowerPoint (7222 : Appeal 21-01 for DP-P 20-10
Zoning Map:
PROJECT SITE
6.g
Packet Pg. 145 Attachment: CED.AP21-01.DP-P20-10.EStreetCommercial.PowerPoint (7222 : Appeal 21-01 for DP-P 20-10
Analysis:
§10,542 Square Foot Retail Building
§Driveway Access from W.Marshall Boulevard and South Street
§32 Parking Spaces Provided
§35 Required
§9%Reduction (3 Parking Spaces)
6.g
Packet Pg. 146 Attachment: CED.AP21-01.DP-P20-10.EStreetCommercial.PowerPoint (7222 : Appeal 21-01 for DP-P 20-10
Analysis:
§“General Merchandise”retailer permitted “by-right”in Commercial
General (CG-1)zone
§Site development subject to Development Permit approval by the
Planning Commission when abutting residential zone
6.g
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Existing Site:
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Existing Site:
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Site Plan:
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Elevations:
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Landscaping Plan:
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Planning Commission Action:
§March 9,2021 –Staff presented a recommendation of approval to the
Planning Commission for Development Permit Ty pe-P 20-10 and Minor
Exception 21-01
§The Planning Commission voted to approve the project (3-2)
§Resolution No.2021-006 was adopted,approving Development Permit
Ty pe-P 20-10 and Minor Exception 21-01
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Recommendation:
DENYING Appeal 21-01,thereby upholding the Planning
Commission’s approval of Development Permit Ty pe-P 20-
10 and Minor Exception 21-01.
The Mayor and City Council adopt resolution No. 2021-XXX:
1.
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Watson, Animal Services Director
Subject: Best Friends Grant Acceptance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-102, accepting a grant award in the amount of
$45,000 from Best Friends Animal Society for Animal Shelter Programs and
Services and delegating authority to the City Manager to conduct all negotiations
signings and submittals of all necessary documents to receive the grant award;
and
2. Authorize the Director of Finance to amend the FY 2020/21 Budget to
appropriate $22,500 of the grant funding for animal shelter programs and
services.
Background
In November 2020, the Department of Animal Services entered into a formal agreement
with Best Friends Animal Society to evaluate current operations in the Department and
to make recommendations for programs and services. Best Friends returned with
recommendations to help the department establish sustainable programming for cats in
an effort to increase the number of cats the shelter was able to save annually.
Discussion
In calendar year 2020, the department’s save rate for cats was 74%. Although this was
an improvement from the 2019 save rate of 54%, the assessment from Best Friends
identified some additional services the shelter could offer to impro ve the number of cats
exiting the shelter to live outcomes.
The grant funds offered by Best Friends will cover the additional programs designed to
address the specific needs of kittens and neighborhood cats . Below is a breakdown of
the services covered by the grant with the funding totals.
Sterilization and Vaccinations for Kittens $20,000
Medical care for treatable conditions in Kittens $10,000
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Supplies for Foster Caretakers $10,000
Marketing Materials for Programs $3,000
Nuisance Mitigation $1,000
Supplies to Support Working Cat Programs $1,000
Total: $45,000
Previously, the department has transferred all underage kittens to non -profit rescue
partners. In 2020, almost 700 underage kittens were transferred out to other agencies.
When these partner agencies reach capacity and are unable to accommodate additional
kittens, options for live outcomes are limited. By establishing and supporting foster
caretakers in the community, the department would relieve the burden on our rescue
partners, resulting in an increase of both adoptions to the public from the shelter as well
as live outcomes for cats in our care.
The funding for marketing in the grant will ensure we are able to recruit foster
caretakers from the community, increasing engagement with the department amongst
residents. The foster families would care for kittens and return them for adoption when
the kittens reach eight weeks of age or when they have recovered from a treatable
medical condition. The department would support the foster careta kers through the
purchase supplies to support the animals in their care, including formula, food and litter.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 2: Focused, Aligned Leadership and
Unified Community through the opportunity for increased community engagement at the
shelter; and Key Target No. 3: Improved Quality of Life by expanding services available
to the public and homeless pets.
Fiscal Impact
FINANCIAL
DATA
Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost
COST $ 22,500 $ 22,500 $ 45,000 $ N/A
GENERAL FUND
SHARE
$ 0 $ 0 $ 0 $ 0
SOURCE OF FUNDS: Best Friends Grant funds will cover cost
of programming.
Budget Adjustment: Yes
For Fiscal Year: 20/21
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-102, accepting a grant award in the amount of
$45,000 from Best Friends Animal Society for Animal Shelter Progra ms and
Services and delegating authority to the City Manager to conduct all negotiations
signings and submittals of all necessary documents to receive the grant award;
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and
2. Authorize the Director of Finance to amend the FY 2020/21 Budget to
appropriate $22,500 of the grant funding for animal shelter programs and
services.
Attachments
Attachment 1 Resolution 2021-102
Attachment 2 Best Friends Grant Agreement
Ward: All
Synopsis of Previous Council Action: N/A
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RESOLUTION NO. 2021-102
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DEPARTMENT OF ANIMAL
SERVICES TO ACCEPT A GRANT FROM BEST FRIENDS
ANIMAL SOCIETY
WHEREAS, the City of San Bernardino Department of Animal Services has been
approved for grant funding by Best Friends Animal Society; and
WHEREAS, the City is working to increase the save rate for cats; and
WHEREAS, the grant funding would support the City in its efforts.
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 Council hereby approves the acceptance of grant funds from the
Best Friends Animal Society.
SECTION 3. The City Council hereby delegates the authority to the City Manager to
conduct all negotiations, sign and submit all documents, including, but not limited to
applications, agreements, amendments, and payment requests, which may be necessary for the
completion of the Grant Scope.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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
7.a
Packet Pg. 158 Attachment: Resolution 2021-102 Best Friends Grant Acceptance (7279 : Best Friends Grant Acceptance (All Wards))
Resolution No. 2021-102
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
7.a
Packet Pg. 159 Attachment: Resolution 2021-102 Best Friends Grant Acceptance (7279 : Best Friends Grant Acceptance (All Wards))
Resolution No. 2021-102
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
7.a
Packet Pg. 160 Attachment: Resolution 2021-102 Best Friends Grant Acceptance (7279 : Best Friends Grant Acceptance (All Wards))
City of San Bernardino Animal Services
Grant Agreement
BASIS
Best Friends Animals Society (“Best Friends” or “BFAS”) is a 501(c)(3) nonprofit corporation
based in Kanab, Utah, whose mission is No More Homeless Pets®. Best Friends feels privileged
to help save lives by working with network partners and providing financial assistance for
specific projects. This document is to clarify in writing the roles that the organizations agree to
upon receipt of this one-time financial assistance project.
City of San Bernardino Animal Services is a municipal shelter that is a part of Best Friends’
coalition in Shelter Animals Count (“SAC”) and is current on monthly reporting of shelter
statistics into SAC. City of San Bernardino Animal Services has been selected to receive funding
and specialized training to establish and sustain various forms of Cat Lifesaving Programs.
For the purpose of this memorandum of understanding, “Cat Lifesaving Programs” include but
aren’t limited to the following:
Cat or Kitten Foster Programs
Increased Adoption Programs
Medical Programs (such as Ringworm, URI, or FeLV Adoption Programs)
Working Cat Programs
Cat Enrichment and Behavior Training
Nuisance Mitigation Training
Managed Intake/Intake Prevention Programming
Community-Based Animal Control Services
Working Cat Programs
The funds shall be disbursed upon receipt of the signed agreement and a copy of the City
of San Bernardino Animal Services’ Internal Revenue Service Form W9
(https://www.irs.gov/pub/irs-pdf/fw9.pdf).
In consideration of the receipt of this award, City of San Bernardino Animal Services
agrees to the following terms:
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Packet Pg. 161 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
AGREEMENT
Financial Assistance Amount and Term
Name of Organization: City of San Bernardino, a California Municipal Corporation, through the
City of San Bernardino Animal Services.
EIN #: 95-6000772
One-time assistance in the amount of $45,000 (to be paid in 2 installments upon receipt of this
signed document) to be provided to City of San Bernardino Animal Services. The first half of the
funding amount would be paid when the grant contract is signed to cover the initial costs,
including program supplies, marketing materials, and surgery costs. The second and final
installment will be paid upon assessment after three months to ensure that City of San
Bernardino Animal Services is on track to meet overall goals. The funds are to be used in the
following way:
$20,000 for the sterilization and vaccination for a minimum of 300 kittens through the
foster and kitten diversion program.
$10,000 to provide additional medical care for cats/kittens with treatable medical
conditions.
$15,000 for operational expenses and/or supplies to be used to ensure success of the Cat
Lifesaving Programs.
The goal of the implementation of additional Cat Lifesaving Programs is to fully close the cat
lifesaving gap and achieve a 90% save rate. The lifesaving gap is determined by subtracting 10%
of the total intakes in the baseline year (year prior to the program) from the total number of
animals that died in the shelter in that same baseline year. In the case of City of San Bernardino
Animal Services, total cat intakes for January 2020 through December 2020 were 1586 so the
allowable 10% is 159. Total number of cats that died in January 2020 through December 2020
was 494, subtracting 159 leaves a Cat Lifesaving gap of 335. We expect these Cat Lifesaving
Programs to close the gap and save at least 335 cats through the implementation of additional Cat
Lifesaving Programs during the one-year period after this agreement is signed.
Best Friends Responsibilities
As part of this agreement, Best Friends shall:
1. Provide City of San Bernardino Animal Services with in-person and/or virtual ongoing
training for ACOs, shelter staff and other key stakeholders. In person training may
involve Best Friends staff coming to City of San Bernardino Animal Services and/or a
shelter staff member traveling to another city that is currently running comparable Cat
Lifesaving Programs. (If training is in-person, costs to be covered by Best Friends, valued
at approximately $2,000 supplemental to the grant funding)
7.b
Packet Pg. 162 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
2. Fund the cost of spay/neuter surgeries and vaccinations for an estimated 300 kittens
through the foster or kitten diversion program (costs to be covered by the grant, valued at
approximately $20,000).
3. Fund the purchase of supplies needed for a successful foster program, “kitten kits,”
working cat placements, and/or deterrents for nuisance mitigation (costs to be covered by
the grant, valued at approximately $12,000).
4. Provide a monthly check-in call with staff to assist in overcoming challenges and provide
strategies/advice on working with other shelter staff, volunteers, or members of the public
to resolve issues they may have with implementing the programs. Will provide this
ongoing training as needed or requested.
City of San Bernardino Animal Services Responsibilities
Over the course of the one-year Cat Lifesaving Programs, City of San Bernardino Animal
Services agrees to:
1. Institute new practices and ensure all shelter staff are trained to educate the public about
the shelter’s new approach to handling nuisance complaints instead of immediate
impoundment, as well as the importance of leaving neonates where they were found for
up to 24 hours so that the mother cat has an opportunity to return. Animal control officers
should reduce the intake of healthy kittens/cats in the field by offering kitten kits and
information/guidance on best practices to adopt out kittens within the community.
2. Increase recruitment and training for kittens who are too young for adoption and/or
specialized foster homes for medical cases (ringworm, mange, URI).
3. Delegate staff who will be responsible for the success of the Cat Lifesaving Programs and
require participation in all necessary trainings weekly for the first month, then twice
weekly, then monthly. Will be adjusted as needed.
4. Utilize funding/supplies for their intended purpose and incorporate concepts from the cat
trainings that will be provided.
5. Join a monthly leadership check-in call once a month for the first four months and then
on an as-needed basis.
6. Implement an open adoptions program to remove barriers for adoption.
7. Create and print marketing materials and handouts for animal control officers and client
service staff (e.g. door hangers, flyers, etc.) for foster recruitment, kitten intake diversion,
and/or information on nuisance mitigation to resolve cat-related issues in the community
as needed. (costs to be covered by grant, valued up to $3,000).
8. Develop more robust protocols to provide additional medical care to cats/kittens who
have treatable medical conditions such as URI and ringworm. Including training fosters
to care for minor medical issues that kittens may experience & behavior enrichment so
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Packet Pg. 163 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
when kittens return to the shelter, they are ready for adoption. (costs covered by this grant
for additional medical care are valued at $10,000).
9. Change any current policies applicable to City of San Bernardino Animal Services and
proactively work to change any applicable ordinances within six months that impede the
ability of City of San Bernardino Animal Services to institute and sustain any animal
lifesaving programs contemplated by this agreement. In the event that it is not possible to
change all applicable ordinances within six months, proactively work to have a resolution
adopted by the relevant governing body allowing for a pilot program or programs that
will support the animal lifesaving programs that are the subject of this agreement.
City of San Bernardino Animal Services agrees to work with Best Friend staff to identify ways to
maintain the current capacity of care (including medical/surgical) for shelter population, as well
as increase the capacity to support the additional cats/kittens needing services through the Cat
Lifesaving Programs.
City of San Bernardino Animal Services acknowledges and agrees to work with Best Friends
staff to develop a sustainability plan for the various Cat Lifesaving Programs, to ensure that they
will continue the programs as part of the shelter’s standard operating procedures beyond the end
date of this grant. Continuation of these programs after the grant period will be the sole financial
responsibility of City of San Bernardino Animal Services. Examples of a sustainability plan
might be:
Executing a financial plan to determine how surgeries, medical procedures and treatment,
vaccines, and supplies will continue to be funded;
Produce official standard operating procedures for each department involved in the
program operations to be reviewed and followed by all necessary staff;
Develop contracts with partner veterinarians for veterinary clinics to ensure adequate
surgery capacity and medical treatment for cats;
Create policies that include the responsibility of the success of Cat Lifesaving Programs
to shelter staff members’ job duties to ensure this work continues or create an official job
description and/or officially appoint a staff member for the Cat Lifesaving Coordinator
position (or equivalent);
Build out a volunteer network to assist with day-to-day tasks, such as, data entry, phone
calls, and foster care support.
City of San Bernardino Animal Services shall draft a written sustainability plan for these
programs two months prior to the end of the grant period, which will be reviewed with Best
Friends on or before that date. While the specifics of this goal may be built out with input from
both City of San Bernardino Animal Services and Best Friends, examples might be:
Portalize existing cat kennels to reduce the stress of housing cats inadequately;
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Packet Pg. 164 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
Shift to a managed intake model;
Build out a more robust community engagement program (such as Wait til 8) to empower
finders of kittens to help find solutions and/or rehome;
Revise euthanasia protocol to allow for longer stays for medical case cats (by utilizing
cage space made available due to the Cat Lifesaving Programs);
Cat Lifesaving Program Reporting Requirement
City of San Bernardino Animal Services agrees to provide monthly progress reports including
cat intake and outcome data reports, the use of Cat Lifesaving-specific funds, and examples of
successes (including photos when at all possible). Progress reports are due by the 10th of the
month for the month prior so that the team can review trends and change tactics as needed.
Network Program Reporting Requirement
City of San Bernardino Animal Services agrees that they will fulfill all reporting requirements
necessary for participating in the Best Friends network partner program including monthly
reporting in Shelter Animals Count and annual statistics reports as requested. City of San
Bernardino Animal Services understands that this overall data reporting is separate from reports
relating to the Cat Lifesaving Programs as explained above.
Project Branding Terms and Promotion
Recipient shall cooperate with Best Friends regarding the promotion of the funded project.
Both parties may issue reports or statements to its members, the media and the public about the
funded project. This includes, but is not limited to websites, newsletters, press releases,
magazine articles, blogs, and podcasts.
City of San Bernardino Animal Services shall use its best efforts to provide Best Friends with the
opportunity to photograph, video, and audio record events related to the Cat Lifesaving
Programs, consistent with City of San Bernardino Animal Services’ policies and procedures for
such event(s). Best Friends shall be permitted to use these photographs and video/audio
recordings for publicity purposes subject to release.
City of San Bernardino Animal Services shall reasonably cooperate with Best Friends network
staff, volunteer team leaders, and news or magazine writers in the production of such news
content. City of San Bernardino Animal Services agrees to cooperate with Best Friends and
facilitate promotion of the Cat Lifesaving Programs through the Best Friends website,
newsletters, electronic news distributions, press releases, and other media outlets.
Neither party may use each other’s logos, trademarks, or other intellectual property without
express written permission.
Recipient Representations and Warranties
7.b
Packet Pg. 165 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
City of San Bernardino Animal Services represents and warrants as follows:
City of San Bernardino Animal Services is a government organization;
City of San Bernardino Animal Services acknowledges that its animal welfare
activities may be governed by a variety of federal, state, and local laws. City of San
Bernardino Animal Services hereby warrants that it shall use its best efforts to
comply with all applicable laws and shall not knowingly violate same;
The individual signing this agreement on behalf of City of San Bernardino Animal
Services is duly authorized to do so.
Financial Assistance Restrictions
In addition to abiding by the requirement that the funds be used in furtherance of the project
described in City of San Bernardino Animal Services’ obligations, City of San Bernardino
Animal Services specifically agrees that no portion of the funds will be used for any of the
following: (i) to lobby or otherwise attempt to influence legislation; (ii) to influence outcome of
any specific public election or participate or intervene in any political campaign on behalf of any
candidate for public office or conduct, directly or indirectly; and (iii) to support or oppose any
elected official or candidate for public office or on any particular issue.
Default and Termination
A. Termination by the Parties.
(1) The parties may terminate this Agreement without cause upon 30 days written notice
service upon the other party stating the extent and effective date of termination.
(2) If a 30 day notice of termination is served on the other party, after receipt of said
notice of termination, Best Friends shall stop funding under this Agreement on the termination
date specified in the notice of termination.
B. No Further Financial Obligations. In the event that this Agreement is terminated by either
party, Best Friends will not be obligated to provide any further payments that are not yet due.
Photo, Video, Digital and Audio Release
City of San Bernardino Animal Services grants to Best Friends permission and rights to
photograph, video, and audio record any of City of San Bernardino Animal Services’ programs
or events for the duration of the project. City of San Bernardino Animal Services grants to Best
Friends the right to indefinitely use such photographs, videos or digital images and voices. This
release covers all photos, videos, and audio recordings made by Best Friends or its employees,
contractors or agents. City of San Bernardino Animal Services understands and agrees that these
photographs, videos, or digital images and recordings may be used by Best Friends in its sole
discretion including for identification purposes, to promote or report about Best Friends events,
activities and mission; to raise donations, or for other purposes. This includes, but is not limited
7.b
Packet Pg. 166 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
to, any royalties, proceeds, or other benefits derived from such images or recordings. This release
remains in effect even after funding has been spent.
City of San Bernardino Animal Services further agrees not to make any claim against Best
Friends or its employees, contractors or agents for the use of these photographs, videos or digital
image or voice recordings. City of San Bernardino Animal Services understands this agreement
releases and forever discharges Best Friends from any liability City of San Bernardino Animal
Services, its successors, and assigns with respect to personal injury, property damage or other
loss or damages that may result as a result from the making and use of photographs, videos or
digital image or voice recordings.
Non-Disparagement
City of San Bernardino Animal Services agrees not to disparage Best Friends during the funded
project and for three years following the last disbursement from Best Friends to City of San
Bernardino Animal Services.
Release
City of San Bernardino Animal Services, its directors, officers, employees, representatives,
agents, successors and assigns, agrees never to bring a claim or suit against Best Friends relating
to the funded project and its receipt of financial assistance funds. City of San Bernardino Animal
Services agrees Best Friends and its directors, officers, employees, representatives, agents,
successors and assigns are not responsible for any of the decisions, plans, guidelines, work, or
activities related to or arising from the project or participation in the network. City of San
Bernardino Animal Services releases Best Friends and its directors, founders, employees,
officers, agents, representatives, contractors, volunteers, successors and assigns from all liability
arising from any work or activities related to the project or participation in the network.
City of San Bernardino Animal Services understands this agreement discharges Best Friends and
its directors, founders, employees, officers, agents, representatives, contractors, volunteers,
successors and assigns from any liability to City of San Bernardino Animal Services with respect
to bodily injury, personal injury, illness, death, property damage or other loss of any kind or
nature whatsoever, direct or indirect, known or unknown, that may result as a result of City of
San Bernardino Animal Services’ work, participation and activities related to this project and the
Best Friends network.
Indemnity Agreement
City of San Bernardino Animal Services and its directors, officers, agents, employees,
representatives, successors and assigns, agree to indemnify and hold Best Friends harmless for
all bodily injury, personal injury, illness, death, property damage or other losses of any kind or
nature whatsoever, direct or indirect, known or unknown, including attorney’s fees and costs of
litigation that result to anyone else or any other entity because of actions or omissions related to
the funded project. This includes lone acts or omissions by City of San Bernardino Animal
Services as well as the combined acts of City of San Bernardino Animal Services with others.
Survival of Terms
7.b
Packet Pg. 167 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
The intellectual property rights, including the rights to use photos, digital, audio and video
materials, agreed to in this agreement are perpetual. The releases and indemnity agreements are
perpetual. The Non-Disparagement clause survives for three years following the last
disbursement from Best Friends to City of San Bernardino Animal Services.
Proprietary Information
City of San Bernardino Animal Services acknowledges and agrees that the following constitute
“Proprietary Information”: any secret or proprietary information relating directly to Best Friends
business, including, but not limited to, the Best Friends network and donation process, services,
members, donor and volunteer lists, business policies, employment records and policies,
operational methods, marketing plans and strategies, business development plans, new personnel
acquisition plans, technical processes, designs and design projects, inventions and research
programs, trade know-how, trade secrets, specific software, algorithms, computer processing
systems, object and source codes, user manuals, systems documentation, and other business and
financial affairs of Best Friends. It is not anticipated that City of San Bernardino Animal
Services will have access to Best Friends proprietary information as a result of this Agreement.
Nonetheless, City of San Bernardino Animal Services acknowledges and agrees that in the event
City of San Bernardino Animal Services learns of or comes into possession of any Best Friends
proprietary information, City of San Bernardino Animal Services will notify Best Friends and
return said information. City of San Bernardino Animal Services agrees that it will not use,
supply or disclose any Proprietary Information it happens to learn of to any third party.
Other
These contract terms bind the successors and assigns of City of San Bernardino Animal Services.
Each term of this Agreement is material. City of San Bernardino Animal Services expressly
agrees the releases and indemnity agreement are intended to be as broad and inclusive as
permitted by law. City of San Bernardino Animal Services agrees that in the event that any
clause or provision of this agreement shall be held to be invalid by any court of competent
jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining
provisions of this Agreement. This is the entire Agreement between the parties and supersedes
any other verbal or written statements, representations, or promises.
This Agreement shall not be construed to constitute any form of partnership, agency or joint
venture between Best Friends and City of San Bernardino Animal Services. Neither party is
responsible in any way for the debts of the other or any other party, or any breach of any law,
rule, regulation, complaint, grievance, custom, or guideline of the other. Neither party has
authority to bind the other to any contractual or other agreements and in no event shall either
party represent or hold itself out as acting on behalf of the other party hereto.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Utah. Any disputes arising out of or related to this Agreement will be resolved in a Utah State
Court of competent jurisdiction in Kane County, Utah.
By signing below, City of San Bernardino through the City of San Bernardino Animal
Services and Best Friends acknowledge and agree to the terms of this Agreement.
7.b
Packet Pg. 168 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
City of San Bernardino Best Friends Animal Society
Name: Robert D. Field Name: Marc Peralta
Title: City Manager Title: Chief Program Officer
Signature: Signature:
Date: Date:
7.b
Packet Pg. 169 Attachment: Best Friends Grant Agreement (7279 : Best Friends Grant Acceptance (All Wards))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 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 draft meeting minutes for the April 21, 2021, Regular Meeting of
the Mayor and City Council.
