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HomeMy WebLinkAbout10-20-2021 Agenda PacketCITY 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, OCTOBER 20, 2021 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field MAYOR PRO TEM, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://sbcity.tiny.us/PublicCommentOptions 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 To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://sbcity.tiny.us/102021agendabackup o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 -> Meeting Date Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 2 Printed 10/15/2021 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. Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. Case No. 5:20-cv-1189-KK ii. Isaak Bruno, by and through his Guardian ad Litem, Ash ley Dunning v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1829121 iii. Antonia Rincon, an individual, et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS2015071 iv. Pepe’s Inc., a California Corporation dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01646- JWH-SP v. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1906467 vi. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1911952 vii. Riznhead Inc., et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS2005179 viii. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1914576 Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 3 Printed 10/15/2021 (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 Confidential-Management Association, San Bernardino Police Dispatchers Association (C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)) 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR AND CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS ATTENDED PRESENTATIONS 1. Hindu Heritage Month (All Wards) 2. National Disabilities Employment Month (All Wards) 3. October 2021 Citizen of the Month - Juan Vasquez, President Rancho West Neighborhood Association 4. September 2021 Citizen of the Month - Lynne Wear, Muscupiabe Neighborhood Association PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 5. Electoral Redistricting Advisory Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Peggi Hazlett to the Electoral Redistricting Advisory Committee representing Ward 5 with the term ending when the City’s ward map based upon the 2020 U. S. Census date is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 4 Printed 10/15/2021 voter within the City. DISCUSSION 6. Cash Handling and Revenue Control Policy (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the p roposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-246 as presented establishing the Cash Handling and Revenue Control Policy. 7. American Rescue Plan Update and Budget Amendment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-247 authorizing the City Manager to amend the Fiscal Year 2021/22 Operating and Capital Budget by $7,160,000 to fund the Violence Intervention Program, the Graffiti Abatement, Clean-up, and Paintbrush Program, and the Lead Connector Replacement Program through American Rescue Plan funds; and review, discuss and provide feedback on further investment of the American Rescue Plan funds. 8. Charter Review Committee Recommendation (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss the Charter Review Committee’s recommendation to have the Committee review all proposals to amend the City Charter in advance of consideration by the Mayor and City Council. PUBLIC HEARINGS 9. Imposing Liens on Certain Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2021-245 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 5 Printed 10/15/2021 10. Annexation No. 9 to Community Facilities District 2019-1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3 at 7:00 p.m. 11. Annexation No. 10 to Community Facilities District 2019 -1 (Maintenance Services) (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3, 2021 at 7:00 p.m. CONSENT CALENDAR 12. 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 minutes from the May 20, 2020, Regular meeting of the Mayor and City Council. 13. Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement Between the City of San Bernardino and NPHS San Bernardino Developments, LLC (Ward 2) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-248 authorizing the execution of Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC that would allow NPHS to retain program income for additional HOME eligible activities; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. 14. Subordination of a Deed of Trust in Connection with 2674 W. Via San Carlos, San Bernardino, California (Ward 3) Recommendation Adopt Resolution No. 2021-249 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 2674 W. Via San Carlos, San Bernardino, California. Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 6 Printed 10/15/2021 15. June, July & August 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes 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 board, commission, and citizen advisory committee meetings approved in July, August and September 2021. 16. 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 September 2021. 17. Memorandum of Understanding with the San Bernardino Police Officers Association (All Wards) Recommendation Adopt Resolution No. 2021-251 of the Mayor and City Council of the City of San Bernardino, California, approving the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating the city-wide salary schedule, and amending Resolution No. 2021-232. 18. 2021-2022 Retired and Senior Volunteer Program (RSVP) – 3RD Year of a 3 - Year Grant Award (All Wards) Recommendation Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San Bernardino, California approving the ratification of the submission of a continuation grant application for year three of a three-year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program (RSVP), accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in matching funds for the continued operation of RSVP for a total amount of $128,798, for the Period of April 1, 2021, through March 31, 2022. 19. Execution of PSA to PM Group in the Amount of $67,635 for the Design, Print, and Mail of City of San Bernardino PRCSD Trimester Brochure for FY2021 - 2022 Recommendation Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager or designee, to execute a professional services agreement (PSA) between the City and the PM Group (PMG) for the design, print, and mail services of the Parks, Recreation and Community Services Department (PRCSD) trimester brochure for Fiscal Year 2021/22. 20. Purchase Order for Six Cubic Yard Back Rear Loader (All Wards) Recommendation Adopt Resolution No. 2021-257 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget Report: one new, 6 cubic yard, Diamond Back Rear Loader in the Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 7 Printed 10/15/2021 amount of $133,686.15. 21. Stop Sign Installation at the Intersection of Magnolia Avenue and Meyers Road (Ward 5) Recommendation Adopt Resolution No. 2021-256 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 655 entitled, in par t, “A Resolution… designating certain streets or portions thereof as through highways…” and authorizing the establishment of an all-way (4-way) stop control at the intersection of Magnolia Avenue and Meyers Road. 22. Construction Contract Award – Installation of LED Solar Powered Street Lights on “E” Street Between Baseline Street and Highland Avenue (Ward 2) Recommendation Adopt Resolution No. 2021-254 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Quality Light and Electric in an amount not to exceed $249,282 for the construction and installation of LED solar powered streetlights on “E” Street between Baseline Street and Highland Avenue; 2. Authorizing project construction, construction contingencies, and inspection costs in the total amount of $35,000 for installation of LED solar powered streetlights; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 23. Purchase Order for Installation of a Battery Backup System (Wards 1,2,3,4,6) Recommendation Adopt Resolution No. 2021-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with NexTech Systems, and authorizing the Director of Finance to issue a purchase order in an amount not-to-exceed $59,786.96 for the installation of a Backup Battery System (BBS) at six locations in various areas of the City. Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 8 Printed 10/15/2021 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 24. Fire Safety Measures and Potential Implementation/Addition to the City Municipal Code as it Relates to Pallet Yards (All Wards) - Council Member Reynoso 25. Instruct Staff to Evaluate Options for Adjusting the Salary of the Mayor to Appropriately Reflect the Duties of the Office Following the 2016 Amendment of the City Charter. - Council Member Shorett ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and C ity Council Acting as the Successor Age ncy to the Redevelopment Agency will be held on Wednesday, November 3, 2021, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the October 20, 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, October 15, 2021. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 9 Printed 10/15/2021 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 t o 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 bu t 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” h is/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 approp riate action or have the item placed on the next agenda of the Mayor and City Cou ncil 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 Ci ty Council and the Mayor and City Council Acting as the Successor Agency to the R edevelopment 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 5 4954.2 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. Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 10 Printed 10/15/2021 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions . 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845- 9453 Passcode: 2021 The public may begin joining the meeting on Zoom or by calling-in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page… Regular Meeting Agenda October 20, 2021 Mayor and City Council of the City of San Bernardino Page 11 Printed 10/15/2021 B) Join the Meeting by clickin g on the Zoom link below: https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode: 2021 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode: 2021 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. Page 1 Closed Session City of San Bernardino Date: October 20, 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. Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. Case No. 5:20-cv-1189-KK ii. Isaak Bruno, by and through his Guardian ad Litem, Ashley Dunning v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1829