Attachments
Attachment 1 Draft Meeting Minutes for the April 21, 2021 Regular Meeting of the
Mayor and City Council
8
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOIN POWERS FINANCING
AUTHORITY
WEDNESDAY, APRIL 21, 2021
5:30 PM
The Regular 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, April 21, 2021, via
Web-Conference, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
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
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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CLOSED SESSION PUBLIC COMMENT
Tressy Capps, San Bernardino, commented on Item C. she questioned the costs
incurred by the City due to the lawsuits against the Mayor. She also asked the Mayor to
let the people in the North End have their clean -up project.
Treasure Ortiz, San Bernardino, spoke about the claims and investigations regarding
the Mayor. She expressed that the Mayor should not have volunteers on his staff, and
felt that the Council Members and City Attorney are responsible for the Mayor’s actions
and that they should hold him accountable.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
(One) Item
(B) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
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
(C) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Co urt Case
No. CIVSB2025375
e. Matthew Brown v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVSB2025900
(D) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
Pursuant to Government Code Section 54957
(Discussion of evaluation procedures and preparation for annual evaluation of
Mayor and Council appointees)
Title: City Manager
Title: City Attorney
Title: City Clerk
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INVOCATION AND PLEDGE OF ALLEGIANCE
Mayor Valdivia asked Pastor Chris Reinhard of Sandals Church lead the invocation and
the Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho informed there was reportable action on Item A of the
Closed Session Agenda. The City Council by unanimous vote authorized the City to file
a receivership action for property located at 2249 Serrano Road.
MAYOR AND CITY COUNCIL UPDATES
At this time the Mayor and City Council provided community updates.
Council Member Alexander informed that the 7th Ward had their first quarterly meeting
and they had a great turnout; the District Attorney’s office provided a presentation on
the Victim/Witness assistance program.
Council Member Calvin wished Mrs. Carruthers a happy birthday and commented that
Mrs. Carruthers had turned one-hundred years old.
Council Member Reynoso expressed his condolences to Council Member Shorett; he
also commented on the Chauvin trial and the guilty verdict that was announced earlier
in the day; he informed that the neighborhood associations had begun gathering in
person and he attended the Verdemont Neighborhood Association meeting on
Saturday; Reynoso highlighted The Locals Outfitter that carries the Carousel Mall jacket
he was wearing.
Council Member Reynoso also recognized the following students and coaches of the
Cajon High School Mock Trial Team for having placed 5th statewide.
Fatima Mora-Popoca, Amelia Soto, Kevin Amilpa, Cassandra Davis, Guisselee Salazar,
Raymond Altamirano, Ruben Cerda-Vargas, Trapp Fought, Kaitlyn Aguirre, Celeste
Alvarez, Andrew Gonzales, Emory Ho, Jazzmonae Jenkins, Moyo soreoluwa Oduntan,
and coaches Robert Grande and Stephen Gonzales
Council Member Shorett spoke stated he was pleased to see the return of the Mayor
and City Council updates on the agenda. He spoke on the passing of his brother Denny
Shorett.
Mayor Pro-Tem recognized the passing of residents Terry Walker and Frank Valenzuela
and expressed her condolences to their families.
Council Member Sanchez announced the celebrations at the national level and
informed that today was national chocolate covered cashews day, kindergarten day,
and administrative professional’s day.
Mayor Valdivia expressed his appreciation for the City’s administrative staff and thanked
his Executive Assistant Renee Brizuela for the support she has provided.
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CITY MANAGER UPDATE
City Manager Rob Field commented on the Earth Day celebrations taking place in the
City to mark Earth Day. He commented on the grant the City received from San Manuel
Band of Mission Indians; public service hours at the library being expanded; the Public
Library System was recognized by the United States Census Bureau as a partner in the
2020 Census.
PRESENTATIONS
1. Proclamation for DMV/Donate Life Month - April 2021
2. Proclamation for Child Abuse Prevention Month - April 2021
Mayor Valdivia proclaimed the month of April as Donate Life and Child Abuse
Prevention Month
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Azar, Brian Williams, Terry Van Kerlig, Joseph, Jesse Lopez, Alicia Campa, Sheila
Wallenaire, Estella Nunez, Lidia Gutierrez, Kimberly Schmidt, Hugh Johnson,
Nancy Braugh, Karen Avila, Randall, Regina Yoder, Alberto, Anna, Jeanette
McKaig, Roger Denton, Anna Mayorquis, Peggy Hizlet, Linda Tobiers, Harry
Hatch, Georgina, and two other anonymous citizens, spoke in support of Item No. 7,
against the Mayor’s veto and in support of awarding the contract for removal of concrete
pile on N. Palm Ave.
Asia Jones, John Chavez, Kenisha, Johnny Abraham, Wendy, Lacey Trout, and
twelve other anonymous citizens, spoke in opposition of Item No. 7, against the
contract for removal of concrete, and in support of onsite crushing of the concrete pile
on N. Palm Ave.
Serena Gonzalez, San Bernardino commented on Item No. 7 and suggested that the
concrete pile be transported and crushed in the middle of the desert somewhere and
then brought back to the site, at the cost of the developer. She stated that onsite
crushing is too dangerous.
Loralee Brownton, San Bernardino, spoke about Item No. 7 and suggested the
developers find a different place to dispose of their concrete.
Cindy Mendoza, San Bernardino, commented on Item No.7 and asked that the City
get rid of the concrete pile and suggested it was illegal in the first place.
Anonymous, San Bernardino, spoke about Item No. 7 and suggested City Staff and
Council members are responsible for the concrete pile being left on Palm Ave.
Barbara Sky, San Bernardino, commented on Item No. 7 and stated that the concrete
testing lab report is fraudulent, the concrete is contaminated, and the concrete should
not be allowed to be crushed onsite.
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Barbara Sky, San Bernardino, spoke about Item No. 7 and stated that the concrete on
Palm Ave. is contaminated and will be harmful to residents if crushed onsite.
Irma Vasquez, San Bernardino, commented on Item No. 7 and stated that the
contractor should be responsible for removing the concrete from the site, and that the
Mayor should not be allowed to veto the Council’s decision to have it removed.
Treasure Ortiz, San Bernardino, spoke about Item No. 7 and stated that the new
owner and developer of the Palm Ave. project should be responsible for the concrete
pile. She stated that Staff and Council Members should be held accountable for their
actions. She also questioned why Councilmember Figueroa does not speak about
issues in his ward during Council meetings.
Linda Meza, San Bernardino, spoke about Item No. 7and stated that the concrete
dump site is an environmental hazard and is also being used by motorbike riders. She
suggested the council decide on an environmentally saf e way to remove the concrete.
Michael Rendell, San Bernardino, commented on Item No. 7. He stated that the
concrete should stay where it is and to let the builder complete their project.
Rickie Van Johnson, San Bernardino, spoke about Item No. 10. He is concerned
about interns and potential future lawsuits. He also commented on Item No. 7, and the
dangers of grinding concrete onsite. He is also concerned about an old bakery on
Medical Center Drive; he believes it is a public nuisance and a safety hazard. He also
commended Councilmember Calvin for the job she is doing for the 6th Ward.
Stephen Shepard, San Bernardino, commented on Item No. 20. He asks that Council
reconsider letting Inland So Cal administer the Rental Assistance Fund and let someone
within the City administer the funds.
Hardy Brown, San Bernardino, spoke about Item No. 20, he questioned how So Cal
United Way will manage the administration of the City’s Emergency Rental Assistance
Program. He also spoke about a non-agenda item regarding the police department’s
use of certain abbreviations or acronyms for suspects’ race in arrest records.
APPOINTMENTS
3. Downtown Advisory Committee Appointment (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernar dino,
California, approve the appointment of Richard R. Hernandez to the Downtown
Advisory Committee representing Ward 3 with the term ending December 2024.
Council Staff has verified that appointee is a registered voter within the City.
4. Downtown 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 Paul Guerrero to the Downtown Advisory
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Committee representing Ward 1 with the term ending December 2022. Council Staff
has verified that appointee is a registered voter within the City.
5. Measure S Citizens Oversight Committee 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. Derrick J. Wesson to the Measure S
Citizens Oversight Committee representing Ward 7. Mr. Wesson will replace Felicia
Alexander with the term ending December 2024. Council Staff has verified that
appointee is a registered voter within the City.
6. Downtown Advisory Committee Appointment (Ward 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Lelita (Leta) Amick to the Downtown
Advisory Committee representing Ward 7 with the term ending December 2024.
Council Staff has verified that appointee is a registered voter within the City.
RESULT: APPROVED THE APPOINTMENTS OF MR. RICHARD
HERNANDEZ, MR. PAUL GUERRERO, MR. DERRICK J.
WESSON, MS. LELITA AMICK, CARRIED 7-0 – Passed
Unanimously
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
ABSENT: Ibarra
DISCUSSION
7. Reconsider Award of Nuisance Abatement Services Agreement to Cemex
Corporation for Removal of Concrete Pile on N. Palm Avenue (Ward 5)
Recommendation
Reconsideration of Resolution No. 2021-85 of the Mayor and City Council of the
City of San Bernardino, California:
1. Approving the Nuisance Abatement Services Agreement between the City of San
Bernardino and Cemex Corporation of Ontario, California, dated March 31, 2021
in an amount not to exceed $1,470,000 to provide abatement services required
at private property located on N. Palm Avenu e, San Bernardino, California
92407; APNs: 0261-011-08-0000, 0261-011-13-0000, 0261-011-14-0000
(“Project”); and
2. Amending the FY 2020/21 operating budget to appropriate $2,000,000 from the
City’s undesignated General Fund reserve to support the project to include the
cost of the abatement services in the amount of $1,470,000, project
contingencies in the amount of $330,000, and anticipated project water use in the
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amount of $200,000; and
3. Authorizing the City Manager to expend contingencies as necessary to complete
the Project.
Mayor Valdivia announced the item and City Clerk Rocha read in the record the memo
from the Mayor dated April 7th where he informed that he would be vetoing Item No. 31
Award of Nuisance Abatement Services Agreement to Cemex Corporation for
Removal of Concrete Pile on N. Palm Avenue (Ward 5) from the April 7th Mayor and
City Council meeting.
Council Member Shorett inquired and City Attorney Carvalho confirmed that they were
voting whether to uphold the veto or not and any further discussion not agendized would
be a potential violation of the Brown Act.
Council Member Sanchez stated he would vote against the contract with Cemex
because the City would be paying two million dollars to move concrete. He stated that
there are only three cement plants in the City that can handle that amount of cement.
Mayor Pro-Tem Ibarra expressed her concern over some of the speakers that remained
anonymous.
MOTION BY MAYOR PRO-TEM IBARRA, SECOND BY COUNCIL MEMBER
REYNOSO, to approve staff’s recommendation, failed motion due to requiring five
affirmative votes (4-3) Council Members Sanchez, Figueroa, Shorett opposed
Mayor Valdivia’s veto on the item stands.
8. Interpreting Services for City Council Meetings and Workshops (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 on interpretation services for
City Council meetings, special meetings, and/or workshops.
City Clerk Genoveva Rocha provided a presentation to the Mayor and City Council.
Council Member Shorett inquired whether these services were provided at the Board of
Supervisor’s meetings or at the national level and stated he was not in support of
providing interpretation services.
City Clerk Rocha informed that interpretation services are offered at other agencies at
the local level; however, they were typically provided upon request, and informed that
the City of Santa Ana provided live interpreting services of their council meeting that
was then streamed on their YouTube channel.
Mayor Pro-Tem Ibarra added that the City’s school district provided interpreting services
for their meetings. She expressed that she was happy to see the item before the
council’s consideration and stated that individuals have wanted to become more
involved; however, they had not learned the English language. Mayor Pro -Tem inquired,
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and City Clerk Rocha informed that the quotes received were for four hours due to the
length of the council meetings.
Council Member Sanchez stated he wanted to distinguish between in -person
interpreting services and translation services for those watching the meetings from
home on their devices or television. He expressed that his focus was ensuring there
was captioning available for those watching from home on the website or the public
access channel and providing Spanish voice-over, in-person interpretation upon request
for Spanish. Have staff come back with a report showing the cost and feasibility
Council Member Reynoso inquired and City Clerk Rocha responded that staff could
begin with the English captioning at the next meeting, as far as interpreting services it
would need to be decided whether it would be ongoing on provided upon request; she
also informed that staff would need to research further on the feasibility to provide
captioning in languages other than English.
IT Director Mitch Cochran explained the logistics of implementing the live interpreting
and captions.
MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER
CALVIN, to approve Option No. 2.
City Clerk Rocha asked Council Member Reynoso if he would be open to implementing
the Spanish Interpretation and English captioning to begin with and staff would further
research the cost and feasibility of providing translation in other languages. Council
Member Reynoso stated reiterated his approval for Option No. 2.
Council Member Sanchez inquired why Vietnamese was being selected when there
were other widely spoken languages according the report provided by the Registrar of
Voters.
Council Member Figueroa suggested that a television be displayed in the lobby of the
library to provide the Spanish broadcast, and inquired if the option would allow for
reverse interpretation should there be a Spanish speaker. City Clerk Rocha confirmed it
would allow for reverse interpretation.
City Clerk Rocha called a roll call vote on Council Member Reynoso’s motion to approve
option No. 2 and the motion failed.
MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY COUNCIL MEMBER
CALVIN, to approve Option No. 2, MOTION FAILED (3-4) COUNCIL MEMBERS
SANCHEZ, IBARRA, FIGUEROA, SHORETT OPPOSED
MOTION BY COUNCIL MEMBER SHORETT, SECOND BY COUNCIL MEMBER
REYNOSO, to table Item No. 8, MOTION FAILED (3-4) COUNCIL MEMBERS
SANCHEZ, IBARRA, CALVIN, and ALEXANDER OPPOSED.
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RESULT: MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY
COUNCIL MEMBER ALEXANDER to direct staff to bring back a
report outlining the feasibility and costs to provide English
captions for viewers at home, Spanish voice-over, TV near the
council chambers that includes English captions and another
television that provides the Spanish interpretation.
MOVER: Theodore Sanchez, Ward 1
SECONDER: Damon L. Alexander
AYES: Sanchez, Ibarra, Calvin, Alexander
NOES: Figueroa, Shorett, and Reynoso
9. Establishment of Local Campaign Finance Regulations (All Wards)
Recommendation
Review and Provide Further Direction to Staff Regarding Proposed Ordinance of the
Mayor and City Council of the City of San Bernardino, California, Ad ding Chapter
2.55 to the City of San Bernardino Municipal Code Regarding Local Campaign
Finance Regulations.
Council Member Sanchez expressed his enthusiasm for being the first City in the region
to consider a passing comprehensive campaign finance reform.
MOTION BY COUCNIL MEMBER SANCHEZ, SECOND BY COUNCIL MEMBER
IBARRA
Council Member Sanchez stated he was assigning $250 for Ordinance sections B, F, G,
and E; Section C would require full disclosure regardless of the amount received. He
spoke on enforceability and requested that when there was any impropriety from
elected officials, staff or elected officials could refer the case to the contracted hearing
officer. The hearing officer would then report back to the City Council if the hearing
officer finds that any elected officials violated the Ordinance. Elected officials
determined to have violated the Ordinance would be docked 10% of their monthly pay
for the month of the violation.
Mayor Pro-Tem the state can provide enforcement.
Mayor Valdivia inquired if this Ordinance was a duplication of rules already in place.
Council Member Sanchez said there is a delay in disclosures until the FPCC 460 report
is available; he suggested that with the proposed Ordinance in place disclosure would
be immediate, and it would prevent solicitation of a contribution moments before an
issue is decided on.
Mayor Valdivia stated there was a system in place that monitors contributions and
provisions are already in place.
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Council Member Reynoso inquired and Council Member Sanchez informed that
regardless of the amount received the amount needed to be disclosed. Council Member
Reynoso stated he was second the amended motion.
Council Member Alexander expressed his concern on the enforcement being proposed
and suggested that the findings of the hearing officer be accepted and report back to
the Mayor and City Council.
Assistant City Manager Rebekah Kramer informed that staff had reached out to the
FPPC to inquire about the cost to provide enforcement of a local Ordinance that
provides more restrictive campaign contribution limits than defined by the State.
Council Member Shorett stated that he would not support this item.
Council Member Figueroa said he would be willing to vote in favor if the reporting period
was subsequent to the last posting of the FPPC Forms 460 (six months).
Council Member Sanchez was in agreement with Council Member Figueroa and
requested that Staff bring back options on enforcement that included a hearing officer or
enforcement through the FPPC. For sub section (c ) any amount received has to be
reported and strike sub section (d)
Council Member Reynoso stated he was withdrawing his motion.
RESULT: MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY
COUNCIL MEMBER ALEXANDER, to continue the item, carried
(6-1) COUNCIL MEMBER SANCHEZ OPPOSED.
MOVER: Ben Reynoso, Ward 5
SECONDER: Damon L. Alexander, Ward 7
AYES: Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: Sanchez
10. Administrative Policy (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San
Bernardino, California, review and consider the proposed administrative policy and
provide direction for modifications or adopt Resolution No. 2021-86 as presented
establishing the Municipal Volunteer Program (MVP) Policy.
Council Member Reynoso inquired who from Staff would be qualified to be a supervisor,
and Human Resources Director Edelia Eveland provided examples.
Council Member Reynoso motioned to amend Staff’s recommendation and en title the
Mayor and City Council to have two volunteers.
Council Member Calvin expressed her concern with the Mayor having interns
considering that his support staff had been removed.
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Council Member Shorett stated a person should not be singled out and e xpressed he
disagreed with having any interns or volunteers for any of the elected officials.
Council Member Reynoso stated he appreciated Council Member Calvin’s comments.
Council Member Reynoso motioned to amend the Staff’s recommendation to include
two volunteers for each council member, and while the Mayor is undergoing litigation for
harassment that it be forbidden for him to have volunteers during the course of the trial.
Mayor Valdivia stated that the conversation was turning into a litigation dis cussion,
cautioned the council to discontinue, and suggested that the discussion be held in
Closed Session.
Council Member Ibarra stated she was not in agreement with adding interns or
volunteers for the City Council and felt that current council staff co uld oversee requests
from all council members.
COUNCILMEMBER SANCHEZ, SECOND BY COUNCIL MEMBER SHORETT, to table
Item No. 10
RESULT: MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY
COUNCIL MEMBER SHORETT, to table the item, carried (4-3).
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Figueroa, Shorett, and Calvin
NOES: Ibarra, Reynoso, and Alexander
PUBLIC HEARINGS
11. Accessory Dwelling Unit Ordinance (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Introduce, read by title only, and waive further reading of Ordinance No. MC -
1559 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 21-01 amending Title 19
(Development Code) of the City of San Bernardino Municipal Code to establish
standards for Accessory Dwelling Units and finding the statutory exemption under
the California Environmental Quality Act; and
2. Schedule the second reading of the above Ordinance to the regularly scheduled
meeting of the Mayor and City Council on May 5, 2021.
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City Clerk Rocha announced there was a request to speak for this item and placed a
call back to Maribel Nunez; however, Ms. Nunez was not available.
RESULT: MOTION BY COUNCIL MEMBER SANCHEZ, SECOND BY
COUNCIL MEMBER REYNOSO, to approve Staff’s
recommendation, carried (7-0).
MOVER: Theodore Sanchez, Ward 1
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexande r
NOES: None
12. Draft Fiscal Year 2021-2022 Annual Action Plan Associated with the
Community Development Block Grant, HOME Investment Partnerships and
Emergency Solutions Grant Programs (All Wards)
Recommendation
It is recommended that the Mayor and the City Council for the City of San
Bernardino, California, conduct a public hearing on the review of the draft Fiscal
Year (FY) 2021-2022 Annual Action Plan (AAP) associated with the Community
Development Block Grant, HOME Investment Partnerships and Emergency
Solutions Grant Programs.
Council Member Figueroa informed he would be abstaining from this item.
The Public Hearing was opened at 10:44 p.m.
Discussion ensued amongst the City Council on the validity of the recommendations.
Mayor Pro-Tem requested that staff return with suggestions for other streets in the area
that have been neglected, needed repair, and not include streets recommended at the
last CDBG Committee meeting.
Council Member Calvin seconded Mayor Pro-Tem's request.
Council Member Sanchez informed that the staff report did not reflect any input given at
the last CDBG Committee meeting.
Mayor Valdivia informed that the meeting was held under the provisions of the Brown
Act and had been noticed.
Administrative Analyst Maria Gallegos gave a brief presentation to the Mayor and City
Council.
Mayor Valdivia inquired, and Mr. Field stated he needed to clarify that the allocations
were 20% for CDBG, 10% of the Home allocation, and 7.5% of ESG and that it added
up to less than 20%.
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Assistant City Manager Rebekah Kramer added that the cost was to administer the City
program, the staff that manages and reports on the program.
Mayor Valdivia stated there was no requirement that all the money be spent; it could be
lowered and expend more money on services such as pothole repair, park bench
installations, etc.
City Manager Field advised that it was difficult to administer this program, and if not
appropriately administered, HUD could essentially remove funding. The program needs
adequate staffing to ensure proper reporting.
Council Member Alexander inquired, and Mr. Field confirmed that the percentages
given paid for those administering the programs.
Mayor Pro-Tem Ibarra inquired, and Ms. Gallegos informed that the $75,000 paid for
supplies and hotel vouchers that are given to the homeless individuals they contact.
Community and Economic Director Michael Huntley added that two staff members
come into the office, perform outreach, counseling, and provide applications.
Mayor Pro-Tem Ibarra and Council Member Alexander expressed their concerns in
attempting to contact Step Up on Second.
Housing Manager Gretel Noble informed that Step Up on Second was not set up to be a
call and response system, and they have been one of the most successful programs to
provide housing for the homeless population.
Council Member Shorett spoke on the Council's roles, on holding staff accountable and
providing input.
Council Member Calvin stated that Council Member Alexander and Mayor Pro -Tem
were doing their due diligence, ensuring that those who contract with the City fulfill their
responsibilities.
RESULT: MOTION BY COUNCIL MEMBER SHORETT, SECOND BY
COUNCIL MEMBER SANCHEZ, to approve Staff’s
recommendation, carried (4-2-1).
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Shorett, and Reynoso
NOES: Ibarra, Calvin, and Alexander
ABSTAIN: Figueroa
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Regular Meeting Agenda April 21, 2021
Mayor and City Council of the City of San Bernardino Page 14 Printed 4/30/2021
13. Substantial Amendment to Fiscal Year 2019/20 Neighborhood Stabilization
Program 1 & 3 Action Plans (Wards 1, 2, 7)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a public hearing and approve a Substantial Amendment to the
Neighborhood Stabilization Program (NSP) Action Plans for Fiscal Year 2019/20;
and
2. Authorize City Manager or designee to make administrative changes to the NSP
Action Plans to meet HUD budgeting and reporting requirements.
The Public Hearing was opened at 11:12 p.m.
City Clerk Rocha announced there were no requests to speak for this item.
RESULT: MOTION BY COUNCIL MEMBER SHORETT, SECOND BY
COUNCIL MEMBER SANCHEZ, to approve Staff’s
recommendation, carried (7-0).
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander
NOES: None
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion, unless a Council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOS.
20, 26 and 30, 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
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Mayor and City Council of the City of San Bernardino Page 15 Printed 4/30/2021
14. 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 of the Mayor and City Council meetings for
the following dates:
March 17, 2021 Regular Meeting Minutes
March 31, 2021 Special Meeting Minutes
April 4, 2021, Regular Meeting Minutes
April 8, 2021, Special Meeting Minutes
15. Plan for Holding In-Person Meetings (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the report on the plan for holding in -person meetings of
the City Council, Boards, Commissions, and Committees beginning July 1, 2021.
16. Nuisance Abatement Program Update (All Wards)
Recommendation
It is recommended that the Mayor and the City Council of the City of San
Bernardino, California, receive and file the report on the implementation of the
Nuisance Abatement Program.
17. Purchase and Sale Agreement with ICO Real Estate Group, Inc. with Respect
to the Real Estate Property Located on W. 5Th Street and W. Spruce Street,
Between N. G Street and N. H Street - City and Successor Housing Agency
Actions (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardin o,
California:
1. Adopt Resolution No. 2021-87 approving the Purchase and Sale Agreement and
Joint Escrow Instructions between the City of San Bernardino and GATEWAY
SB, LLC, a limited liability company, with respect to the Real Property located
along West Spruce Street between North “G” Street and North “H” Street and
along West 5th Street West of North “G” Street, San Bernardino, California
(APNs 0134-053-20 to 0134-053-23, 0134-053-025, 0134-053-26; 0134-054-07
to 0134-054-09; and 0134-093-07 to 0134-093-09), and approving certain related
actions; and
2. Adopt Resolution No. 2021-89 acting in the capacity as the Successor Housing
Agency to the Redevelopment Agency of the City of San Bernardino approving
the Purchase and Sale Agreement and Joint Escrow I nstructions between the
City of San Bernardino acting in the capacity as the Successor Housing Agency
of the Redevelopment Agency of the City of San Bernardino and GATEWAY SB,
LLC, a limited liability company, with respect to the Real Property located alon g
West 5th Street, North “G” Street, and North “H” Street in the City of San
Bernardino, California, County of San Bernardino (APNs 0134-054-24 to 00134-
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054-26; 0134-061-21, 0134-061-22, 0134-061-25, 0134-061-30; 0134-093-05,
0134-093-06; and 0134-101-02 to 0134-101-06, 0134-101-28) and approving
certain related actions.
18. Professional Services Agreement with PlaceWorks for Professional Planning
Services: Local Hazard Mitigation Plan and Emergency Operations Plan (All
Wards)
Recommendation
Adopt Resolution No. 2021-90 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement with PlaceWorks to prepare the Local Hazard Mitigation Plan
and Emergency Operations Plan as part of the comprehensive update to the City’s
General Plan; and authorize the Finance Director to amend the FY 2020/21 adopted
budget accordingly.
19. First Amendment to the Legal Services Agreement with Woodruff, Spradlin &
Smart
Recommendation
It is recommended that the Mayor and the City Council of the City of San
Bernardino, California adopt Resolution No. 2021-91, approving the First
Amendment to the Legal Services Agreement with Woodruff, Spradlin & Smart.
20. Emergency Rental Assistance Program (All Wards)
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2021-92 authorizing the City Manager to execute the
Professional Services Agreement with the Inland SoCal United Way to assist in
the administration of the City’s Emergency Rental Assistance Program; and
2. Direct the City Manager to execute a Memorandum of Understanding with the
State Department of Housing and Community Development related to Option C
of the Emergency Rental Assistance Program.
Council Member Reynoso inquired and Mr. Huntley confirmed that Inland SoCal United
Way will be contractually bound to work with non-profits locally.
Council Member Calvin stated that was not how it was written and noted a separate
phone line should be included for the City of San Bernardino so that residents could get
through. She commented that she, along with Council Members Ibarra and Reynoso,
worked with staff and voiced the concerns of the community.
Mayor Valdivia and Council Member Shorett suggested that sub-committees of the City
Council should be open to the public.
City Attorney Carvalho explained the Brown Act requirements for standing committees
and informed that this particular committee that the Mayor and City Council formed for
the purpose to research one issue was more in line with an ad -hoc committee and did
not have posting requirements.
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Mayor and City Council of the City of San Bernardino Page 17 Printed 4/30/2021
RESULT: MOTION BY COUNCIL MEMBER REYNOSO, SECOND BY
COUNCIL MEMBER SANCHEZ, to approve Staff’s
recommendation, carried (7-0).
MOVER: Ben Reynoso, Ward 5
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander
NOES: None
21. January/March 2020 and February/March 2021 - City Board, Commission, and
Citizen Advisory Committee Approved Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City’s board, commission, and
citizen advisory committee meetings approved in February and March 2021.
22. Investment Portfolio Report for March 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 March 2021.
23. 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 March and April
2021.
24. Request Purchase Authorization for a Network Refresh for the Feldheym
Library and Three Branch Libraries
Recommendation
Adopt Resolution No. 2021-93 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to authorize and
issue a Purchase Order to GovConnection, Inc., in the amount of $36,385.58 to
purchase network equipment as outlined in the report.
25. Grant Award for Virtual Youth Programing (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, Adopt Resolution No. 2021-94 accepting grant funding from the
California State Library for the Virtual Youths at the Library project and authorize the
Director of Finance to amend the FY 2020/21 Budget to appropriate funding.
26. Amendments to the Public Works Vendor Service Agreements with RP
Landscape and Irrigation, Quality Light and Electrical, Sierra Pacific Electrical
Contracting, C&W Construction Specialties Inc., and Fairview Ford Sales Inc.
(All Wards)
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Mayor and City Council of the City of San Bernardino Page 18 Printed 4/30/2021
Recommendation
Adopt Resolution No. 2021-95 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the First Amendment to the Vendor Service
Agreements for (1) RP Landscape and Irrigation, (2) Quality Light and Electrical, (3)
Sierra Pacific Electrical Contracting, (4) C&W Construction Specialties Inc., and (5)
Fairview Ford Sales Inc.
Council Member Calvin inquired and Public Works Director Kris Jensen informed that
because the projects were first amendments to vendor service agreements, staff was
seeking to have the compensation approved and consolidate the requests.
Council Member Calvin indicated that if that was the same reason for Item No. 30 she
was requesting to approve both items in one vote.
RESULT: MOTION BY COUNCIL MEMBER SHORETT SECOND BY
COUNCIL MEMBER SANCHEZ, to approve Staff’s
recommendation for Item No. 26 and Item No. 30, carried (7-0).
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander
NOES: None
27. Second Amendment to Professional Service Agreement with Kimley-Horn
and Associates, Inc. (All Wards)
Recommendation
Adopt Resolution No. 2021-96 of the Mayor and City Council of the City of San
Bernardino, California
1. Approving the Second Amendment to the Professional Services Agreement with
Kimley-Horn and Associates, Inc. (“Second Amendment”) in the amount of
$35,000 for additional design and preparation of plans and specifications for
Capital Improvement Project - Upgrade Various Signal Hardware at 224
Signalized Intersections (TC20-007) (“Project”);
2. Authorizing the Director of Finance to record a budget adjustment for the Project
in the amount of $35,000 in the Federal Grant Program Fund 123, and amend
the purchase order to Kimley-Horn and Associates, Inc., to a total contract
amount of $631,534.25; and
3. Authorizing the City Manager, or designee, to execute the Second Amendment .
28. Construction Contract Award – Connector Pipe Screen (CPS) TMDLS – Track
1 (All Wards)
Recommendation
Adopt Resolution No. 2021-97 of the Mayor and City Council of the City of San
Bernardino, California:
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Mayor and City Council of the City of San Bernardino Page 19 Printed 4/30/2021
1. Approving the award of a Construction Contract with United Storm Water, Inc., of
the City of Industry in the amount of $59,877.25 to perform installation work for
Connector Pipe Screen (CPS) Total Maximum Daily Loads (TMDLs) - Track 1
("Project");
2. Authorizing project construction, construction contingencies and inspections
costs in the total amount of $68,871 for the Project; and
3. Authorizing the City Manager, or designee, to expend the contingency fund, if
necessary, to complete the project.
29. Construction Contract Award – 2ND Street Bridge Replacement at Warm
Creek (Ward 1)
Recommendation
Adopt Resolution No. 2021-98 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a Construction Contract with Ortiz Enterprises, Inc. in the
amount of $2,604,290 for construction of the 2nd Street Bridge Replacement
over Warm Creek (“Project”); and
2. Authorizing project construction, construction contingencies and inspections
costs in the total amount of $3,008,397 the Project; and
3. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
30. Authorize Public Works Purchase Order Increases (All Wards)
Recommendation
Adopt Resolution No. 2021-99 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute Public
Works purchase order increases for the following: UC Fence, San Bernardino Paint,
McCain Inc., Econolite, Inland Body and Paint Center, BHI Plumbing, Heating and
Air, and Southern California Gas Company.
RESULT: MOTION BY COUNCIL MEMBER SHORETT SECOND BY
COUNCIL MEMBER SANCHEZ, to approve Staff’s
recommendation for Item No. 26 and Item No. 30, carried (7-0).
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander
NOES: None
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Mayor and City Council of the City of San Bernardino Page 20 Printed 4/30/2021
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
31. Authorization to Allow Concrete to be Crushed Onsite in Association with the
Property Located on North Palm Avenue - Mayor John Valdivia
Mayor Valdivia announced that due to the outcome of Item No. 7, he was removing Item
No. 31 from the agenda.
Council Member Calvin requested the preparation of a staff report outlining how the
unused funding allocated for the gun buyback program can be reallocated to promote
safety and homeless service outreach programs.
Mayor Valdivia requested that there be an update on the Carousel Mall demolition cost
and financing forecast.
Council Member Figueroa requested an update on the Renaissance/ICO project.
ITEMS TO BE REFERRED TO COMMITTEE
There were no items referred to committees.
REPORTS ON CONFERENCES/MEETINGS ATTENDED
There were no reports on conferences or meetings attended.
PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Robert Porter, San Bernardino, asked that Councilmembers help ensure Commissions
have quorums so that they can hold their meetings. He also stated that the Mayor
should not veto any action after a City Council meeting; he also supports retrofitting City
Hall.
Iliana Massengill, San Bernardino, spoke in opposition of the street vendors. She
stated she does not like to see so many street vendors and requested that the City
Council resolve the issue.
Anonymous, San Bernardino, commended Parks and Recreation staff, and stated her
kids love going to the activities the City holds at Ruben Campos Community Center.
Jamie Lopez, Janelle Guerrero, Aneli Milan, Javier, Athena Tan, Claudia Bautista,
and two anonymous citizens commented on the Police Department and Business
Registration staff penalizing street vendors. They support finding funds and resources to
support the street vendor community and stop issuing them citations. They do not
believe the Police should have the right to penalize street vendors.
Marilyn Flores, Amalia Partido, Brant Vargas, Bonnie Galloway, Students at Cal
State San Bernardino, all spoke about their community advocacy project team named
“Celebrating Diversity”. They would like to advocate for a recently introduced bill, House
Resolution 67, which acknowledges that child poverty prevents children from having an
economically secure future. They would like to raise awareness and support of House
Resolution 67.
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Mayor and City Council of the City of San Bernardino Page 21 Printed 4/30/2021
Mary Jo, San Bernardino, requested that the City Council begin meeting in person.
Cheryl Brown, San Bernardino, spoke about people who do not live in San Bernardino
receiving City funds for businesses instead of residents receiving the funds. She also
stated that So Cal United Way should not be receiving any of the City’s resources.
Spanish: Javier, Vivian, Renato Gonzalez, Gustavo Gomez Rosada, Mariela,
Joanna Rubio, commented on the Police Department and Business Registration staff
penalizing street vendors. They support finding funds and resources to support the
street vendor community and stop issuing them citations. They do not believe the Police
should have the right to penalize street vendo rs
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 12:07 a.m. on Thursday,
April 22, 2021.
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, May 5, 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
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Michael Huntley, Director of Community & Economic
Development
Subject: Accessory Dwelling Units Ordinance - Second Reading
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1559 adopting Development Code Amendment 21 -
01 amending Title 19 (Development Code) of the City of San Bernardino Municipal Code
to establish standards for Accessory Dwelling Units.
Background
On April 21, 2021, the Mayor and City Council conducted a public hearing on and
introduced the Accessory Dwelling Units Ordinance. Under Development Code
Amendment 21-01, these new regulations will replace the requirements in Development
Code Section 19.04.030(2)(P) (Second Dwelling Units) to be compliance with California
Government Code §65852.2, as follows:
Accessory dwelling units only require the approval as a ministerial action (i.e.
Building Permit).
City may not restrict a detached accessory dwelling unit of less than 800 square
feet.
No setbacks may be required for the conversion of an existing structure (e.g.,
detached garage, accessory building) to an accessory dwelling unit.
Converted attached or detached garage parking shall not be required to be
replaced when those spaces are lost as a result of the conversion.
Junior accessory dwelling units are permitted.
The primary dwelling unit or junior accessory dwelling unit shall be occupied by
the property owner as their primary residence when the property contains a junior
accessory dwelling unit.
Accessory dwelling units are permitted, subject to specific requirements, in any
property that is zoned for single-family residential, multiple-family residential or
mixed-use development.
Maximum unit size of an attached accessory dwelling unit is limited to 850
square feet for a studio or one-bedroom and 1,000 square feet for a two-
bedroom.
Detached accessory dwelling unit may be located up to a minimum of four (4)
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7293
Page 2
feet from the side or rear property line.
Maximum height of a detached accessory dwelling unit shall not exceed sixteen
(16) feet.
Prior to issuance of a building permit for an accessory dwelling unit, the property
owner shall record a deed restriction in a form approved by the City to notify
subsequent owners of the requirements of Section 19.04.030(2)(P) (Accessory
Dwelling Units).
Discussion
The Accessory Dwelling Units Ordinance was reviewed and introduced by the City
Council at its April 21, 2021 meeting. The Ordinance is now ready for adoption.
2020-2025 Strategic Targets and Goals
Development Code Amendment 21-01 aligns with Key Target No. 4(b): Update the
General Plan and Development Code. The specific amendments to the Development
Code standards for Accessory Dwelling Units proposed under Development Code
Amendment 21-01 will ensure that the Development Code is consistent with State law.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1559 adopting Development Code Amendment 21-
01 amending Title 19 (Development Code) of the City of San Bernardino Municipal
Code to establish standards for Accessory Dwelling Units.
Attachments
Attachment 1 Ordinance No. MC-1559
Attachment 2 Ordinance No. MC-1559, Exhibits A-D
Ward: All
Synopsis of Previous Council Actions:
April 21, 2021 Mayor and City Council introduced Ordinance No. MC-1559 to
approve Development Code Amendment 21-01.
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Ordinance No. MC-1559
1
ORDINANCE NO. MC-1559
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 21-01
AMENDING TITLE 19 (DEVELOPMENT CODE) OF THE
CITY OF SAN BERNARDINO MUNICIPAL CODE TO
ESTABLISH STANDARDS FOR ACCESSORY DWELLING
UNITS; AND FINDING THE STATUTORY EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, Accessory Dwelling Units have been identified by the State as providing an
important housing option to both potential renters and homeowners. They typically cost less than
other types of housing, provide convenient housing for family members, help ease a severe rental
housing deficit, maximize limited land resources and existing infrastructure, and assist
homeowners with supplemental income;
WHEREAS, on September 27, 2016, the Governor signed Assembly Bill 2299 and
Senate Bill 1069 amending California Government Code Section 65852.2 as it pertained to the
development of Accessory Dwelling Units;
WHEREAS, on January 1, 2017, amended California Government Code Section 65852.2
came into effect nullifying Section 19.04.030(2)(P) of the City of San Bernardino Development
Code regarding Accessory Dwelling Units;
WHEREAS, on October 8, 2017, the Governor signed Assembly Bill 494 and Senate
Bill 229 further amending California Government Code Section 65852.2 as it pertained to the
development of Accessory Dwelling Units;
WHEREAS, on October 9, 2019, the Governor signed Assembly Bill 494 and Senate
Bill 229 further amending California Government Code Section 65852.2 as it pertained to the
development of Accessory Dwelling Units and Junior Accessory Dwelling Units;
WHEREAS, on September 28, 2020, the Governor signed Assembly Bill 3182 further
amending California Government Code Section 65852.2 as it pertained to the development of
Accessory Dwelling Units and Junior Accessory Dwelling Units;
WHEREAS, on January 1, 2021, amended California Government Code Section 65852.2
came into effect;
WHEREAS, Development Code Amendment 21-01 is a City-initiated amendment to the
City of San Bernardino Development Code (Title 19) in order to establish standards for
Accessory Dwelling Units in order to comply with California Government Code 65852.2;
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WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has prepared Development Code Amendment 21-01
for consistency with the City of San Bernardino General Plan and compliance with the City of
San Bernardino Development Code;
WHEREAS, pursuant to requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community and Economic Development Department
evaluated Development Code Amendment 21-01 and determined that it is exempt from CEQA
under Section 15282(h) (Other Statutory Exemptions) of the CEQA Guidelines;
WHEREAS, on March 23, 2020, 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 2021-010 forwarding a recommendation of approval of Development
Code Amendment 21-01 to the Mayor and City Council;
WHEREAS, notice of the April 21, 2020 public hearing for the Mayor and City
Council's consideration of this proposed Ordinance was published in The Sun newspaper on
April 10, 2020 in accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Development Code
Amendment 21-01.
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. As the
decision-making body for the project, the Mayor and City Council has reviewed and considered
the information contained in the administrative record for Development Code Amendment 21-01.
Based upon the facts and information contained in the administrative record, including all written
and oral evidence presented to the Mayor and City Council, the Mayor and City Council hereby
finds, as follows:
(1) The administrative record has been completed in compliance with the California
Environmental Quality Act (“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 (“CEQA”) under Section 15282(h) (Other Statutory Exemptions) of
the CEQA Guidelines due to the fact that the activity involves adoption of an ordinance
regarding accessory dwelling units in a single-family or multiple-family residential zone by a
city or county to implement the provisions of Section 65852.2 of the California Government
Code as set forth in Section 21080.17 of the Public Resources Code; and
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Ordinance No. MC-1559
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(3) The determination of CEQA exemption reflects the independent judgment of the
Mayor and City Council.
SECTION 3. Finding of Facts – Development Code Amendment 21-01
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 20-01 is consistent with the General Plan,
as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s
unique Neighborhoods.
Land Use Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance
the character of San Bernardino’s neighborhoods.
San Bernardino contains a wide range of neighborhoods accommodating
an assortment of lifestyles: from the urban downtown multiple-family
dwellings, to student housing, to new and older suburban enclaves, to
hillside and golf course estates, to rural estates. Each neighborhood has, or
can have, its own unique character that is a source of pride for the
residents. Neighborhood character is defined by many factors: what the
neighborhood looks like, what it feels like, how well it is maintained, etc.
But more importantly, it is an image in the minds of those who live and
work there and in the perceptions of those who visit. Some neighborhoods
in San Bernardino are a source of pride for residents, as reflected by the
quality of their homes, the diversity of their residents, the beauty of their
streetscapes, and the availability of and access to, open space and
recreation opportunities. Other neighborhoods are in need of assistance to
help maintain, upgrade, and improve safety and aesthetics. One thing is
certain in the Vision for San Bernardino, there is a strong desire to
maintain, enhance, and improve the various neighborhoods in the
community.
The adoption and implementation of Development Code Amendment 21-
01 is consistent with the City’s General Plan by allowing for the
development of Accessory Dwelling Units within the single-family
residential and multi-family residential zones in a manner that will prevent
negative impacts to the existing residential neighborhoods and the
community at-large. While at the same time, as regulated by Development
Code Amendment 21-01, new Accessory Dwelling Units will serve the
City’s housing needs in compliance with California Government Code
Section 65852.2.
Finding No. 2: The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
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Finding of Fact: The adoption and implementation of Development Code Amendment 21-
01 is necessary and desirable for the development of the community and is
in the interests or furtherance of the public health, safety, convenience, and
general welfare. In enacting the aforementioned legislation the State
Legislature identified Accessory Dwelling Units (ADU) has an important
housing option for renters and homeowners, given the undersupply of
housing that exists in the State. Development Code Amendment 21-01
will bring the City’s Development Code into compliance with these
aforementioned statutes.
SECTION 4. Development Code Amendment 21-01 to amend the City of San
Bernardino Development Code (SBMC Title 19) attached hereto and incorporated herein by
reference as EXHIBIT “A” through “D,” is hereby approved.
SECTION 5. 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 final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933
of the Government Code of the State of California.
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Ordinance No. MC-1559
5
APPROVED and ADOPTED by the City Council and signed by the Mayor and att ested
by the City Clerk this 21st day of April, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Ordinance No. MC-1559
6
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-1559, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the ____ day of _________, 2021. Ordinance No. MC -
_______ was 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
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Packet Pg. 199 Attachment: Attachment 1 - Ordinance No. MC-1559 [Revision 1] (7293 : Accessory Dwelling Units Ordinance - Second Reading)
EXHIBIT A
Development Code Section 19.02.050
(Definitions)
19.02.050 (Definitions) shall be modified to read as follows:
Granny Flat. An additional dwelling unit intended for the sole occupancy of 1 or 2 adult persons
who are 62 years of age or over, and the floor area of the attached “granny” flat dwelling unit does
not exceed 30 percent of the existing living area of the primary residence or the floor area of the
detached “granny” flat dwelling unit does not exceed 1,200 square feet on a lot designated as
residential, as defined in Government Code Section 65852.1.
Second Dwelling Unit. An additional dwelling unit which may be rented, and the floor area of
the attached second dwelling unit does not exceed 30 percent of the existing living area of the
primary residence or the floor area of the detached second dwelling unit does not exceed 1,200
square feet on a lot designated as residential, as defined in Government Code Section 65852.2.
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Packet Pg. 200 Attachment: Attachment 2 - Ordinance No. MC-1559, Exhibits A-D (7293 : Accessory Dwelling Units Ordinance - Second Reading)
EXHIBIT B
Development Code Section 19.04.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)
19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01
(Residential Zones – Permitted, Development Permitted, and Conditionally Permitted Uses) shall
be modified to read as follows:
TABLE 04.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
LAND USE ACTIVITY RE RL RS RU RM RMH RH RSH
1. Residential Uses
A. Community Care Facility (6 or less) P P P P P P P X
B. Condominium or Townhouse D D D D D D D X
C. Convalescent Homes X X X C D D D X
D. Day Care Center C C C C C C C X
E. Day Care Homes, Family
8 or less children P P P P P P P X
9 to 15 children D D D D D D D X
F. Dormitories/Fraternity/Sorority X X X X C C C X
G. Homeless Facilities X X X X C C C X
H. Manufactured Housing D D D D D D D X
I. Mobile Home Parks or Subdivisions D D D D D D D X
J. Multi-Family Dwellings X X X D D D D X
K. Multi-Family Dwellings, Existing X X X P P P P X
L. Planned Residential Developments X X X D D D D X
M. Second Accessory Dwelling Unit P P P P P P P P
N. Senior Citizen/Congregate Care Housing X X X D D D D X
O. Single-Family Dwellings D D D D D D D X
P. Single-Family Dwellings, Existing P P P P P P P X
Q. Small Lot Subdivision X X X D D D D X
R. Student Housing Complex X X X X X X X C
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EXHIBIT C
Development Code Section 19.02.030(1)
(General Standards)
19.02.030(1) (General Standards) shall be modified to read as follows:
1. GENERAL STANDARDS
The standards contained in Table 04.02 (Residential Development Standards) relating to
density, lot area and configuration, building setbacks, building lot coverage and height,
accessory building and structure height, distance between buildings, and private outdoor living
space, apply to all residential zones, and shall be determined to be minimum requirements,
unless stated as maximum by this Development Code.
A. Single-Family Dwellings located in the RU, RM, RMH, or RH zones shall be
constructed in compliance with the development standards for the RS zone.
B. Accessory Dwelling Units shall be constructed in compliance with the requirements
of Section 19.04.030(2)(P).
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EXHIBIT D
Development Code Section 19.04.030(2)
(Residential Zones Specific Standards)
19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific
Standards) shall be modified to read as follows:
TABLE 04.03
RESIDENTIAL ZONES SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2
A. Accessory Structure + + + + + + + + + +
B. Day Care Facility + + + + + + + + + +
C. Day Care Home, + + + + + + +
Large Family
D. Density Bonus/Affordable + + + + + + + + + +
Housing or Amenities
E. Front/Rear Yard + + + + +
Averaging
F. Golf Courses & Related + + + + + + +
Facilities
G. Guest House + + + +
H. Minimum Room Size + + + + + + + + + +
I. Minimum Dwelling Size + + + + + + + + + +
J. Mobile Home & + + + + + + +
Manufactured Housing
K. Mobile Home Park or + + + + + + +
Subdivision
L. Multiple Family Housing + + + + + +
M. Multi-Family Housing, + + + +
Existing
N. Planned Residential +
Development
O. Recreational Vehicle + + + + + + +
Storage
P. Second Accessory
Dwelling Unit + + + + + + +
Q. Senior Citizen/ + + + + + + +
Congregate Care Housing
R. Single-Family Dwellings, + + + + + + + + + +
Existing
S. Small Lot Subdivisions +
T. Social Service Uses/ + + + + + +
Centers
U. Vocational/Trade Schools +
V. Student Housing Complex +
Key: “+” applies in the zone.
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EXHIBIT D
19.04.030(2)(P) (Second Dwelling Unit Housing Design Standards Standards) shall be replaced by
the following:
P. Accessory Dwelling Units
1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units
(ADUs) and junior accessory dwelling units (JADUs) in compliance with California
Government Code sections 65852.2 and 65852.22.
2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will
not be:
a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot
on which the ADU or JADU is located.
b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is
located.
c. Considered in the application of any local ordinance, policy, or program to limit
residential growth.
d. Required to correct a nonconforming zoning condition, as defined in subsection 3.g
below. This does not prevent the City from enforcing compliance with applicable
building standards in accordance with Health and Safety Code section 17980.12.
3. Definitions. As used in this section, terms are defined as follows:
a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential
dwelling unit that provides complete independent living facilities for one or more persons
and is located on a lot with a proposed or existing primary residence. An accessory
dwelling unit also includes the following:
i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety
Code; and
ii. A manufactured home, as defined by section 18007 of the California Health and
Safety Code.
b. “Accessory structure” means a structure that is accessory and incidental to a dwelling
located on the same lot.
c. “Complete independent living facilities” means permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family or multifamily
dwelling is or will be situated.
d. “Efficiency kitchen” means a kitchen that includes each of the following:
i. A cooking facility with appliances.
ii. A food preparation counter or counters that total at least 15 square feet in area.
iii. Food storage cabinets that total at least 30 square feet of shelf space.
e. “Junior accessory dwelling unit” or “JADU” means a residential unit that
i. is no more than 500 square feet in size,
ii. is contained entirely within an existing or proposed single-family structure,
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EXHIBIT D
iii. includes its own separate sanitation facilities or shares sanitation facilities with the
existing or proposed single-family structure, and
iv. includes an efficiency kitchen, as defined in subsection 3.d above.
f. “Living area” means the interior habitable area of a dwelling unit, including basements
and attics, but does not include a garage or any accessory structure.
g. “Nonconforming zoning condition” means a physical improvement on a property that
does not conform with current zoning standards.
h. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a
street to one entrance of the ADU or JADU.
i. “Proposed dwelling” means a dwelling that is the subject of a permit application and that
meets the requirements for permitting.
j. “Public transit” means a location, including, but not limited to, a bus stop or train station,
where the public may access buses, trains, subways, and other forms of transportation
that charge set fares, run on fixed routes, and are available to the public.
k. “Tandem parking” means that two or more automobiles are parked on a driveway or in
any other location on a lot, lined up behind one another.
4. Approvals. The following approvals apply to ADUs and JADUs under this section:
a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements
in subsection 5 below, it is allowed with only a building permit in the following scenarios
established by statute:
i. Converted on Single-family Lot: One ADU as described in this subsection 0 and
one JADU on a lot with a proposed or existing single-family dwelling on it, where the
ADU or JADU:
a) Is either: within the space of a proposed single-family dwelling; within the
existing space of an existing single-family dwelling; or within the existing space
of an accessory structure, plus up to 150 additional square feet if the expansion is
limited to accommodating ingress and egress; and
b) Has exterior access that is independent of that for the single-family dwelling; and
c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable
building and fire codes.
ii. Limited Detached on Single-family Lot: One detached, new-construction ADU on a
lot with a proposed or existing single-family dwelling (in addition to any JADU that
might otherwise be established on the lot under subsection 0 above), if the detached
ADU satisfies each of the following limitations:
a) The side- and rear-yard setbacks are at least four-feet.
b) The total floor area is 800 square feet or smaller.
c) The peak height above grade is 16 feet or less.
iii. Converted on Multifamily Lot: One or more ADUs within portions of existing
multifamily dwelling structures that are not used as livable space, including but not
limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if
each converted ADU complies with state building standards for dwellings. Under this
subsection 0, at least one converted ADU is allowed within an existing multifamily
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EXHIBIT D
dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling
units.
iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot
that has an existing multifamily dwelling if each detached ADU satisfies both of the
following limitations:
a) The side- and rear-yard setbacks are at least four-feet.
b) The peak height above grade is 16 feet or less.
b. Additional Criteria.
i. An ADU that does not qualify under the criteria set forth in subsection 4.a above may
be created with a building permit if it complies with the standards set forth in
subsections 5 and 6 below.
c. Process and Timing.
i. An ADU application is considered and approved ministerially, without discretionary
review or a hearing.
ii. The City must act on an application to create an ADU or JADU within 60 days from
the date that the City receives a completed application. If the City does not act upon
the completed application within 60 days, the application is deemed approved unless
either:
a) The applicant requests a delay, in which case the 60-day time period is tolled for
the period of the requested delay, or
b) When an application to create an ADU or JADU is submitted with a permit
application to create a new single-family dwelling on the lot, the City may delay
acting on the permit application for the ADU or JADU until the City acts on the
permit application to create the new single-family dwelling, but the application to
create the ADU or JADU will still be considered ministerially without
discretionary review or a hearing.
5. General ADU and JADU Requirements. The following requirements apply to all ADUs
and JADUs that are approved under subsections 4.a or 4.b above:
a. Zoning.
i. An ADU or JADU subject only to a building permit under subsection 4.a above may
be created on a lot in a residential or mixed-use zone.
ii. An ADU or JADU subject to an ADU permit under subsection 4.b above may be
created on a lot that is zoned to allow single-family dwelling residential use or
multifamily dwelling residential use.
b. Access. Each ADU and JADU must have direct exterior access that is separate from that
of the primary dwelling.
c. Fire Sprinklers. Fire sprinklers are required in an ADU if sprinklers are required in the
primary residence.
d. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.
e. No Separate Conveyance. An ADU or JADU may be rented, but no ADU or JADU may
be sold or otherwise conveyed separately from the lot and the primary dwelling (in the
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EXHIBIT D
case of a single-family lot) or from the lot and all of the dwellings (in the case of a
multifamily lot).
f. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment
system, the owner must include with the application a percolation test completed within
the last five years or, if the percolation test has been recertified, within the last 10 years.
g. Owner Occupancy. All JADUs are subject to an owner-occupancy requirement. A
natural person with legal or equitable title to the property must reside on the property, in
either the primary dwelling or JADU, as the person’s legal domicile and permanent
residence. However, the owner-occupancy requirement in this subsection Error!
Reference source not found. does not apply if the property is entirely owned by another
governmental agency, land trust, or housing organization.
h. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed
restriction must be recorded against the title of the property in the County Recorder’s
office and a copy filed with the Director. The deed restriction must run with the land and
bind all future owners. The form of the deed restriction will be provided by the City and
must provide that:
i. The ADU or JADU may not be sold separately from the primary dwelling.
ii. The ADU or JADU is restricted to the approved size and to other attributes allowed
by this section.
iii. The deed restriction runs with the land and may be enforced against future property
owners.
iv. The deed restriction may be removed if the owner eliminates the ADU or JADU, as
evidenced by, for example, removal of the kitchen facilities. To remove the deed
restriction, an owner may make a written request of the Director, providing evidence
that the ADU or JADU has in fact been eliminated. The Director may then determine
whether the evidence supports the claim that the ADU or JADU has been eliminated.
Appeal may be taken from the Director’s determination consistent with other
provisions of this Code. If the ADU or JADU is not entirely physically removed, but
is only eliminated by virtue of having a necessary component of an ADU or JADU
removed, the remaining structure and improvements must otherwise comply with
applicable provisions of this Code.
v. The deed restriction is enforceable by the Director or his or her designee for the
benefit of the City. Failure of the property owner to comply with the deed restriction
may result in legal action against the property owner, and the City is authorized to
obtain any remedy available to it at law or equity, including, but not limited to,
obtaining an injunction enjoining the use of the ADU or JADU in violation of the
recorded restrictions or abatement of the illegal unit.
6. Specific ADU Requirements. The following requirements apply only to ADUs that are
approved under subsection 4.b above.
a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to this subsection 6 is 850
square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two
or more bedrooms.
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EXHIBIT D
ii. An attached ADU that is created on a lot with an existing primary dwelling is further
limited to 50 percent of the floor area of the existing primary dwelling.
iii. Application of other development standards in this subsection 6, such as FAR or lot
coverage, might further limit the size of the ADU, but no application of the percent-
based size limit in subsection 0 above or of an FAR or lot coverage limit or open-
space requirement may require the ADU to be less than 800 square feet.
b. Setbacks.
i. An ADU that is subject to this subsection 6 must conform to a 25-foot front-yard
setback.
ii. An ADU that is subject to this subsection 6 must conform to 4-foot side- and rear-
yard setbacks.
iii. No setback is required for an ADU that is subject to this subsection 6 if the ADU is
constructed in the same location and to the same dimensions as an existing structure.
c. Lot Coverage. No ADU subject to this subsection 6 may cause the total lot coverage of
the lot to exceed 50 percent, subject to subsection 0 above.
d. Height. No ADU subject to this subsection 6 may exceed 16 feet in height above grade,
measured to the peak of the structure.
e. Passageway. No passageway, as defined by subsection 3.h above, is required for an
ADU.
f. No Replacement Parking. When a garage, carport, or covered parking structure is
demolished in conjunction with the construction of an ADU or converted to an ADU,
those off-street parking spaces are not required to be replaced.
g. Architectural Requirements.
i. The materials and colors of the exterior walls, roof, and windows and doors must
match the appearance and architectural design of those of the primary dwelling.
ii. The roof slope must match that of the dominant roof slope of the primary dwelling.
The dominant roof slope is the slope shared by the largest portion of the roof.
iii. The exterior lighting must be limited to down-lights or as otherwise required by the
building or fire code.
iv. The ADU must have an independent exterior entrance, apart from that of the primary
dwelling. The ADU entrance must be located on the side or rear building façade, not
facing a public-right-of-way.
7. Fees. The following requirements apply to all ADUs and JADUs that are approved under
subsections 4.a or 4.b above.
a. Impact Fees.
i. No impact fee is required for an ADU or JADU that is less than 750 square feet in
size. For purposes of this subsection 7.a, “impact fee” means a “fee” under the
Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov.
Code § 66477). “Impact fee” here does not include any connection fee or capacity
charge for water or sewer service.
ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size
must be charged proportionately in relation to the square footage of the primary
dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the
primary dwelling, times the typical fee amount charged for a new dwelling.)
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EXHIBIT D
b. Utility Fees.
i. If an ADU or JADU is constructed with a new single-family home, a separate utility
connection directly between the ADU or JADU and the utility and payment of the
normal connection fee and capacity charge for a new dwelling are required.
ii. Except as described in subsection 0, converted ADUs and JADUs on a single-family
lot that are created under subsection 0 above are not required to have a new or
separate utility connection directly between the ADU or JADU and the utility. Nor is
a connection fee or capacity charge required.
iii. Except as described in subsection 0, all ADUs and JADUs that are not covered by
subsection 0 require a new, separate utility connection directly between the ADU or
JADU and the utility.
a) The connection is subject to a connection fee or capacity charge that is
proportionate to the burden created by the ADU or JADU, based on either the
floor area or the number of drainage-fixture units (DFU) values, as defined by the
Uniform Plumbing Code, upon the water or sewer system.
b) The portion of the fee or charge that is charged by the City may not exceed the
reasonable cost of providing this service.
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 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 April 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 April 4, 2021 $2,200,617.06
Monthly for April 15, 2021 11,666.69
Total Payroll Demands: $2,212,283.75
The following check registers are being presented for approval:
April 8, 2021 2020/21 (Register #41)$2,350,525.61
April 15, 2021 2020/21 (Register #42)904,692.87
Total commercial check demands:$3,255,218.48
The following Electronic Funds Transfer (EFT) registers presented for approval:
April 6 to April 9, 2021 2020/21 (Register #1078-#1083)1,120,210.51
Total commercial EFT demands:$1,120,210.51
2020-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Financial Stability by creating a framework
for spending decisions.
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Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no furth er 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 April 2021.
Attachments
Attachment 1 Payroll Summary Report for April 2021
Attachment 2 Commercial checks & Payroll Register #41
Attachment 3 Commercial checks & Payroll Register #42
Attachment 4 Commercial EFT Registers #1078-1083
Ward: All
Synopsis of Previous Council Actions: N/A
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Packet Pg. 231 Attachment: Attachment 3 - Commercial Checks & Payroll Register #42 (7290 : Approval of Commercial
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Edelia Eveland, Director of Human Resources
Subject: Amendment to AALRR Legal Service Agreements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2021-103:
1. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV DS 2013562;
2. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV DS 2012538;
3. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino
Superior Court Case No. CIV DS 2012926;
4. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino
Superior Court Case No. CIV SB 2025375;
5. Approving the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV SB 2025900; and
6. Authorizing the City Manager to execute the amendments to the legal services
agreements.
Background
The City entered into legal services agreements with Atkinson, Andelson, Loya, Ruud &
Romo (AALRR) in the amount of $50,000 each pursuant to 3.04.085(A) of the Municipal
Code to represent the City in the following San Bernardino Superior Court cases: Jackie
Aboud v. John Valdivia, et al., CIV DS 2013562; Karen Cervantes v. John Valdivia, et
al., CIV DS 2012538; Mirna Cisneros v. John Valdivia, et al, CIV DS 2012926; Donald
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Smith v. John Valdivia, et al, CIV SB 2025375; and Matthew Brown v. City of San
Bernardino, et al. CIV SB 2025900. AALRR is a full-service law firm with an emphasis in
employment and labor law, and has represented the City capably and efficiently. The
cases remain active.
Discussion
Continued representation is essential to protect the City’s interest and avo id
unnecessary liability. In addition, utilizing the same firm provides efficiency that would
be lost should the cases need to be transferred to a different firm. At this time, it is
necessary to increase the cap under the legal services agreements to perm it continued
representation of the City in these cases. The proposed increases to the legal services
agreements with AALRR are as follows: (1) an additional $125,000 for case no.
CIVDS2013562 increasing the total contract amount to $175,000; (2) an additio nal
$150,000 for case no. CIV DS 2012538 increasing the total contract amount to
$200,000; (3) an additional $200,000 for case no. CIV DS 2012926 increasing the total
contract amount to $250,000; (4) an additional $100,000 for case no. CIV SB 2025375
increasing the total contract amount to $150,000; and (5) an additional $100,000 for
case no. CIV SB 2025900 increasing the total contract amount to $150,000.
2020-2025 Key Strategic Targets and Goals
Authorization of this amendment aligns with Key Target No. 1d: Financial Stability -
Minimize Risk and Litigation Exposure. Continued legal representation of the City in
these cases protects the City’s interest and avoids unnecessary liability.
Fiscal Impact
There is funding to support the contract amendments in FY 2020/21 budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California adopt Resolution No. 2021-103:
1. Approve the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV DS 2013562;
2. Approve the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV DS 2012538;
3. Approve the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV DS 2012926;
4. Approve the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV SB 2025375;
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5. Approve the first amendment to the legal services agreement with Atkinson,
Andelson, Loya, Ruud & Romo for representation in the San Bernardino Superior
Court Case No. CIV SB 2025900; and
6. Authorize the City Manager to execute the amendments to the legal services
agreements.
Attachments
Attachment 1 Resolution 2021-103
Attachment 2 Exhibit A-First Amendment Agreement (Case No. CIV DS 2013562)
Attachment 3 Exhibit B-First Amendment Agreement (Case No. CIV DS 2012538)
Attachment 4 Exhibit C-First Amendment Agreement (Case No. CIV DS 2012926)
Attachment 5 Exhibit D-First Amendment Agreement (Case No. CIV SB 2025375)
Attachment 6 Exhibit E-First Amendment Agreement (Case No. CIV SB 2025900)
Attachment 7 Original Agreements
Ward: All
Synopsis of Previous Council Actions: N/A
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RESOLUTION NO. 2021-103
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, (1)
APPROVING THE FIRST AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH ATKINSON, ANDELSON,
LOYA, RUUD & ROMO FOR REPRESENTATION IN THE
SAN BERNARDINO SUPERIOR COURT CASE NO. CIV DS
2013562; (2) APPROVING THE FIRST AMENDMENT TO
THE LEGAL SERVICES AGREEMENT WITH ATKINSON,
ANDELSON, LOYA, RUUD & ROMO FOR
REPRESENTATION IN THE SAN BERNARDINO SUPER
COURT CASE NO. CIV DS 2012538; (3) APPROVING THE
FIRST AMENDMENT TO THE LEGAL SERVICES
AGREEMENT WITH ATKINSON, ANDELSON, LOYA,
RUUD & ROMO FOR REPRESENTATION IN THE SAN
BERNARDINO SUPERIOR COURT CASE NO. CIV DS
2012926; (4) APPROVING THE FIRST AMENDMENT TO
THE LEGAL SERVICES AGREEMENT WITH ATKINSON,
ANDELSON, LOYA, RUUD & ROMO FOR
REPRESENTATION IN THE SAN BERNARDINO
SUPERIOR COURT CASE NO. CIV SB 2025375; (5)
APPROVING THE FIRST AMENDMENT TO THE LEGAL
SERVICES AGREEMENT WITH ATKINSON, ANDELSON,
LOYA, RUUD & ROMO FOR REPRESENTATION IN THE
SAN BERNARDINO SUPERIOR COURT CASE NO. CIV SB
2025900; AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENTS TO THE LEGAL
SERVICES AGREEMENTS
WHEREAS, the City entered into legal services agreements with Atkinson, Andelson,
Loya, Ruud & Romo (AALRR) in the amount of $50,000 each pursuant to 3.04.085(A) of the
Municipal Code to represent the City in the following San Bernardino Superior Court cases:
Jackie Aboud v. John Valdivia, et al., CIV DS 2013562; Karen Cervantes v. John Valdivia, et al.,
CIV DS 2012538; Mirna Cisneros v. John Valdivia, et al, CIV DS 2012926; Donald Smith v.
John Valdivia, et al, CIV SB 2025375; and Matthew Brown v. City of San Bernardino, et al. CIV
SB 2025900;
WHEREAS, AALRR is a full-service law firm with an emphasis in employment and
labor law, and has represented the City capably and efficiently;
WHEREAS, continued representation is essential to protect the City’s interest and avoid
unnecessary liability; and
WHEREAS, the proposed increases to the legal services agreements with AALRR are as
follows: (1) an additional $125,000 for case no. CIV DS 2013562 increasing the total contract
amount to $175,000; CIV DS 203562; (2) an additional $150,000 for case no. CIV DS 2012538
11.a
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Resolution No. 2021-103
increasing the total contract amount to $200,000; (3) an additional $200,000 for case no. CIV DS
2012926 increasing the total contract amount to $250,000; (4) an additional $100,000 for case
no. CIV SB 2025375 increasing the total contract amount to $150,000; and (5) an additional
$100,000 for case no. CIV SB 2025900 increasing the total contract amount to $150,000.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute the first amendments to
the legal service agreements with Atkinson, Andelson, Loya, Ruud & Romo (AALRR), copies
which are attached hereto and marked Exhibit A, B, C, D & E.
SECTION 3. The Director of Finance is hereby authorized to amend the Purchase Orders
to Atkinson, Andelson, Loya, Ruud & Romo.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2021-103
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
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EXHIBIT A
FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO
This First Amendment (“First Amendment”) to the Professional Services Agreement
dated May 5, 2021 is made and entered into by and between the City of San Bernardino (“City”)
and Atkinson, Andelson, Loya, Ruud & Romo (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On August 28, 2020, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to Jackie Aboud, an individual v.
John Valdivia, et al. San Bernardino Superior Co. Case No. CIVDS 2013562
(“Original Agreement”).
b. City and Consultant now desire to increase the amount of the Original Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $175,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2021 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2021 CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
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Packet Pg. 265 Attachment: Attachment 2 - Exhibit A - First Amendment (7288 : Amendment to AALRR Legal Service Agreements (All Wards))
EXHIBIT B
FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO
This First Amendment (“First Amendment”) to the Professional Services Agreement
dated May 5, 2021 is made and entered into by and between the City of San Bernardino (“City”)
and Atkinson, Andelson, Loya, Ruud & Romo (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On August 28, 2020, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to Karen Cervantes, an individual v.
John Valdivia, et al. San Bernardino Superior Co. Case No. CIVDS 2012538
(“Original Agreement”).
b. City and Consultant now desire to increase the amount of the Original Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $200,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2021 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2021 CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
11.c
Packet Pg. 266 Attachment: Attachment 2 - Exhibit B - First Amendment (7288 : Amendment to AALRR Legal Service Agreements (All Wards))
EXHIBIT C
FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO
This First Amendment (“First Amendment”) to the Professional Services Agreement
dated May 5, 2021 is made and entered into by and between the City of San Bernardino (“City”)
and Atkinson, Andelson, Loya, Ruud & Romo (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On August 28, 2020, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to Mirna Cisneros, an individual v.
John Valdivia, et al. San Bernardino Superior Co. Case No. CIVDS 2012926
(“Original Agreement”).
b. City and Consultant now desire to increase the amount of the Original Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $250,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2021 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2021 CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
11.d
Packet Pg. 267 Attachment: Attachment 2 - Exhibit C - First Amendment (7288 : Amendment to AALRR Legal Service Agreements (All Wards))
EXHIBIT D
FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO
This First Amendment (“First Amendment”) to the Professional Services Agreement
dated May 5, 2021 is made and entered into by and between the City of San Bernardino (“City”)
and Atkinson, Andelson, Loya, Ruud & Romo (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On January 27, 2021, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to Don Smith, an individual v. John
Valdivia, et al. San Bernardino Superior Co. Case No. CIVSB 2025375 (“Original
Agreement”).
b. City and Consultant now desire to increase the amount of the Original Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $150,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2021 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2021 CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
11.e
Packet Pg. 268 Attachment: Attachment 2 - Exhibit D - First Amendment (7288 : Amendment to AALRR Legal Service Agreements (All Wards))
EXHIBIT E
FIRST AMENDMENT TO THE LEGAL SERVICES AGREEMENT
WITH ATKINSON, ANDELSON, LOYA, RUUD & ROMO
This First Amendment (“First Amendment”) to the Professional Services Agreement
dated May 5, 2021 is made and entered into by and between the City of San Bernardino (“City”)
and Atkinson, Andelson, Loya, Ruud & Romo (“Consultant”) as of the last date set forth below.
1. This Amendment is made with respect to the following facts and purposes:
a. On January 27, 2021, the City and Consultant entered into a Services Agreement
for the provision of legal services pertaining to Matthew Brown, an individual v.
John Valdivia, et al. San Bernardino Superior Co. Case No. CIVSB 2025900
(“Original Agreement”).
b. City and Consultant now desire to increase the amount of the Original Agreement.
2. The Original Agreement is hereby amended to increase the total not to exceed amount
from $50,000 to $150,000.
3. Except as modified by this First Amendment, all provisions of the Original
Agreement shall remain in full force and effect for the term thereof.
4. This First Amendment may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one and the same instrument.
Dated: _____, 2021 ATKINSON, ANDELSON, LOYA, RUUD & ROMO
By: Irma Rodriguez Moisa,
Its: Partner
Dated: _____, 2021 CITY OF SAN BERNARDINO
By: Robert D. Field
Its: City Manager
11.f
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Zero Emission Vehicle Parking Stalls - Santa Fe Depot (Ward
1)
Recommendation
Adopt Resolution No. 2021-104 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the designation of fifteen parking stalls in the Santa
Fe Depot East Parking Lot for the exclusive purpose of fueling and parking of Zero -
Emission Vehicles (ZEV) in accordance with California Vehicle Code Section 22511.
Background
On April 21, 2018, the San Bernardino County Transportation Authority (SBCTA) and
the City of San Bernardino executed Contract 04-040 which specifies the roles and
responsibilities of each entity in regards to the Santa Fe Depot. Section 8.07 of
Contract 04-040 authorizes SBCTA’s exclusive use of the East Parking Lot. SBCTA
owns and is responsible for the installation and maintenance of the electric vehicle
chargers. SBCTA may set and charge fees for the use of the electrical vehicle chargers
and must make them available to the public at all times.
California Vehicle Code Section 22511 authorizes the local authority having jurisdiction
over an off-street parking facility to designate certain parking spaces for the exclusive
purpose of fueling and parking of Zero Emission Vehicles (ZEV). On August 15, 2018,
the Mayor and City Council of the City of San Bernardino authorized the designation
and enforcement of six Zero Emission Vehicle stalls at the Sante Fe Depot. SBCTA
has recently installed an additional 15 ZEV parking stalls. The attached Resolution will
further authorize the designation and the enf orcement of unauthorized parking in these
additional fifteen stalls.
Discussion
On March 22 of 2021, the San Bernardino County Transportation Authority (SBCTA)
completed the installation of fifteen electric vehicle charging stations in the parking lot
located on the east side of the Santa Fe Depot. The stalls are located as follows:
Two stalls - On the public parking lot located east of the Santa Fe Depot and on
the northwest corner of the intersection of 3rd Street and “K” Street; the fourth
through fifth parking stalls (two total spaces) of the westernmost row counting the
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stalls in sequence from south to north.
Five stalls - On the public parking lot located west of the Santa Fe Depot and on
the northeast corner of the intersection of 3rd Street an d Metrolink Way; the
fourth through seventh parking stalls (four total spaces) of the southernmost row
counting the stalls in sequence from east to west; and the first stall (one total
space) of the northernmost row counting the stalls in sequence from east to west.
Eight stalls - On the public parking lot located south of the San Bernardino
Transit Center; the eighth through fifteenth parking stalls (eight total spaces) of
the westernmost row counting the stalls in sequence from south to north.
The proposed Resolution will authorize regulation for the use and allow enforcement of
these additional ZEV charging stations.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 4C: Economic Growth and Development -
Roll out a strategy to create a 21st century urban care. Electric vehicles are becoming
more integrated into everyday life. Increasing the number of available parking, in
partnership with San Bernardino County Transit Authority, is in line with the City’s goal.
Fiscal Impact
There is no General Fund impact associated with this action as all costs associated with
the installation were paid by SBCTA.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No.2021-104 authorizing the designation of fifteen parking
stalls in the Santa Fe Depot East Parking Lot for the exclusive purpose of fueling and
parking of Zero-Emission Vehicles (ZEV) in accordance with California Vehicle Code
Section 22511.
Attachments
Attachment 1 Resolution No. 2021-104
Attachment 2 Resolution No. 2018-231
Ward: 1
Synopsis of Previous Council Actions:
August 15, 2018 Mayor and City Council adopted Resolution No. 2018-231
designating six ZEV parking stalls at Santa Fe Depo t parking lot.
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RESOLUTION NO. 2021-104
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
AUTHORIZING THE DESIGNATION OF FIFTEEN
PARKING STALLS IN THE SANTE FE DEPOT EAST
PARKING LOT FOR THE EXCLUSIVE PURPOSE OF
FUELING AND PARKING OF ZERO-EMISSION
VEHICLES (ZEV) IN ACCORDANCE WITH CALIFORNIA
VEHICLE CODE SECTION 22511
WHEREAS, California Vehicle Code Section 22511 authorizes the local authority
having jurisdiction over an off-street parking facility to designate certain parking spaces for the
exclusive purpose of fueling and parking of Zero-Emission Vehicles (ZEV); and
WHEREAS, on April 21, 2018, the San Bernardino County Transportation Authority
(SBCTA) and the City of San Bernardino, California executed Contract 04-040, where section
8.07 Parking and Electrical Vehicle Chargers, authorizes SBCTA’s exclusive use of East Parking
Lot; and
WHEREAS, SBCTA is responsible for installation, maintenance, and revenue collection
of electrical vehicle parking stalls at the Santa Fe Depot; and
WHEREAS, on March 22, 2021, the San Bernardino County Transportation Authority
(SBCTA) completed the installation of fifteen electric vehicle charging stations in the parking lot
located on the east side of the Santa Fe Depot.
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: For the purpose of designating the following parking stalls located in off-
street public parking facilities for the exclusive purpose of fueling and parking a Zero-Emission
Vehicle (ZEV) in accordance with California Vehicle Code Section 22511.
1) Two stalls - On the public parking lot located east of the of the Santa Fe
Depot and on the northwest corner of the intersection of 3rd Street and “K”
Street; the fourth through fifth parking stalls (two total spaces) of the
westernmost row counting the stalls in sequence from south to north
2) Five stalls - On the public parking lot located west of the Santa Fe Depot
and on the northeast corner of the intersection of 3rd Street and Metrolink
Way; the fourth through seventh parking stalls (four total spaces) of the
southernmost row counting the stalls in sequence from east to west; and the
12.a
Packet Pg. 302 Attachment: Attachment 1 - Resolution No. 2021-104, Exhibit "A" (7233 : Zero Emission Vehicle Parking Stalls - Santa Fe Depot (Ward 1))
Resolution No. 2021-104
first stall (one total space) of the northernmost row counting the stalls in
sequence from east to west.
3) Eight stalls - On the public parking lot located south of the San Bernardino
Transit Center; the eighth through fifth parking stalls (eight total spaces) of
the westernmost row counting the stalls in sequence from south to north.
SECTION 3: Any person violating this Resolution shall be deemed guilty of an
infraction and upon conviction thereof shall be fined as set forth in Section 10.44.010 of the
Municipal Code.
SECTION 4: That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5: Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
12.a
Packet Pg. 303 Attachment: Attachment 1 - Resolution No. 2021-104, Exhibit "A" (7233 : Zero Emission Vehicle Parking Stalls - Santa Fe Depot (Ward 1))
Resolution No. 2021-104
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 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
12.a
Packet Pg. 304 Attachment: Attachment 1 - Resolution No. 2021-104, Exhibit "A" (7233 : Zero Emission Vehicle Parking Stalls - Santa Fe Depot (Ward 1))
12.b
Packet Pg. 305 Attachment: Attachment 2 - Resolution 2018-231 (7233 : Zero Emission Vehicle Parking Stalls - Santa Fe Depot (Ward 1))
12.b
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Irrevocable Agreement to Annexation No. 2021-363 (Ward 6)
Recommendation
Adopt Resolution No. 2021-105 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within unincorporated territory
located at 18980 Cajon Blvd (APN 0265-272-11) and authorizing the City Manager to
execute an Irrevocable Agreement to Annex.
Background
The San Bernardino Municipal Water Department has recently received a request for
sewer service from the owner of the parcel located at 18980 Cajon Boulevard (APN
0348-141-15) for a connection to the sewer collection system. The parcel is located in
an unincorporated area along the north side of Cajon Boulevard, north of i ntersection of
Kendall Drive and Cajon Boulevard, and south of Bennett Road. The property owner is
developing two 4,350 square foot industrial warehouse buildings and is requesting to
connect to the sewer collection system.
In 1994, the California Government Code Section was amended by the addition of
Section 56133, which requires the Local Agency Formation Commission (LAFCO) to
approve the provision of new City services outside its corporate boundaries. The
annexation of single parcels is not desirable since it creates uneven boundaries and
creates confusion regarding the delivery of other City services. This property is
contiguous to City boundaries; however annexation of this property would result in other
islands.
In September of 1997, the City adopted a policy relative to the providing of sewer
services outside of City boundaries. The policy includes a payment of $1,321 for the
initial sewer connection application processing fee. Additionally, the petitioner will pay
all LAFCO related fees directly to LAFCO and the normal sewer capacity and
connection fees to the Water Department for processing the Irrevocable Annexation
Agreement.
The policy also requires the land use to be consistent with the City's General Plan and
the property owner to execute an "Irrevocable Agreement to Annex" in the event that
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this property is included in an annexation proceeding sometime in the future.
Discussion
The Water Department has indicated that there is adequate capacity at the wastewater
treatment plant to serve this property and the Planning Department has indicated that
the proposed land use is consistent with the City's General Plan. The Engineering
Department has determined that there is an existing 15-inch sewer line main that runs
within Cajon Boulevard, fronting this property.
LAFCO requires that the application be made by the Agency that is to provide the
service. The resolution will allow the City to submit an application to LAFCO if approved
by Mayor and City Council. Upon approval by LAFCO the Irrevo cable Agreement to
annex will be executed between the City and the applicant.
2020-2025 Key Strategic Targets and Goals
The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the
General Plan and Development Code as it ensures this property meets General Plan
use and will be included in a future City annexation of this unincorporated area.
Fiscal Impact
There is no fiscal impact associated with this action. The $1,321 for the sewer
connection application processing fee has been paid by the applicant. The applicant
will also pay the corresponding sewer capacity and connection fees to the Water
Department, and other LAFCO application fees.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardi no,
California, adopt Resolution No. 2021-105, approving the Application to the Local
Agency Formation Commission to provide City sewer services to property within
unincorporated territory located at 18980 Cajon Blvd (APN 0265 -272-11) and
authorizing the City Manager to execute an Irrevocable Agreement to Annex.
Attachments
Attachment 1 Resolution No. 2021-105
Attachment 2 Exhibit A - Irrevocable Agreement to Annex
Attachment 3 Vicinity Map
Attachment 4 Application
Ward: Future Ward 6 (Currently unincorporated)
Synopsis of Previous Council Actions:
1994 The California Government Code Section was amended by the
addition of Section 611, which requires the Local Agency Formation
Commission (LAFCO) to approve the provision of new City services
outside its corporate boundaries.
September 1997 The City of San Bernardino adopted a policy relative to the
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providing of sewer services outside of City boundaries.
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RESOLUTION NO. 2021-105
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE APPLICATION TO THE LOCAL
AGENCY FORMATION COMMISSION TO PROVIDE
CITY SEWER SERVICES TO PROPERTY WITHIN
UNINCORPORATED TERRITORY LOCATED AT 18980
CAJON BOULEVARD
WHEREAS, Defoe Properties, LLC, the owner of the property in an unincorporated area
at the address of at 18980 Cajon Boulevard, also known as Assessor’s Parcel Numbers 0348-
141-15, has requested connection to the City of San Bernardino’s sewage system; and
WHEREAS, said Property is located within the City’s Sphere of Influences; and
WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San
Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer
service outside the corporate limits of the City of San Bernardino; and
WHEREAS, pursuant to California Government Code Section 56133, a city or district
may provide new or extended services by contract or agreement outside its jurisdictional
boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and
WHEREAS, pursuant to Resolution No. 97-275 the property owner requesting
connection to the City’s sewage system must pay all applicable fees required by the City, San
Bernardino Municipal Water District, and LAFCO.
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. That the Mayor and City Council of the City of San Bernardino hereby
authorize an application to the LAFCO for the connection to the City’s sewage system for
property located at 18980 Cajon Boulevard, Assessor’s Parcel Number 0384-141-15, more fully
described as follows:
Lot 12 of Tract No. 3158, in the County of San Bernardino, State of California, as per
map recorded in Book 42, Page 80 of maps, in the office of the County Recorder of San
Bernardino County, State of California with Assessor’s Parcel Number(s): 0348-141-15
(“Property”).
SECTION 3. The City Manager, or his designee, is hereby authorized to execute an
Irrevocable Agreement to Annex No. 2021-363, a copy of which is attached as Exhibit “A”.
13.a
Packet Pg. 310 Attachment: Attachment 1- Resolution No. 2021-105 (7236 : Irrevocable Agreement to Annexation No. 2021-363 (Ward 6))
Resolution No. 2021-105
SECTION 4. That the City Clerk of said City is hereby authorized and directed to file, or
cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 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. 311 Attachment: Attachment 1- Resolution No. 2021-105 (7236 : Irrevocable Agreement to Annexation No. 2021-363 (Ward 6))
Resolution No. 2021-105
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
13.a
Packet Pg. 312 Attachment: Attachment 1- Resolution No. 2021-105 (7236 : Irrevocable Agreement to Annexation No. 2021-363 (Ward 6))
LAFCO SC#
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City of San Bernardino
290 N. D Street
San Bernardino, California 92401
Attn: City Manager
Exempt from Recording fee
pursuant to Gov't Code §§ 27383, 6103
(Space above for Recorder’s use)
IRREVOCABLE AGREEMENT TO ANNEX
No. 2021-363
This Irrevocable Agreement to Annex (“Agreement), is entered into this day of
April 21, 2021; by and between Defoe Properties LLC, an California Limited Liability
Company Hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a
charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY
may be referred to in this Agreement individually as “Party” and collectively as “Parties”.
RECITALS:
WHEREAS, OWNER holds title to the unincorporated parcel, located at 18980
Cajon Boulevard, San Bernardino , California, and parcel is further described as
follows: Lot 12 of Tract No. 3158, in the County of San Bernardino,
State of California, as per map recorded in Book 42, Page 80 of
maps , in the office of the County Recorder of San Bernardino County, State of
California with Assessor’s Parcel Number(s): 0348-141-15 (“Property”).
WHEREAS, the Property is within the CITY’s sphere of influence; and
WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater
treatment plant service for the Property; and
WHEREAS, CITY’s sewage system and wastewater treatment plant service could
be provided to the Property by connecting to the CITY’s sewage system; and
WHEREAS, CITY’s sewage system and wastewater treatment plant have
sufficient capacity to convey and treat the sewage generated by the Property; and
WHEREAS, the covenants and conditions set forth herein shall create an
equitable servitude upon the parcel, and shall be fully binding upon OWNER’s heirs,
successors and assigns.
NOW, THEREFORE, the Parties hereto agree as follows:
13.b
Packet Pg. 313 Attachment: Attachment 2 - Resolution No. 2021-105; Exhibit A - Irrevocable Agreement to Annex (7236 : Irrevocable Agreement to Annexation
363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____
SECTION I OWNER AGREES:
a. To consent to the annexation of the Property to the CITY. OWNER agrees to
covenant for itself, its agents, employees, contractors, heirs, successors and
assigns (“Successors”) not in any way object to, protest, delay, frustrate or
otherwise impede any annexation proceedings concerning the annexation of the
Property to the CITY. OWNER and its Successors shall cooperate in every
reasonable way with the requests of the CITY, the San Bernardino Local
Agency Formation Commission (“LAFCO”), or any other public agency in any
proceedings to annex the Property to the CITY. The OWNER’s and its
Successor’s cooperation shall include, but not be limited to, the filing of all
necessary applications, petitions, plans, drawings, and any other documentation
or information required by the CITY, LAFCO, or any other public agency.
b. To pay such annexation fees and costs and other municipal charges as would
ordinarily be charged in the annexation of property to the CITY. Said fees shall
be payable when the same becomes due and payable.
c. To pay all fees and charges and make all deposits required by the CITY to
connect to and use the CITY’s sewage system and wastewater treatment plant
service system, and further agrees to be bound by all CITY ordinances, rules
and regulations respecting the sewage system.
d. To acknowledge that execution of this Agreement to annex is on behalf of all
future heirs, successors and assigns; and that said Agreement shall be
irrevocable without written consent of CITY.
e. To comply with the San Bernardino Municipal Code and any rules and
regulations promulgated by the Water Board of the San Bernardino Municipal
Water Department relating to CITY’s sewage system and wastewater treatment
plant service system.
f. To make application to LAFCO, and allow CITY to make application on behalf
of the OWNER and pay all application fees, for approval to connect to CITY’s
sewage system, pursuant to Section 56133 of the Government Code.
g. To execute a standard form agreement with CITY stipulating the terms and
conditions under which the connection to the CITY’s sewage system and
wastewater treatment plant service system shall be made and maintained.
h. OWNER acknowledges and agrees that if CITY determines that any attempted
annexation fails or is unreasonably delayed because the OWNER or Successor
failed to exercise good faith and best efforts to cause or assist in permitting the
annexation to occur, any connection to CITY’s sewage system and wastewater
treatment plant service system permitted or authorized by this agreement may
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363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____
be disconnected at the sole option of CITY and upon reasonable notice to the
OWNER to provide for alternative service.
i. OWNER agrees to maintain the Property in good condition and in compliance
with reasonable residential standards. Reasonable standards are defined as the
level of maintenance service necessary to keep the appearance and operation of
the Property free from visible defects, deterioration, dirt and debris.
j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff
harmless from any and all liability, claims, costs (including reasonable
attorneys’ fees), damages, expenses and causes of action resulting from any
construction performed under or otherwise related to performance of this
Agreement.
SECTION II CITY AGREES:
a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s
sewage system and wastewater treatment plant service system, subject to
payment of all applicable fees and permits.
SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS:
a. City Clerk for CITY shall record this Agreement with the County Recorder.
b. The benefit to the subject parcel will inure to the benefit of subsequent owners,
their heirs, successors, and assigns, and the agreements, conditions, and
covenants contained herein shall be binding upon them and upon the land.
c. The approval granted to connect said parcel to CITY’s sewage system and
wastewater treatment plant service system is contingent upon OWNER
securing approval from LAFCO.
d. This Agreement may be executed in counterparts.
e. CITY and OWNER acknowledge that this Agreement is the product of mutual
arms-length negotiation and drafting. Accordingly, the rule of construction
which provides the ambiguities in a document shall be construed against the
drafter of that document shall have no application to the interpretation and
enforcement of this Agreement. In any action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to any extrinsic evidence
not in direct conflict with any specific provision of this Agreement to determine
and give effect to the intention of the parties.
f. This Agreement may only be amended by the written consent of all of the
Parties at the time of such amendment. If either Party commences an action
against the other Party arising out of or in connection with this Agreement, the
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363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____
prevailing party shall be entitled to have and recover from the losing Party
reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such
attorneys’ fees and costs, such award shall constitute a lien upon the Property.
g. Failure to insist on any one occasion upon strict compliance with any of the
terms, covenants or conditions hereof shall not be deemed a waiver of such
term, covenant or condition, nor shall any waiver or relinquishment of any
rights or powers hereunder at any one time or more times be deemed a waiver
or relinquishment of such other right or power at any other time or times.
h. This Agreement has been executed in and shall be governed by the laws of the
State of California. Venue shall be in the County of San Bernardino.
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363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____
SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX
IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be
entered into as of the Effective Date set forth above.
CITY OF SAN BERNARDINO
Approved By:
OWNER
Robert D. Field
City Manager
Signature
Name
Sonia Carvalho
City Attorney
Attested By:
Genoveva Rocha
CMC, City Clerk
13.b
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ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On before me, , Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
13.b
Packet Pg. 318 Attachment: Attachment 2 - Resolution No. 2021-105; Exhibit A - Irrevocable Agreement to Annex (7236 : Irrevocable Agreement to Annexation
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed
the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
On before me, , Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Public
(Seal)
13.b
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13.c
Packet Pg. 320 Attachment: Attachment 3 - Vicinity Map (7236 : Irrevocable
13.d
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13.d
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13.d
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 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 - Various Signal Lights Upgrade
(Wards 1,4,6,7)
Adopt Resolution No. 2021-106 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with Comet Electric,
Inc., in the amount of $1,054,960 to provide the construction of traffic signal
upgrades;
2. Authorizing the project construction, construction contingencies , and inspection
costs in the total amount of $1,190,960 for Construction of Traffic Signal
Upgrades (“Project”); and
3. Authorizing the Director of Finance to reallocate $175,443.27 from the Highland
Interconnect Project (Account number 263 -160-8679*5504) to fund the project
construction, construction contingencies, and inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Background
The City of San Bernardino Public Works Department is responsible for maintaining and
operating over 300 traffic signals throughout the City. On an an nual basis, the Operation
and Maintenance division conducts traffic signal inspections and recommends to
engineering a replacement program for locations that outlived their design life and are
showing signs of deterioration which poses operational challenges to maintain. There
are three traffic signal locations within the City that require upgrades to current Federal
and State design guidelines.
In anticipation of this work, separate projects were established by location in the
adopted FY 2019/20 Capital Improvement Plan (CIP) as follows:
9th Street and Medical Center Drive (TC19-005)
Del Rosa Avenue and Date Place (TC19-006)
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Highland Avenue and Patton Avenue (TC19-007)
In an effort to expedite the projects, plans and specifications were prepare d in a manner
that allowed staff to administer a single bid solicitation under the title Traffic Signal
Upgrades (“Project”). The project design includes upgrading all the traffic signal poles,
ADA push buttons and ramps, and installation of countdown pede strian head indications
to meet current California Manual on Uniform Traffic Control Devices (CAMUTCD)
standards.
Discussion
The project for Construction of Traffic Signal Upgrades was advertised for public
bidding on March 1, 2021 and March 8, 2021, in the San Bernardino County Sun
Newspaper, Construction Bid Board, eBid, Bid America Online, and the City’s website.
Sealed bids were received and opened on March 25, 2021. The City received seven (7)
bids as follows:
Bidder City Base Bid
Comet Electric, Inc. Chatsworth $1,054,960
KDC, Inc. dba Dynalectric L.A. Los Alamitos $1,060,560
Elecnor Belco Electric, Inc. Chino $1,068,785
DBX, Inc. Temecula $1,101,955
California Professional Engineering, Inc. La Puente $1,175,171
**Crosstown Electrical & Data, Inc. Irwindale -
**Calpromax Engineering, Inc. Placentia -
** Contractor did not provide bid bond at bid opening, City rejected bid as non -responsive
The City has reviewed the bid package and confirmed that Comet Electric Inc. of
Chatsworth, California, is the lowest responsible and responsive bidder, with a total bid
amount of $1,054,960. Also, a comprehensive background check was conducted and
evaluation requests were sent to the City of Placentia, City of Glendale, and the City of
Santa Clarita for work performed similar to this project work. The evaluations
demonstrated high ratings in categories such as Overall performance/Quality /Delivery
of the project, job completed within budget, and outstanding communication between
the agencies and Comet Electric. If awarded by the Mayor and City Council,
construction work is anticipated to begin in June 2021 and be completed.
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 through upgrading the existing
traffic signals on various arterials within the City.
Fiscal Impact
There is no General Fund impact associated with this action. The budget for the
proposed work was previously established through the adopted FY 2019/20 Capital
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Improvement Plan in Local Regional Circulation Fund No. 263. A portion of funding has
been expended in each project to support the preparation of the bid specification
documents. The current available project funding, proposed bid amounts, and
additional funding needs are provided in the table below.
Location Acct No. Available
Funds
Bid Amount Funds
needed
9th &
Medical
263-160-8677-5504 $348,422.05 $378,648 $30,225.95
Del Rosa &
Date
263-160-8678-5504 $308,521.46 $328,982 $20,460.54
Highland &
Patton
263-160-8683-5504 $358,573.22 $347,330 ($11,243.22)
Total $1,015,516.73 $1,054,960 $39,443.27
Staff has reviewed available funding for each of the three project locations and
determined two of the traffic signal projects have shortfalls in funding. In addition to
these construction funding shortfalls, funding is also needed to support construc tion
contingencies and inspections related to the work. The overall construction costs of the
project for the three locations are as follows:
Construction Bid Amount $1,054,960
Construction Contingency $ 106,000
Engineering and Inspections $ 30,000
Total Project Cost $1,190,960
The overall additional funding required is as follows:
Shortfall of bid Amount $ 39,443.27
Construction Contingency $ 106,000.00
Engineering and Inspections $ 30,000.00
Total Required Additional funds $ 175,443.27
To move forward with the project, staff recommends re -appropriating available funds in
the amount of $175,443.27 from the Highland Interc onnect Project. This project is also
supported by the Local Regional Circulation Fund (Acct No 263 -160-8679); however,
the project is not currently active and is being reevaluated by staff. Re -appropriating
funds from this account at this time will cover the shortfall of the traffic signal upgrade
improvements. This is action will result in funding of $97,473.68 remaining available for
the Highland Interconnect project. Staff will revisit additional funding options should the
Highland Interconnect project move forward at a future date.
Conclusion
Adopt Resolution No. 2021-106 of the Mayor and City Council of the City of San
Bernardino, California:
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1. Approving the award of a construction contract agreement with Comet Electric,
Inc., in the amount of $1,054,960 to provide the construction of traffic signal
upgrades;
2. Authorizing the project construction, construction contingencies , and inspection
costs in the total amount of $1,190,960 for Construction of Traffic Signal
Upgrades (“Project”); and
3. Authorizing the Director of Finance to reallocate $175,443.27 from the Highland
Interconnect Project (Account number 263 -160-8679*5504) to fund the project
construction, construction contingencies, and inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Attachments
Attachment 1 Resolution No. 2021-106
Attachment 2 Exhibit A - Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Wards: 1, 4, 6, 7
Synopsis of Previous Council Actions:
June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Improvement
Program FY 2019/2020
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RESOLUTION NO. 2021-106
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH COMET ELECTRIC, INC., IN THE
AMOUNT OF $1,054,960 TO PROVIDE THE
CONSTRUCTION OF TRAFFIC SIGNAL UPGRADES;
AUTHORIZING THE PROJECT CONSTRUCTION,
CONSTRUCTION CONTINGENCIES, AND INSPECTION
COSTS IN THE TOTAL AMOUNT OF $1,190,960 FOR THE
CONSTRUCTION OF TRAFFIC SIGNAL UPGRADES;
AUTHORIZING THE DIRECTOR OF FINANCE TO
REALLOCATE $175,443.27186,686.49 FROM THE
HIGHLAND INTERCONNECT PROJECT (ACCOUNT
NUMBER 263-160-8679*5504) TO FUND THE PROJECT
CONSTRUCTION, CONSTRUCTION CONTINGENCIES,
AND INSPECTIONS; AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXPEND THE
CONTINGENCY FUND, IF NECESSARY, TO COMPLETE
THE PROJECT
WHEREAS, The City of San Bernardino is responsible for maintaining and operating
over 300 traffic signals throughout the City; there are three traffic signalized intersections
locations within the City that require major upgrade to be in compliance with Federal and State
standards; and
WHEREAS, on June 19, 2019 the Mayor and City Council adopted the FY 2019/2020
Capital Improvement Plan (CIP), establishing the funding for the design and construction of the
traffic signal upgrades project ; and
WHEREAS, in March, 2021 staff administered a competitive bid process for
Construction of Traffic Signal Upgrades Project 13317 (TC19-005, TC19-006, TC19-007)
(“Project”) resulting in seven construction cost submittals; and
WHEREAS, Comet Electric, Inc., of Chatsworth, 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 Comet
Electric, Inc., of Chatsworth , California in the amount of $1,054,960 to complete the Project;
and
WHEREAS, to support full project costs, funding in the amount of $175,443.27
186,686.49 will be reallocated from the Highland Interconnect Project to fulfill the shortfall of
the traffic signal upgrade improvements for TC19-005 and TC19-006.
Formatted: Justified
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Resolution No. 2021-106
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute a
Construction Agreement with Comet Electric Inc., on behalf of the City for the construction of
Traffic Signal Upgrades Project 13317 (TC19-005, TC19-006, TC19-007) (“Project”), attached
hereto and incorporated herein as Exhibit “A”, and to expend contingency funds, if necessary, to
complete the project.
SECTION 3. The Director of Finance is hereby authorized to reallocate
$175,443.27186,686.49 from the Highland Interconnect project (Account No. 263-160-
8679*5504) to fully fund the Project construction, construction contingencies and inspections
and to issue a purchase order in the amount of $1,054,960 to Comet Electric, Inc., of Chatsworth,
California 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 existing traffic signal
poles and upgrades to signal lights. 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 removal and replacement
of existing traffic signal poles and signal light upgrades do 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.
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Resolution No. 2021-106
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.
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Resolution No. 2021-106
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
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Resolution No. 2021-106
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. _____, 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
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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 Comet Electric Inc. (hereinafter
"CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the CITY, and under the conditions expressed in the bond as deposited with the
CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the
CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the
CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete
in good workmanlike and substantial manner the
CONSTRUCTION OF TRAFFIC SIGNAL UPGRADES
Project No. 13317
in strict conformity with Plans and Special Provisions Project No. 13317, 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
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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:
COMET ELECTRIC, INC. BY:____________________________
Robert D. Field, City Manager
BY: _______________________________
TITLE:
MAILING ADDRESS: ATTEST:
21625 Prairie Street. _______________________________
Chatsworth, CA 91311 Genoveva Rocha, CMC, City Clerk
PHONE NO.: (818) 340-0965__________ 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
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Cooperative Funding Agreement with the City of Redlands -
Alabama Street Rehabilitation (Ward 1)
Recommendation
Adopt Resolution No. 2021-107 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a Cooperative Funding Agreement with the City of Redlands for the
Alabama Street Rehabilitation Project (“Project”); and
2. Authorizing the Director of Finance to amend the FY 2020/21 Capital
Improvement Plan (CIP) to include the Alabama Street Rehabilitation Project
(“Project”) and establish a project budget in an amount not to exceed $26,833.13
in Measure I Fund No. 129.
Background
Alabama Street is part of the current City of Redlands Pavement Accelerated Repair
Implementation Strategy (“PARIS”) Resurfacing Project and will be resurfaced between
3rd Street and River Bluff Avenue. The City of Redlands (“Redlands”) and the City of
San Bernardino (“City”) share jurisdiction on a portion of Alabama Street in the vicinity
of 3rd Street. As a result, road resurfacing and maintenance is divided into these two
jurisdictions. Redlands’ staff contacted the City in order to determine the City’s
willingness to fund the San Bernardino portion of the Alabama Street Rehabilitation
Project and partner to have the full span of roadway resurfaced under the PARI S
program.
Discussion
Conducting cooperative projects on streets of shared jurisdiction is more efficient and
cost effective as compared to separate projects issued by each jurisdiction. The
inconvenience to the traveling public and adjacent businesses/re sidents is substantially
reduced by cooperative projects.
Staff negotiated a Cooperative Funding Agreement (“Agreement”) with the City of
Redlands delineating the roles, responsibilities, and contributions of both Redlands and
the City with regard to the Alabama Street Rehabilitation Project. Through the
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Agreement, the City will contribute an amount not to exceed $26,833.13 for the
resurfacing of Alabama Street within City jurisdictional areas. This amount includes and
estimated project cost of $21,466.50 and also provides for a 25% contingency in the
event there are additional costs related to the final contract work. Redlands will serve as
the lead agency on this project.
2020-2025 Strategic Key Targets and Goals
This project aligns with Key Targets No. 1c: Create a framework for spending decisions
and 1e: Create an asset management plan. Conducting cooperative projects on streets
of shared jurisdiction is more efficient and cost effective than performing individual
projects on shared roadways. This project will also positively contribute to the asset
management plan by improving and preserving this section of roadway.
Fiscal Impact
There is no General Fund impact associated with this action. This project is an eligible
expenditure of Measure I funding and sufficient funds are available in Measure I Fund
No. 129 to support San Bernardino’s portion of the Project costs.
Conclusion
Adopt Resolution No. 2021-107 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving a Cooperative Funding Agreement with the City of Redlands for
the Alabama Street Rehabilitation Project (“Project”); and
2. Authorizing the Director of Finance to amend the FY 2020/21 Capital
Improvement Plan (CIP) to include the Alabama Street Rehabilitation Pr oject
(“Project”) and establish a budget in an amount not to exceed $26,833.13 in
Measure I Fund No. 129.
Attachments
Attachment 1 Resolution No. 2021-107
Attachment 2 Exhibit A - Cooperative Agreement
Attachment 3 Location Map
Attachment 4 CIP Sheet
Ward: 1
Synopsis of Previous Council Actions: None
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RESOLUTION NO. 2021-107
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A COOPERATIVE FUNDING AGREEMENT
WITH THE CITY OF REDLANDS FOR THE ALABAMA
STREET REHABILITATION PROJECT (“PROJECT”);
AND AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2020/21 CAPITAL IMPROVEMENT
PLAN (CIP) TO INCLUDE THE ALABAMA STREET
REHABILITATION PROJECT (“PROJECT”) AND
ESTABLISH A PROJECT BUDGET IN AN AMOUNT NOT
TO EXCEED $26,833.13 IN MEASURE I FUND NO. 129
WHEREAS, the City of Redlands and the City of San Bernardino share jurisdiction of
several streets; and
WHEREAS, Alabama Street is a shared street between the City of San Bernardino and
the City of Redlands and is part of the current City of Redlands Pavement Accelerated Repair
Implementation Strategy (“PARIS”) Resurfacing Project, and will be resurfaced between 3rd
Street and River Bluff Avenue; and
WHEREAS, the City limit line runs in between the project limits, in the vicinity of 3rd
Street; and
WHEREAS, conducting cooperative projects on streets of shared jurisdiction is more
efficient and cost effective as compared to separate projects issued by each jurisdiction; and
WHEREAS, staff negotiated a Cooperative Funding Agreement with the City of
Redlands delineating the roles, responsibilities, and contributions of both the City of Redlands
and the City of San Bernardino with regard to the Alabama Street Rehabilitation Project; and
WHEREAS, San Bernardino will contribute funding, in an amount not to exceed
$26,833.13 for the rehabilitation of Alabama Street within San Bernardino jurisdictional areas.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager, or designee, is hereby authorized and directed to
execute on behalf of the City a Cooperative Agreement with the City of Redlands for Alabama
Street Rehabilitation Project in accordance with Exhibit “A”, attached hereto and made a part
hereof.
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Resolution No. 2021-107
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21
Capital Improvement Plan (CIP) to add Alabama Street Rehabilitation Project (“Project”) and
record a budget adjustment in the amount of $26,833.13 in Measure I Fund No. 129 to support
the Project.
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 pavement rehabilitation of existing roadway.
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 pavement rehabilitation
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.
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Resolution No. 2021-107
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
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Resolution No. 2021-107
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
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COOPERATIVE FUNDING AGREEMENT BETWEEN CITY OF REDLANDS
AND CITY OF SAN BERNARDINO FOR THE ALABAMA STREET
REHABILITATION PROJECT
This cooperative funding agreement (“Agreement”) for the City of Redlands’ Alabama
Street Rehabilitation Project (“Project”) is entered into this 20th day of July 2021 (“Effective
Date”), by and between the City of Redlands, a general law city (“Redlands”), and the city of San
Bernardino, a charter city and municipal corporation organized and operating under the laws of
the State of California (“San Bernardino”). Redlands and San Bernardino are sometimes
individually hereafter referred to herein as “Party” and, together, as the “Parties.”
RECITALS
WHEREAS, the Project is in a portion of Redlands’ jurisdiction and in a portion of San
Bernardino’s jurisdiction, and will be of mutual benefit to both Redlands and San Bernardino; and
WHEREAS, the Project is more particularly described in Exhibit “A,” which is attached
hereto and incorporated herein by this reference; and
WHEREAS, the location of the Project is shown in Exhibit “B,” which is attached hereto
and incorporated herein by this reference; and
WHEREAS, California Streets and Highways Code section 1807 authorizes Redlands to
contract with San Bernardino for the maintenance, construction, and/or repair of Redlands’ streets
and roads, if Redlands determines that it is necessary for the more efficient maintenance,
construction, or repair of its streets and roads; and
WHEREAS, the City Council of Redlands determines that it is necessary for the more
efficient maintenance, construction, or repair of its streets and roads to contract with San
Bernardino for the Project; and
WHEREAS, it is anticipated that Redlands’ share of Project costs will be financed through
its local funds and San Bernardino will finance its share of Project costs; and
WHEREAS, the total Project cost is estimated to be three hundred twelve thousand four
hundred sixteen dollars fifty cents ($312,416.50); and
WHEREAS, Redlands’ share of the Project cost is estimated at two hundred ninety
thousand nine hundred fifty dollars ($290,950) and San Bernardino’s share of the Project cost is
estimated to be twenty one thousand four hundred sixty six dollars fifty cents ($21,466.50), as
more particularly set forth in Exhibit “C,” which is attached hereto and incorporated herein by this
reference; and
WHEREAS, the above-described costs are proportioned based on the work to be performed
in each Party’s jurisdiction;
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NOW THEREFORE, in consideration of the above recitals and the mutual covenants
hereinafter contained, the Parties agree as follows:
TERMS
1. RESPONSIBILITIES OF REDLANDS
1.1 Lead Agency. Redlands shall act as the Lead Agency for the Project pursuant to the
California Environmental Quality Act (“CEQA”) (Public Resources Code section 21000 et seq.),
and shall be responsible for coordination of utility relocation work, construction, construction
engineering, and inspection for the Project.
1.2 Review of Plans. Redlands shall provide approved plans and specifications for the
Project to San Bernardino in order to obtain an encroachment permit from San Bernardino.
1.3 Construction. Redlands shall construct the Project by contract in accordance with
the plans and specifications of Redlands.
1.4 Utility Relocation. Redlands shall arrange for relocation of all utilities, which
interfere with construction of the Project within the entire Project limits, subject to Section 3.5
below.
1.5 Encroachment Permit. Redlands shall obtain a no-cost permit from San Bernardino
for work performed within San Bernardino’s right-of-way.
1.6 Contract Award and Administration. Redlands shall advertise, award, and
administer the construction of the Project in accordance with the provisions of the California
Public Contract Code applicable to cities. All Redlands’ contractors shall maintain, and comply
throughout the contract term of any contract awarded by Redlands with, the insurance
requirements described in the specifications. Redlands shall conduct adequate inspection of all
items of work performed under the construction contract with Redlands’ contractors or
subcontractors for the Project, and maintain adequate records of inspection and materials testing
for review by San Bernardino. Redlands shall provide copies of any records of inspection and
materials testing to San Bernardino within ten (10) days of Redlands’ receipt of a written demand
from San Bernardino for such records. This shall be included as a Project cost.
1.7 Invoices. After bid opening and prior to award of the Project construction contract,
Redlands shall submit to San Bernardino an invoice for the estimated San Bernardino share of
Project construction costs based on the Redlands/San Bernardino percentage share determined
from the bid result.
1.8 Itemized Final Invoice. Upon Project completion, Redlands shall calculate actual
Redlands/San Bernardino Project share percentages based on the final contract work and cost,
which shall include any changes made within Redlands and/or San Bernardino as provided for by
this Agreement. Upon Project completion and the capture of all Project expenses, Redlands shall
submit to San Bernardino an itemized accounting of actual Project costs incurred by Redlands and,
if said costs exceed the amount paid by San Bernardino pursuant to Sections 1.7 and 2.3 hereof,
an invoice for the remainder of San Bernardino’s share of the actual Project costs, up to the amount
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set forth in Section 2.3 hereof, as provided herein. Said invoice shall set forth all actual Project
costs incurred by Redlands, together with adequate documentation of said expenditures and a copy
of the overall Redlands/San Bernardino percentage share calculation spreadsheet. If the actual
Project costs incurred by Redlands are less than the amount paid by San Bernardino pursuant to
Sections 1.7 and Section 2.3, then Redlands shall refund San Bernardino the difference within
thirty (30) days after issuance of the itemized accounting.
2. RESPONSIBILITIES OF SAN BERNARDINO
2.1 Review of Plans. San Bernardino shall review the plans and specifications of the
Project before issuing the encroachment permit.
2.2 Encroachment Permit. San Bernardino shall provide a no-cost permit to Redlands
for its work performed in San Bernardino’s right-of-way.
2.3 Invoice Payment. Within thirty (30) days after receipt of the invoice from Redlands
pursuant to Section 1.9 above, San Bernardino shall pay to Redlands the invoiced amount. Within
thirty (30) days after receipt of the itemized accounting and invoice from the Redlands pursuant to
Section 1.10 above, San Bernardino shall pay to Redlands the remainder of its share of the actual
Project costs based on the Redlands percentage calculated pursuant to Section 1.10. The Project
costs shall include the cost of Project design, CEQA compliance, utility relocation work,
construction, construction engineering, inspection and Redlands overhead costs. San Bernardino’s
share of Project costs is currently estimated to be twenty one thousand four hundred sixty six
dollars fifty cents ($21,466.50) and shall not exceed twenty six thousand eight hundred thirty three
dollars thirteen cents ($26,833.13) (twenty-five percent (25%) increases over the Project cost
estimate absent a written approval from San Bernardino’s designated representative).
3. COORDINATION OF THE PROJECT
3.1 Responsibilities after Completion. Except for activities that are impossible to
perform during the construction phase of Project, before, during, and after Redlands’ and San
Bernardino’s acceptance of completed Project, San Bernardino shall be responsible for performing
any and all work (including, but not limited to, maintenance) for the San Bernardino maintained
highways in the Project limits that are within San Bernardino’s unincorporated area and Redlands
shall be responsible for performing any and all work (including, but not limited to, maintenance)
for city streets in the Project limits that are in Redlands incorporated area.
3.2 Insurance. San Bernardino and Redlands are authorized self-insured public entities
for purposes of professional liability, automobile liability, general liability and worker’s
compensation, and warrant that through their respective programs of self-insurance they have
adequate coverage or resources to protect against liabilities arising out of San Bernardino’s and
Redlands’ performance of the terms, conditions, or obligations of this Agreement.
3.3 Increased Costs. The Parties acknowledge that actual Project costs may ultimately
exceed current estimates of Project costs. Any additional Project costs (including, but not limited
to, additional Project costs caused by an increase in engineering cost, higher bid prices, change
orders, or arising from unforeseen site conditions, including utility relocation (but not from
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requested additional work by San Bernardino or Redlands, which is addressed in Section 3.4
below) over the estimated total of the Project’s cost of three hundred twelve thousand four hundred
sixteen dollars fifty cents ($312,416.50) (which is the sum of twenty one thousand four hundred
sixty six dollars fifty cents ($21,466.50) from San Bernardino and two hundred ninety thousand
nine hundred fifty dollars ($290,950) from Redlands) shall be borne by each Party based upon
where the work is required (i.e. whether the work is required in San Bernardino’s or Redlands’
jurisdiction) up to the amounts set forth in Section 1.10 and Section 2.3, respectively.
3.4 Additional Work. If either San Bernardino or Redlands requests additional work
that is beyond the scope of the original Project, and not considered a necessary part of the Project
by the Parties, said work, if approved by the Parties pursuant to Section 6.1, will be paid solely by
the Party requesting the work.
3.5 Utilities. In the case wherein one of the Parties owns a utility that needs to be
relocated for the Project and that Party does not have prior rights for that utility, it will be the sole
responsibility of that Party to relocate the utility at that Party’s cost. This responsibility for utility
relocation cost shall not be included as a Project cost. In the case that a utility relocation is
determined to be a Project cost based on that utility having prior rights, the relocation of the utility
will be included as a Project cost for which San Bernardino and Redlands will be responsible for
funding for work located within their respective boundaries.
3.6 Cost Overruns. As design progresses, if it is found by Redlands that a cost overrun
of twenty five percent (25%) or more of the estimated total of the Project costs will occur, Redlands
shall provide San Bernardino written notice of this fact and San Bernardino and Redlands shall
endeavor to agree upon an alternative course of action, including amending the cost estimates. If,
after thirty (30) days of the date of Redlands notice an alternative course of action is not mutually
agreed upon in writing between the Parties, this Agreement shall be deemed to be terminated by
mutual consent.
3.7 Bid Notification. Redlands shall notify San Bernardino of the bids received and the
amounts thereof. In the event that either Party intends to cancel this Agreement based upon the
bids or amount thereof, said Party shall notify the other Party in writing, at least five (5) days prior
to the awarding of a contract to construct the Project, to avoid any detrimental reliance by either
Party, contractor, or potential contractor.
A. If after opening bids for the Project, it is found that the responsive and responsible
low bid amount is twenty five percent (25%) or less over the construction cost shown in Exhibit
“C,” which is attached hereto and incorporated herein by this reference, Redlands may award the
contract.
B. If, upon opening of bids, it is found that the responsive and responsible low bid
amount is twenty five percent (25%), or more, than the construction cost shown in Exhibit “C,”
or the Amended Exhibit “C,” pursuant to Section 3.6 of this Agreement, Redlands shall not award
the contract unless: 1) Redlands receives written permission from San Bernardino’s City Engineer
or designee, to proceed with the award; and 2) Redlands’ City Council approves the award of the
construction contract. If the above described conditions are not met, the Parties shall endeavor to
agree upon an alternative course of action, including re-bidding of the Project. If, after thirty (30)
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days of the bid opening, an alternative course of action is not mutually agreed upon in writing, this
Agreement shall be deemed to be terminated by mutual consent.
3.8 Termination. This Agreement may be cancelled upon thirty (30) days advance
written notice of either Party, provided however, that neither Party may cancel this Agreement
after Redlands awards a contract to construct the Project. In the event of cancellation as provided
herein, including termination pursuant to Sections 3.6, 3.7, and 3.7 Sub-section B above, all Project
expenses occurred prior to the effective date of cancellation/termination shall be paid by the Parties
in the same proportion to their contribution for the Project. The Parties recognize and agree that
the provisions governing utility relocation and construction are dependent upon the Parties first
satisfying CEQA. As provided in this section, this Agreement may be cancelled with or without
cause, before, during, and after CEQA review/approval.
3.9 Survival of Provision. Except as provided in Section 3.8, and except for the Parties’
operation, maintenance, and indemnification obligations contained herein which shall survive
termination, this Agreement shall terminate upon completion of the Project and payment of final
billing by Redlands for its share of the Project costs or refund by San Bernardino pursuant to
Section 1.10.
4. INDEMNIFICATION
4.1 Indemnification by San Bernardino. San Bernardino shall indemnify, defend, and
hold harmless Redlands and its elected and appointed officials, officers, employees, agents, and
volunteers from any and all claims, actions or losses, damages, and/or liability resulting from San
Bernardino’s negligent acts or omissions, or willful misconduct, which arise from San
Bernardino’s performance of its obligations under this Agreement.
4.2 Indemnification by Redlands. Redlands shall indemnify, defend, and hold harmless
San Bernardino and its elected and appointed officials, officers, employees, agents, and volunteers
from any and all claims, actions, losses, damages, and/or liability resulting from Redlands’
negligent acts or omissions, or willful misconduct, which arise from Redlands’ performance of its
obligations under this Agreement.
4.3 Comparative Fault. In the event either Party is found to be comparatively at fault
for any claim, action, loss or damage which results from their respective obligations under this
Agreement, the Parties shall indemnify the other to the extent of its comparative fault.
5. ENFORCEMENT OF AGREEMENT
5.1 Governing Law. This Agreement shall be governed by the laws of the State of
California. Any action or proceeding between the Parties concerning the interpretation or
enforcement of this Agreement, or which arises out of or is in any way connected with this
Agreement or the Project, shall be instituted and tried in the appropriate state court, located in the
county of San Bernardino, California.
5.2 Attorneys’ Fees. In the event any action is commenced to enforce or interpret this
Agreement, the prevailing Party in any such action shall be entitled to its costs and reasonable
attorneys’ fees, including fees for use of in-house counsel by a Party.
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5.3 Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
6. MISCELLANEOUS PROVISIONS
6.1 Entire Agreement. This Agreement contains the entire agreement of the Parties with
respect to subject matter hereof, and supersedes all prior negotiations, understandings or
agreements regarding the same. No supplement, modification, or amendment of this Agreement
shall be binding unless executed in writing and signed by both Parties.
6.2 Time of the Essence. Time is of the essence for each and every provision of this
Agreement.
6.3 Interpretation. Because the Parties have participated fully in the preparation of this
Agreement, the language of this Agreement shall be construed simply, according to its fair
meaning, and not strictly for or against any Party. Any term referencing time, days or period for
performance shall be deemed Redlands work days. The captions of the various articles and
sections are for convenience and ease or reference only, and do not define, limit, augment, or
describe the scope, content, or intent of this Agreement.
6.4 Severability. If a court of competent jurisdiction declares any portion of this
Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in
full force and effect, unless the purpose of this Agreement is frustrated.
6.5 Incorporation. The Recitals are incorporated into the body of this Agreement.
6.6 Authority. The persons executing this Agreement on behalf of each of the Parties
represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized
to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement,
such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this
Agreement does not violate any provision of any other agreement to which said Party is bound.
6.7 Notice. Any notice or other communication required, or which may be given,
pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on
the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with
return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or
(iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class,
certified, registered or express mail; in each case properly posted and fully prepaid to the
appropriate address set forth below, or such other address as a Party may provide notice in
accordance with this section:
To Redlands: City Clerk
City of Redlands
35 Cajon Street
P.O. Box 3005 (Mailing)
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Redlands, CA 92373
Email: jdonaldson@cityofredlands.org
Phone: (909) 798-7531
Fax: (909) 798-7535
To San Bernardino: City of San Bernardino
Attention: City Man ager
290 North D Street
San Bernardino, CA 92401
Email: Field_Ro@sbcity.org
Phone: (909) 384-5122
Fax: (909) 384-5138
6.8 Laws and Regulations. The Parties shall keep themselves fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting the
Parties’ performance of this Agreement. A Party shall not be liable for the other Party’s violation
of any laws or regulations in connection with this Agreement. If a Party identifies any conflict or
possible conflict between its obligations hereunder and applicable laws, rules and regulations, that
Party shall provide immediate written notice to the other Party.
6.9 Assignment. This Agreement is not assignable by either Party, in whole or in part,
without the consent of the other Party in the form of a formal written amendment. Any assignment
or attempted assignment without such consent may, in the sole discretion of the non-assigning
Party, result in the immediate termination of this Agreement.
6.10 Independent Contractor. The Parties agree and intend that each Party be deemed
an independent entity, and do not create by this Agreement any partnership, joint venture, or
similar business arrangement, relationship, or association between them, except as may be agreed
to expressly by this Agreement. Each Party shall perform their services hereunder in an
independent capacity and not as an employee or agent of the other Party.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date
first written above.
CITY OF SAN BERNARDINO CITY OF REDLANDS
By: By:
Robert D. Field, City Manager Paul T. Barich, Mayor
ATTEST: ATTEST:
By: Genoveva Rocha, City Clerk By: Jeanne Donaldson, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
By: By:
Sonia R. Carvalho, City Attorney Daniel J. McHugh, City Attorney
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EXHIBIT A
PROJECT DESCRIPTION
The scope of work shall consist of resurfacing of the street. Resurfacing method includes 1.5”
asphalt concrete milling and 1.5” asphalt concrete overlay. Asphalt overlay will be the
conventional asphalt. All necessary striping will be replaced. The scope of work also includes but
not limited to protecting in place all existing utilities, trees, and public and private improvements;
pavement striping and restriping; replacing destroyed survey monuments; disposing of excess soil
and rock material and restoring all areas and improvements to pre-construction conditions.
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EXHIBIT B
LOCATION MAP
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EXHIBIT C
ESTIMATE OF PROJECT COSTS
FOR CITY OF SAN BERNARDINO/CITY OF REDLANDS
ALABAMA STREET REHABILITATION PROJECT
DESCRIPTION AMOUNT
CITY OF
REDLANDS
SHARE
CITY OF SAN
BERNARDINO
SHARE
Construction $284,015.00 $264,500.00 $19,515.00
All Other Costs such as
design, survey, CEQA
compliance, construction
engineering, inspection and
City overhead
$28,401.50 $26,450.00 $1,951.50
TOTAL $312,416.50 $290,950.00 $21,466.50
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ATTACHMENT 5
PROJECT LOCATION MAP
ALABAMA STREET REHABILITATION
Alabama Street at 3rd Street
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CITY OF SAN BERNARDINO PROJECT INFORMATION SHEET
Project Name SS21-003
Alabama Street
Rehabilitation
Department Public
Works
Ward 1 CIP Type Streets
Project Location Alabama Street at 3rd
Street
Project Category New
Total Project Cost $26,833.13 Prior Year Funding $0
Remaining Needed $26,833.13 Project No. XXXX
PROJECT DESCRIPTION
This project consists of pavement rehabilitation of Alabama Street between 3rd Street and
River Bluff Avenue. Accessibility improvement will be installed or upgraded as part of the
project. The project is funded through Measure I.
PROJECT FUNDING AND EXPENDITURE DETAIL
Funding
Source
Prior Year
Funding
FY 20/21
Projected
FY 21/22
Projected
FY22/23
Projected
FY 23/24
Projected
FY 24/25
Projected
Estimated
Project
Total
Measure I
(129)
$0 $26,833.13
$0
$0
$0
$0
$26,833.13
Totals $0 $26,833.13 $0 $0 $0
$0
$26,833.13
PROJECT STATUS UPDATE
This is a new project and will be completed in by December 2021
Consistency: This project aligns with Key Targets No. 1c Create a framework for spending
decisions and 1e: Create an asset management plan. Conducting cooperative projects on
streets of shared jurisdiction is more efficient and cost effective than performing individual
projects on shared roadways. This project will also positively contribute to the asset
management plan by improving and preserving this section of roadway.
Forecasted Project Completion Date: December 2021
On-going Operating & Maintenance Impact: Maintenance reduced
Project Manager: Saba Engineer
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Design Services Agreement: Mt. Vernon Storm Drain (Ward 6)
Recommendation
Adopt Resolution No. 2021-108 of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Design Services Agreement with
Onward Engineering in the amount of $144,927 for Design Services for the Mt. Vernon
Storm Drain Project (SD20-003).
Background
Mount Vernon Avenue was formerly Route 66 with four lanes and one left turn lane at
the center of the road. The existing storm drain infrastructure at Cajon Boulevar d and
Mt. Vernon Avenue is currently unable to support storm water flows during heavy rain
events, resulting in drainage and flooding problems. A new storm drain connection is
required to improve the storm drain condition in this area. This project will a dd a new
storm drain reinforced concrete pipe (RCP) that will connect the existing 48” manhole at
16th Street and Mt. Vernon Avenue up to the existing 36” manhole at Cajon Blvd and
Highland Avenue. The 36” manhole at Cajon Boulevard will be replaced with a dual
outlet manhole to control the pressure and velocity of the existing storm drain system.
On June 24, 2020, the Mayor and City Council approved Resolution No. 2020 -128
adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget
included Capital Improvement Plan (CIP) Project SD20-003 for Mt. Vernon Storm Drain
(“Project”). Funding to support the Project design has been established in the amount of
$300,000 in Storm Drain Development Impact Fee (DIF) funding.
Recently, staff solicited for professional design services to establish Project plans and
provide cost estimates for the Project. Award of these professional services is the next
step in allowing staff to move forward with the storm drain improvement project.
Discussion
On February 17, 2021, a Request for Proposals (RFP) for design services was released
to consultants who had previously indicated an interest in receiving solicitations for this
type of work. The RFP was also made publicly available on the City’s “Request for
Bids” website. On March 18 , 2021, two proposals were received by the following firms:
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Firm Location Cost
Ludwig Engineering Associates, Inc. San Bernardino, CA $287,877
Onward Engineering Anaheim, CA $144,927
The proposals were reviewed by a panel of staff members using the City’s standard
rating system requirements of the RFP and it was determined that all proposals met
the requirements of the RFP. Each firm provided a presentation and was interviewed
by a panel of City staff. Both firms were rate d equally in the areas of related
experience, adequacy of staff, completion schedule, depth of understanding of the
project and project approach. Given that both firms were rated equally, staff worked to
negotiate a reduction in the fee provided by Ludwig Engineering of San Bernardino.
Negotiations resulted in a reduced proposal amount of $218,302. This amount was
still well above the fee proposed by Onward Engineering.
Because both firms have equal qualifications and experience to perform the design,
staff is recommending Onward Engineering be retained to provide the design services
as the lower cost proposer. Onward Engineering has successfully completed similar
projects for numerous cities statewide. The evaluation panel determined that Onward
Engineering demonstrated the capability to provide the design services for Mt. Vernon
Storm Drain Project at the most reasonable cost to the City .
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 flooding by improving capacity for storm water flow through
additional storm drain connections at Cajon Boulevard and Mt. Vernon Avenue.
Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the
proposed work is established through Storm Drain DIF Funds, Account # 248 -160-8771.
Conclusion
Adopt Resolution No. 2021-108 of the Mayor and City Council of the City of San
Bernardino, California, approving the award of a Design Services Agreement with
Onward Engineering in the amount of $144,927 for Design Services for the Mt. Vernon
Storm Drain Project (SD20-003).
Attachments
Attachment 1 Resolution No. 2021-108
Attachment 2 Exhibit A - Design Services Agreement
Attachment 3 Location Map
Ward: 6
Synopsis of Previous Council Actions:
6/24/2020 The Mayor and City Council adopted Resolution No. 2020-128
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approving the City’s Annual Operating Budget for Fiscal Year
2020/21.
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RESOLUTION NO. 2021-108
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A DESIGN SERVICES
AGREEMENT WITH ONWARD ENGINEERING IN THE
AMOUNT OF $144,927 FOR DESIGN SERVICES FOR THE
MT. VERNON STORM DRAIN PROJECT (SD20-003)
WHEREAS, the existing storm drain system at Cajon Boulevard and Mt. Vernon
Avenue is currently unable to support storm water flows during heavy rain events, resulting in
drainage and flooding problems: and
WHEREAS, this project will add a new storm drain Reinforced Concrete Pipe that will
connect at the existing 48” manhole at 16th Street and Mt. Vernon Avenue up to the existing 36”
manhole at Cajon Blvd and Highland Avenue; and
WHEREAS, the Mayor and City Council approved Resolution No. 2020-128 adopting
the City’s Annual Operating Budget for Fiscal Year 2020/21 which included Capital
Improvement Plan (CIP) SD20-003 – Mt. Vernon Storm Drain (“Project”) and established
project budgets in the total amount of $300,000 for design; and
WHEREAS, in February, 2021 staff released a Request for Proposals (RFP) to provide
design services, and to prepare plans and specifications for the Project which resulted in two
submittals from Ludwig Engineering Associates, Inc. and Onward Engineering; and
WHEREAS, submittals from both firms were evaluated and Onward Engineering was
ultimately selected to provide design services and prepare plans, specifications and cost
estimates (PS&E) for the Project with a total fee of $144,927; and
WHEREAS, the City now wishes to enter into a Design Service agreement with Onward
Engineering to prepare PS&E.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager, or designee, is hereby authorized to execute a Design
Services Agreement and any supporting documents, for Mt. Vernon Storm Drain Project (SD20-
003) with Onward Engineering of Anaheim in the amount of $144,927 on behalf of the City,
attached hereto and incorporated herein as Exhibit “A”.
SECTION 3. The Director of Finance is hereby authorized to issue a Purchase Order in
the total amount of $144,927 utilizing funds from Storm Drain DIF Fund No. 248-160-8771.
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Resolution No. 2021-108
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 CEQ A
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 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
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2021-108
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
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ATTACHMENT 3
PROJECT LOCATION MAP
Mt. Vernon Storm drain between 16th Street and Cajon Blvd
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Updating Assessment Engineer's Reports-Previously Formed
LMDs (All Wards)
Recommendation
Adopt Resolution No. 2021-109 of the Mayor and City Council of the City of San
Bernardino, California, initiating proceedings to levy and collect assessments for FY
2021/22 in Assessment Districts pursuant to the Constitution and the City Charter,
appointing the Engineer of Record and ordering preparation of Engineer's Report.
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7283
Page 2
Background
The Mayor and City Council previously formed Landscape & Lighting and Street &
Drainage Maintenance Districts as a condition of approval for private development
projects. The assessment engineer's report that establishes the amount of an annual
assessment in each of the districts must be updated annually and approved by the
Mayor and City Council, following a public hearing, in order to levy the annual
assessment(s).
Discussion
Development projects are approved subject to Conditions of Approval that require the
formation of maintenance districts to recover the costs of annual maintenance of public
improvements constructed as a result of the development project.
The assessment of an annual fee upon properties within the District provides the
revenue to offset the cost of maintenance of the public improvements necessary to
serve the development.
California Streets and Highways Code §22620 et. seq. with respect to Landscape and
Lighting Districts and Government Code §53750 et. seq. with respect to Street and
Drainage Maintenance Districts require that the assessment engineer's report for each
of the districts be updated and approved by the legislative body prior to the levy of any
annual assessment on properties within an assessment district.
The tentative schedule for the annual update of the assessment districts which is
prepared based on information provided by the San Bernardino County Auditor-
Controller-Recorder’s office is as follows:
May 5, 2021: Mayor and City Council direction of preparation of an assessment
engineer’s report describing any new improvements or any substantial changes in the
existing improvements in the existing assessment districts.
May 19, 2021: Mayor and City Council (1) preliminarily approving the engineering
reports for the existing assessment districts and directing the filing of such reports with
the City Clerk, and (2) setting the date for the public hearing at 7:00 PM on Wednesday,
July 21, 2021, in the City of San Bernardino Council Chamber, 555 W 6 th Street, San
Bernardino, CA 92410 pursuant to California Streets and Highways Code Sections
22552 and 22553 and Government Code Section 53753.5 to consider the levy of
annual assessments upon real property.
July 13, 2021: Deadline for submission of preliminary notice of assessments to San
Bernardino County.
July 21, 2021: Mayor and City Council public hearing and approval of the levy of
assessments upon real property within each of the Districts for FY 2021/2022.
August 1, 2021: Deadline for submission of final notice of assessments to San
Bernardino County.
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August 10, 2021: Last day for submission of corrections to San Bernardino County.
The City has formed sixty nine (69) such assessment districts.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 4: Economic Growth & Development.
Fiscal Impact
There is no General Fund impact associated with this action. The assessment on
properties within the assessment district provide revenue to offset the cost of
maintenance of public improvements that serve the development, projects, and also
fund administrative costs related to the annual levy process.
Conclusion
It is recommended that the Mayor and City Council adopt Resolution No. 2021 -109,
initiating proceedings to levy and collect assessments for FY 2021/22 in Assessment
Districts pursuant to the Constitution and the City Charter, appointing the Engineer of
Record and ordering preparation of Engineer's Report.
Attachments
Attachment 1 Resolution No. 2021-109
Attachment 2 Fiscal Year 2021/22 Levies for Assessment Districts - Memo to the
City Council
Ward: All
Synopsis of Previous Council Actions:
April 1, 2020 Mayor and City Council of the City of San Bernardino, California
adopted Resolution No. 2020-55, approving the award of a
Professional Services Agreement (“Agreement”) with Spicer
Consulting Group of Temecula, California.
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RESOLUTION NO. 2021-109
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
INITIATING PROCEEDINGS TO LEVY AND COLLECT
ASSESSMENTS FOR FISCAL YEAR 2021-22 IN
ASSESSMENT DISTRICTS PURSUANT TO THE
LANDSCAPING AND LIGHTING ACT OF 1972,
APPOINTING THE ENGINEER OF RECORD, AND
ORDERING PREPARATION OF ENGINEER’S REPORTS
WHEREAS, the City Council of the City of San Bernardino (the “City Council”) has
previously determined that the public interest, convenience, and necessity require the installation,
construction, and maintenance of public landscaping, landscaping and lighting, sewer lift
stations, landscaping and sewer lift stations, and landscaping, detention basin and storm drains
and appurtenant facilities within the City of San Bernardino (the “City”) as authorized by the
Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15
of the Streets and Highways Code (the “Act”) and has established the following assessment
districts (the “Assessment Districts”) within the City: Assessment District No. 951 Zone 1 and
Zone 2 (Wagonwheel Road Area), Assessment District No. 952 Zone 1, Zone 2, Zone 2A and
Zone 3 (State College Area), Assessment District No. 953 (16th Street), Assessment District No.
956 (Carnegie Drive Area), Assessment District No. 959 Zone 1 (Shandin Hills), Assessment
District No. 962 (Pine Avenue Area), Assessment District No. 963 (Allen Street), Assessment
District No. 968 (Airport Drive), Assessment District No. 974 (Rialto Avenue between
Eucalyptus and Pepper), Assessment District No. 975 (Pepper and Mill Area), Assessment
District No. 976 (Pine and Belmont), Assessment District No. 981 (Meridian and Randall
Avenue), Assessment District No. 982 (Piedmont Drive Area), Assessment District No. 986
(Rialto and Macy Area), Assessment District No. 989 (Mill and Macy Area), Assessment District
No. 991 (Verdemont and Olive Area), Assessment District No. 993 (Cajon and June Area),
Assessment District No. 997 (Chestnut Area), Assessment District No. 1001 (Pennsylvania and
Birch Area), Assessment District No. 1002 (North “H” Street Area), Assessment District No.
1005 (Cajon and Pepper Linden Area), Assessment District No. 1007 (Pepper and Randall Area),
Assessment District No. 1012 (Mill/Burney Area), Assessment District No. 1016 (Coulston
Area), Assessment District No. 1017 (Kendall and Pine Area), Assessment District No. 1019
(Northpark and Mountain Area), Assessment District No. 1020 (Mill Street and Dallas Avenue
Area), Assessment District No. 1022 Zone 1, Zone 2 and Zone 3 (San Bernardino International
Airport/Alliance-California), Assessment District No. 1023 (Elm Avenue and Coulston Street
Area), Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area),
Assessment District No. 1025 (Palm Avenue and Washington Avenue Area), Assessment
District No. 1027 (Waterman Avenue and Washington Street Area), Assessment District No.
1028 (Ohio Avenue and Walnut Avenue Area), Assessment District No. 1029 (California Street
and 16th Street Area), Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area),
Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area), Assessment District
No. 1032 (Palm Avenue and Verdemont Drive), Assessment District No. 1035, Zone 1 and Zone
2 (Palm Avenue and Meyers Road), Assessment District No. 1036 (Northpark Boulevard and
Campus Parkway), Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue),
Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue), Assessment District
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Resolution No. 2021-109
No. 1039 (Irvington Avenue and Chestnut Avenue Area), Assessment District No. 1040 (Acacia
Avenue and Hill Drive Area), Assessment District No. 1041 (Magnolia Avenue and Ohio
Avenue Area), Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive),
Assessment District No. 1043, Zone 1 and Zone 2 (Palm Avenue and Irvington Avenue Area),
Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area), Assessm ent
District No. 1046 (Northpark Boulevard and Northstar Avenue Area), Assessment District No.
1047 (Ohio Avenue and Pine Avenue Area), Assessment District No. 1048 (Eucalyptus Avenue
and Randall Avenue Area), Assessment District No. 1050 (Pepper Avenue and Rialto Avenue
Area), Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area), Assessment
District No. 1054 (Campus Parkway and Valles Drive Area), Assessment District No. 1055 (Pine
Avenue and Redwood Street Area), Assessment District No. 1056 (Magnolia Avenue and
Garfield Street Area), Assessment District No. 1057 (Cajon Boulevard and University Parkway
Area), Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area),
Assessment District No. 1060 (Chiquita Lane and Date Street Area), Assessment District No.
1063 (Central Avenue and Lena Road Area), Assessment District No. 1064 (Cajon Boulevard
and Glen Helen Parkway Area), and Assessment District No. 1068 (Tippecanoe Avenue and
Central Avenue Area); and
WHEREAS, the City Council has determined that the public interest, convenience, and
necessity require the continued levy of assessments within the Assessment Districts for the
purpose of installing, constructing, operating, and maintaining public landscaping, landscaping
and lighting, sewer lift stations, landscaping and sewer lift stations, and landscaping, detention
basin and storm drains and appurtenant facilities authorized by the Act.
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 Council hereby initiates proceedings pursuant to the Act to levy
and collect annual assessments within the Assessment Districts for the maintenance, servicing
and operating of public landscaping, landscaping and lighting, sewer lift stations, landscaping
and sewer lift stations, and landscaping, detention basin and storm drains and appurtenant
facilities during fiscal year 2021-22.
SECTION 3. The maintenance to be performed consists of the furnishing of services
and materials for the ordinary and usual maintenance, operation, and servicing of public
landscaping, landscaping and lighting, sewer lift stations, landscaping and sewer lift stations, and
landscaping, detention basin and storm drains.
SECTION 4. The proceedings for the annual levy of the assessments are to be
conducted pursuant to the Act.
SECTION 5. Spicer Consulting Group, LLC is hereby appointed as Engineer of Record
for the purpose of preparing the written report provided for in Section 22567 of the Streets and
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Resolution No. 2021-109
Highways Code with respect to the levy of assessments for fiscal year 2021-22 for each of the
Assessment Districts, and is hereby directed to prepare and file such reports with the City Clerk.
SECTION 6. 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 th e environment, the activity is not
subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ______ day of _________, 2021.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
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Resolution No. 2021-109
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, 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 May
2021.
____________________________
Genoveva Rocha, CMC, City Clerk
17.a
Packet Pg. 473 Attachment: Attachment 1 - Resolution No. 2021-109 (7283 : Updating Assessment Engineer's Reports-Previously Formed LMDs (All Wards))
55600.00902\3383359
Indian Wells
(760) 568-2611
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(949) 263-2600
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(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
3390 University Avenue, 5th Floor, P.O. Box 1028, Riverside, CA 92502
Phone: (951) 686-1450 | Fax: (951) 686-3083 | www.bbklaw.com
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(951) 686-1450
Sacramento
(916) 325-4000
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(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Memorandum
To: Honorable Mayor and Members of the City Council
From: BEST BEST & KRIEGER LLP
Date: May 5, 2021
Re: Fiscal Year 2021-22 Levies for Assessment Districts
On May 5 the City Council will consider the adoption of a resolution ordering the
preparation of engineer’s reports for the levy and collection of assessments in various assessment
districts (the “Assessment Districts”) previously established by the City Council (the
“Resolution”). The Resolution orders the preparation of engineer’s reports by Spicer Consulting
Group, LLC, the City’s Engineer of Record, for each of the Assessment Districts and will detail
the assessments proposed to be levied on assessable lots and parcels of property within each
Assessment District. The amount of the assessments on all assessable lots and parcels of property
in each of the Assessment Districts will be determined based on the estimated cost of the
installation, construction, and maintenance of public landscaping, landscaping and lighting,
sewer lift stations, landscaping and sewer lift stations, and landscaping, detention basin and
storm drains and appurtenant facilities within the City of San Bernardino during Fiscal Year
2021-22 and are based on special benefit conferred upon each such parcel. The amount of the
assessment to be levied on each parcel is based upon and will not exceed the reasonable cost of
such maintenance chargeable to each parcel.
Following preparation of the Engineer’s Report, the City Council will be asked to adopt a
resolution of intention to levy and collect assessments within each Assessment District for Fiscal
Year 2021-22 and call a public hearing thereon.
17.b
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Stop Sign Installation at the Intersection of 28TH Street and
Arrowhead Avenue (Ward 7)
Recommendation
Adopt Resolution No. 2021-110 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution…
designating certain streets or portions thereof as through highways…” and authorizing
the establishment of an all-way stop control at the intersection of 28th Street and
Arrowhead Avenue (4-way).
Background
Staff received citizen requests to consider the in stallation of a stop sign at the
intersection of 28th Street and Arrowhead Avenue to help with traffic control.
The concerns expressed by the residents in the area are mainly related to vehicle safety
crossing the intersections, sight visibility, and Right-of-Way entering the intersections.
Guidelines published in the California Manual of Uniform Traffic Control Devices (CA
MUTCD) on the use of stop signs have been adopted by the City. The guidelines
recommend the use of a stop sign facing the minor street of a 4-legged intersection and
the terminating leg of a T-intersection, if certain conditions exist to better clarify and
regulate right-of-way at an intersection. None of the three intersections evaluated by
staff have existing stop signs on any of the approaches.
Discussion
Arrowhead Avenue is a two-lane undivided secondary arterial north and south of 28 th
Street. There are no left turn pockets for the northbound or southbound directions. The
posted speed on Arrowhead Avenue is 35 MPH. 28th Street is a two-lane collector street
which is stop controlled at Arrowhead Avenue. The prima facie speed on 28 th Street is
25 MPH. The intersection of Arrowhead Avenue and 28th Street is located within half of
a mile from Wilson Elementary School.
Staff investigated traffic conditions at the intersection referenced above and
recommends that stop signs should be installed to better clarify the rules of the road at
the intersection of 28th Street and Arrowhead Avenue. Stop signs are also
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Page 2
recommended to mitigate sight distance issues such as corner landscaping, corner
perimeter or structure walls, and/or horizontal or vertical road curvature which may exist
at these locations.
The table below identifies the types of sight distance issues found at the intersection.
Intersection Cause of Visual Impairment Location of Visual
Impairment
28th Street and Arrowhead
Avenue
Alignments of Curb
prolongations
SE Corner
The proposed stop sign installation at the intersection of 28th Street and Arrowhead
Avenue is not intended to control speeds or alleviate traffic volume concerns. The stop
sign proposed at this intersection will be consistent with other intersections City-wide
that has stop sign controls posted at the minor street or the terminating approach.
Staff presented the proposed stop sign location to the City’s Public Safety and Human
Relations Commission (PS&HR) at its April 12, 2021 meeting. The Commission has
recommended the establishment of the all-way stops at the intersection of 28th Street
and Arrowhead Avenue.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 3: Improved Quality of Life. The project
will utilize City programs to ensure that neighborhoods and business areas are safe.
Fiscal Impact
The estimated cost to installing the “Stop” signs and add pavement markings is
$750.00. Sufficient funding is available in the adopted FY 2020/21 Operating Budget in
Traffic Signs and Marking Account No. 126-400-0152-5111.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-110 amending Resolution No. 655 entitled, in
part, “A Resolution designating certain streets or portions thereof as through
highways…” and authorizing the establishment of an all -way stop control at the
intersections of 28th Street and Arrowhead Avenue (4-way).
Attachments
Attachment 1 Resolution No. 2021-110
Attachment 2 Vicinity and Location Map
Ward: 7
Synopsis of Previous Council Actions: None
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RESOLUTION NO. 2021-110
RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO AMENDING
RESOLUTION NO. 655 ENTITLED, IN PART, “A
RESOLUTION . . . DESIGNATING CERTAIN
STREETS OR PORTIONS THEREOF AS THROUGH
HIGHWAY” AND AUTHORIZING THE
ESTABLISHMENT OF AN ALL-WAY STOP AT THE
INTERSECTION OF 28TH STREET AND
ARROWHEAD AVENUE
WHEREAS, the Traffic Engineering Division of the Public Works Department received
a request to evaluate traffic control needs at the intersections of 28th Street at Arrowhead
Avenue; and
WHEREAS, staff has determined that the intersection of 28th Street at Arrowhead
Avenue meet the warrants for ALL-WAY STOP sign installations at their locations; and
WHEREAS, roadways within the City must be designated as Through Highways in
accordance with the Vehicle Code of the State of California to meet eligibility for installation of
traffic control measures; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent
amendments designating various roadways as Through Highways and Boulevards throughout the
City; and
WHEREAS, the City now desires to amend Resolution No. 655 to designate 28th Street
and Arrowhead Avenue as a Through Highway; and
WHEREAS, the City intends to install traffic control in the form of an ALL-WAY
STOP on this roadway segments to enhance traffic safety at the location.
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. Resolution No. 655, which designates certain streets, or portions thereof,
as through highways, Section One is amended by adding paragraph (D) to Subsections (18) 28th
STREET to read as follows:
“(18) TWENTY-EIGHTH STREET
18.a
Packet Pg. 477 Attachment: Attachment 1 - Resolution No. 2021-110 (7286 : Stop Sign Installation at the Intersection of 28TH Street and Arrowhead Avenue
Resolution No. 2021-110
…
(D) At its intersection with “Arrowhead Avenue” (All-Way Stop)”
SECTION 3. Resolution No. 655, which designates certain streets, or portions thereof,
as through highways, Section one is amended by adding paragraph (B) Subsections (1.5)
ARROWHEAD STREET to read as follows:
“(1.5) ARROWHEAD STREET
…
(B) At its intersection with “28th Street” (All-Way Stop)”
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that
CEQA applies only to projects which have the potential for causing a significant effect on the
environment . Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
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
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
18.a
Packet Pg. 478 Attachment: Attachment 1 - Resolution No. 2021-110 (7286 : Stop Sign Installation at the Intersection of 28TH Street and Arrowhead Avenue
Resolution No. 2021-110
Sonia Carvalho, City Attorney
18.a
Packet Pg. 479 Attachment: Attachment 1 - Resolution No. 2021-110 (7286 : Stop Sign Installation at the Intersection of 28TH Street and Arrowhead Avenue
Resolution No. 2021-110
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
18.a
Packet Pg. 480 Attachment: Attachment 1 - Resolution No. 2021-110 (7286 : Stop Sign Installation at the Intersection of 28TH Street and Arrowhead Avenue
VICINITY MAP – 28th Street & Arrowhead Ave
Project Location
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
TRAFFIC ENGINEERING SECTION
Legend:
N
No Scale
18.b
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Kris Jensen, Director of Public Works
Subject: Approve Final Tract Map No. 20145 (Ward 4)
Recommendation
Adopt Resolution No. 2021-111 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving Final Map for Tract No. 20145 (Subdivision 18 -08) involving the
subdivision of a project site containing approximately 5.98 acres into 16 single-
family residential lots located on the northerly side of Belmont Avenue between
Magnolia Avenue and Escena Street;
2. Accepting the public dedications as set forth on said map; and
3. Authorizing execution of the standard form of agreement for the subdivision
improvements.
Background
On June 11, 2019, the Planning Commission of the City of San Bernardino adopted
Resolution 2019-031 approving Subdivision 18-08 (Tentative Tract Map 20145),
proposing 16 single-family residential lots on 5.98 acres.
Discussion
The proposed project consists of subdividing one parcel containing a total of
approximately 5.98 acres into 16 single-family residential lots. The proposed residential
lots within the tract map vary in size from 19,498 to 12,713 square feet.
Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of
San Bernardino Development Code and the Subdivision Map Act, the applicant has
submitted a Final Map for Mayor and City Council action and final acceptance. The City
Engineer has reviewed the proposed Final Map for Tract No. 20145 and determined
that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances
regarding subdivisions, and with all conditions of approval.
California Environmental Quality Act (CEQA)
On June 11, 2019, the Planning Commission adopted a Negative Declaration in
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7287
Page 2
accordance with Section 15074 of the California Environmental Quality Act for
Subdivision 18-08 (Tentative Tract Map 20145) and directed the Planning Commission
Secretary to prepare and file with the Clerk of the County of San Bernardino a Notice of
Determination as provided under Public Resources Code Section 21152 (a) and CEQA
Guidelines Section 15075.
2020-2025 Key Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 20145 aligns with
Key Target No. 1: Financial Stability. Specifically, the transformation of existing vacant
underutilized properties into productive single -family residential lots for the purpose of
developing single-family residential homes meets the City’s economic development
goals.
Fiscal Impact
There is no General Fund impact associated with this action. All public infrastructure
improvements required for this subdivision will be constructed by the developer at its
sole cost. City services will be provided to this project similar to other residential
projects in the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-111:
1. Approving Final Map for Tract No. 20145 (Subdivision 18 -08) involving the
subdivision of a project site containing approximately 5.98 acres into 16 single -
family residential lots located on the northerly side of Belmont Avenue between
Magnolia Avenue and Escena Street;
2. Accepting the public dedications as set forth on said map; and
3. Authorizing execution of the standard form of agreement for the subdivision
improvements.
Attachments
Attachment 1 Resolution No. 2021-111
Attachment 2 Exhibit “A” - Subdivision Improvement Agreement
Attachment 3 Project Bonds
Attachment 4 Final Map for Tract No.20145
Attachment 5 Resolution 2019-031 PC
Ward: 4
Synopsis of Previous Council Actions: None
19
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RESOLUTION NO. 2021-111
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 20145
(SUBDIVISION 18-08) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 5.98
ACRES INTO 16 SINGLE-FAMILY RESIDENTIAL LOTS
LOCATED ON THE NORTHERLY SIDE OF BELMONT
AVENUE BETWEEN MAGNOLIA AVENUE AND ESCENA
STREET; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF THE
SUBDIVISION IMPROVEMENTS
WHEREAS, on June 11, 2019, the Planning Commission of the City of San Bernardino
approved Subdivision 18-08 for Tentative Tract Map 20145; and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 20145
with conditions of approval, and has analyzed the Final Map for Tract No. 20145 in order to
ensure consistency between the approved Tentative Tract Map 20145 with adopted conditions of
approval and the final map requirements, and has determined that the Final Map for Tract No.
20145 has been found to be in substantial conformance with the approved Tentative Tract Map
20145; and
WHEREAS, the Mayor and City Council find that proposed Tract Map 20145, located
on the northerly side of Belmont Avenue between Magnolia Avenue and Escena Street within
the Residential Low (RL) zone together with the provisions of their design and improvement is
consistent with the General Plan of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager of the City of San Bernardino is authorized to execute
the standard form Subdivision Improvement Agreement with RCH-CWI BELMONT LP
attached and incorporated herein as Exhibit A, for the improvements in said Tract Map as
required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
Act. The time for performance is as specified in the Agreement. Said improvements are
specifically described and shown on Drawings approved and on file in the office of the
Community Development Department of the City of San Bernardino.
SECTION 3. On June 11, 2019, the Planning Commission adopted a Negative
Declaration in accordance with Section 15074 of the California Environmental Quality Act for
19.a
Packet Pg. 484 Attachment: Attachment 1 - Resolution No. 2021-111 (7287 : Approve Final Tract Map No. 20145 (Ward 4))
Resolution No. 2021-111
Subdivision 18-08 (tentative Tract Map 20145) and directed the Planning Commission Secretary
to prepare and file with the Clerk of the County of San Bernardino a Notice of Determination as
provided under Public Resources Code section 21152 (a) and CEQA Guidelines Section 15075.
SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public e asements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the
Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
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
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
19.a
Packet Pg. 485 Attachment: Attachment 1 - Resolution No. 2021-111 (7287 : Approve Final Tract Map No. 20145 (Ward 4))
Resolution No. 2021-111
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
19.a
Packet Pg. 486 Attachment: Attachment 1 - Resolution No. 2021-111 (7287 : Approve Final Tract Map No. 20145 (Ward 4))
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19.ePacket Pg. 527Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
19.ePacket Pg. 528Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
19.ePacket Pg. 529Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
19.ePacket Pg. 530Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
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19.ePacket Pg. 537Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
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19.ePacket Pg. 539Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
19.ePacket Pg. 540Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
19.ePacket Pg. 541Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
19.ePacket Pg. 542Attachment: Attachment 5 - Resolution 2019-031 PC (7287 : Approve Final Tract Map No. 20145 (Ward 4))
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: May 5, 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 – 5TH Street Senior Center
Outside Dining Cover (Ward 1)
Recommendation
Adopt Resolution No. 2021-112 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing the Director of Finance to amend the FY 2020/21 Cap ital
Improvement Plan (CIP) to include the 5th Street Senior Center Outside Dining
Cover (“Project”);
2. Authorizing construction, construction contingencies and inspections costs in the
total Project amount of $118,723;
3. Approving the award of a Construction Contract with Micon Construction, Inc. in
the amount of $94,023 to construct the Project; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
Background
The City owns, maintains, and operates the 5th Street Senior Community Center
located at 600 West 5th Street. Activities at the center are programmed by the Parks and
Recreation Department and include the administration of a senior lunch program. Due
to the pandemic, provision of lunch services at the facility is currently on a grab -and-go
basis.
The construction of an outside dining cover is needed to provide a safe outdoor dining
opportunity that is in compliance with current State and County health regulations
related to the Covid-19 pandemic. The 5th Street Senior Center Outside Dining Cover
Project (“Project”) will allow seniors participating in the lunch program to remain onsite
for the program and foster important community interaction in a socially distanced
setting. The Project will address the most immediate need at the community center and
will provide for the installation of a designed/engineered shelter cover structure of
appropriate dimensions to fit the existing cement foundation which previously supported
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a shuffleboard court.
On March 17, 2021, the Mayor and City Council approved Community Development
Block Grant (CDBG) CV3 funding in the amount of $175,000 for the Project.
Discussion
RFQ F-12-21-12, to provide construction of an outside dining cover at 5 th Street Senior
Center, was advertised for public bidding on Planet Bid on November 20, 2020.
Two bids were received on December 2, 2020 as follows:
Bidder City Base Bid
**NESU Corporation Tustin $64,380
Micon Construction, Inc. Placentia $94,023
** NESU Corporation proposal has missing bid items and is considered incomplete and non -responsive
City staff has reviewed the bid package and confirmed that Micon Construction, Inc. of
Placentia, California is the lowest responsible and responsive bidder, with a total bid
amount of $94,023. If awarded by the Mayor and City Council, construction is expected
to begin in June 2021 and be completed by August 2021.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 3: Improved Quality of Life by restoring
the ability for seniors to gather for the lunch program in an outdoor dining area at the
senior center.
Fiscal Impact
There is no General Fund impact associated with this action. Project budget for the
proposed work has been established through CDBG-CV3 (139) fund as follows:
5th Street Senior Center Outside Dining Cover
Fund 139 CDBG $ 175,000
Total Available Project Funding $ 175,000
The overall cost of the project is as follows:
Construction Bid Amount $ 94,023
Construction Contingency $ 20,000
Engineering and Inspections $ 4,700
Total Project Cost $ 118,723
In addition to construction costs, staff anticipates the need for a construction
contingency to provide amenities for seating in the outdoor dining area. The
contingency amount of $20,000 is higher than what is normally requested in order to
buy said amenities and any changes due to unforeseen conditions. An additional $4,700
is also required to support staff time for engineering inspections of the project.
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7292
Page 3
Conclusion
Adopt Resolution No. 2021-112 of the Mayor and City Council of the City of San
Bernardino, California:
1. Authorizing the Director of Finance to amend the FY 2020/21 Capital
Improvement Plan (CIP) to include the 5th Street Senior Center Outside Dining
Cover (“Project”);
2. Authorizing construction, construction contingencies and inspections costs in the
total Project amount of $118,723;
3. Approving the award of a Construction Contract with Micon Construct ion, Inc. in
the amount of $94,023 to construct the Project; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the Project.
Attachments
Attachment 1 Resolution No. 2021-112
Attachment 2 Exhibit A - Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Attachment 6 CIP Information Sheet
Ward: 1
Synopsis of Previous Council Actions:
March 17, 2021 Mayor and City Council adopted a Substantial Amendments to the
FY 2020-2021 Action Plan.
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RESOLUTION NO. 2021-112
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2020/21 CAPITAL IMPROVEMENT
PLAN (CIP) TO INCLUDE THE 5TH STREET SENIOR
CENTER OUTSIDE DINING COVER (“PROJECT”); AND
AUTHORIZING CONSTRUCTION, CONSTRUCTION
CONTINGENCIES AND INSPECTIONS COSTS IN THE
TOTAL PROJECT AMOUNT OF $118,723; AND
APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH MICON CONSTRUCTION, INC. IN
THE AMOUNT OF $94,023 TO CONSTRUCT THE
PROJECT; AND AUTHORIZING THE CITY MANAGER
OR DESIGNEE TO EXPEND THE CONTINGENCY FUND,
IF NECESSARY, TO COMPLETE THE PROJECT
WHEREAS, the City owns, maintains, and operates 5th Street Senior Community Center
located at 600 West 5th Street; and
WHEREAS, the Parks and Recreation Department administers a senior lunch program at
this community center, meeting a critical need of the senior community; and
WHEREAS, the installation of a designed/engineered shelter cover structure is required
to restore onsite dining opportunities for lunch program participants and ensure compliance with
current State and County health regulations due to the coronavirus pandemic; and
WHEREAS, funding in the amount of $175,000 was established from CDBG-CV3 fund
139 CDBG to cover the purchase and installation of outside dining cover at 5th Street
Community Center; and
WHEREAS, in December, 2020 staff administered a competitive bid process for 5th
Street Senior Center Outside Dining Cover (“Project”) resulting in two construction cost
submittals; and
WHEREAS, Micon Construction, Inc., of Placentia, 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 Micon
Construction, Inc., of Placentia, California in the amount of $94,023 to complete the Project.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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Resolution No. 2021-112
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute all
documents in support of 5th Street Senior Center Outside Dining Cover (“Project”) (RFQ F-21-
12) including a Construction Agreement with Micon Construction, Inc. in the amount of $94,023
on behalf of the City, attached hereto and incorporated herein as Exhibit “A”, and to expend
contingency funds, if necessary, to complete the Project.
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21
Capital Improvement Plan (CIP) to include the Project and to issue a purchase order in the
amount of $94,023 to Micon Construction, Inc., of Placentia, 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 installation of shade structure. 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 installation of shade
structure 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.
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Resolution No. 2021-112
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2021-112
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
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A G R E EM E N T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _____ day of _______________, 21___, between
the City of San Bernardino (owner and hereinafter "CITY"), and ______Micon Construction, Inc._______
(hereinafter "CONTRACTOR").
1. For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the CITY, and under the conditions expressed in the bond as deposited with the
CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the
CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the
CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete
in good workmanlike and substantial manner the
5TH STREET SENIOR CENTER OUTSIDE DINING COVER
RFQ F-21-12
in strict conformity with Plans and Special Provisions RFQ F-21-12, 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
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5th Street Senior Center Outside Dining Cover
RFQ F-21-12
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:
Micon Construction, Inc. BY: ________________________________
ROBERT D. FIELD
City Manager
BY: _______________________________
TITLE: ATTEST:
MAILING ADDRESS:
1616 Sierra Madre Circle, ________________________________
Placentia, CA 92870 GENOVEVA ROCHA, CMC, City Clerk
PHONE NO.: (800) 949-0203__________ 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
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BID TABULATION
FOR
5TH STREET SENIOR CENTER OUTSIDE DINING COVER
RFQ F-21-12
BID SCHEDULE
5TH STREET SENIOR CENTER OUTSIDE DINING COVER
RFQ F-21-12
ITEM
NO.BID ITEM DESCRIPTION ESTIMATED
QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL
1 Labor (Construction/ Installation of Shelter Cover 1 LS $45,815.00 $45,815.00 $33,018.00 $33,018.00
2 Materials (Pre-Fabricated Shelter Cover)1 LS
$36,652.00 $36,652.00 $25,864.00 $25,864.00
3 Wind Shear 95 MPH 1 LS
$550.00 $550.00
4 57' Gutters installed along south edge of cover roof, positioned
to drain towards the center from each end.1 LS
$2,420.00 $2,420.00
5 Other miscellaneous items (if any) not listed. Please use a
new libne for every item 1 LS
$5,610.00 $5,610.00 $3,429.00 $3,429.00
6
Tax (on materials) @ 8%
1 LS
$2,976.00 $2,976.00 $2,069.00 $2,069.00
TOTAL BID SCHEDULE
BID OPENING: 3:00 P.M., December 02, 2020
APPARENT
LOW BIDDER
MICON CONSTRUCTION, INC.
NON RESPONSIVE BID
NESU CORPORATION
$94,023.00 $64,380.00
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ATTACHMENT 5
5TH STREET SENIOR CENTER
LOCATION MAP
600 W 5th Street, San Bernardino, California 92410
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Attachment 6 – CIP Information Sheet
CITY OF SAN BERNARDINO PROJECT INFORMATION SHEET
Project Name PR21- 008
5th Street Senior Center
Outside Dining Cover
Department Public
Works
Ward 1 CIP Type Parks
Project Location 600 West 5th Street Project Category New
Total Project Cost $118,723 Prior Year Funding $0
Remaining Needed $118,723 Project No. XXXX
PROJECT DESCRIPTION
5th Street Senior Center located at 600 West 5th Street needs installation of the
designed/engineered shelter cover structure of to provide outside dining for safe outside
dining opportunity in compliance with State and County health regulations due to
coronavirus pandemic instead of the current grab-n-go service.
PROJECT FUNDING AND EXPENDITURE DETAIL
Funding
Source
Prior Year
Funding
FY 20/21
Projected
FY 21/22
Projected
FY22/23
Projected
FY 23/24
Projected
FY 24/25
Projected
Estimated
Project
Total
139 CDBG
$0
$175,000
$0
$0 $0
$0
$175,000
Totals $0 $175,000
$0
$0
$0
$0
$175,600
PROJECT STATUS UPDATE
Construction Bids have been received construction is scheduled for June 2021.
Consistency: 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 due to
coronavirus pandemic by providing outdoor dining facility at the senior center.
Forecasted Project Completion Date: August 2021
On-going Operating & Maintenance Impact: Maintenance reduced
Project Manager: Saba Engineer
20.f
Packet Pg. 625 Attachment: Attachment 6 - CIP Information Sheet (7292 : Construction Contract Award – 5TH Street Senior Center Outside Dining Cover (Ward
Page 1
Request for Future Meeting
City of San Bernardino
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Carousel Mall Demolition Cost Update and Financing
Forecast- Mayor John Valdivia
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Packet Pg. 626
Page 1
Request for Future Meeting
City of San Bernardino
Date: May 5, 2021
To: Honorable Mayor and City Council Members
From: Kimberly Calvin, Council Member, Ward 6
Subject: Consider Options for Reprogramming Unused Funding
Appropriated for the Gun Buy Back Program to Supp
22
Packet Pg. 627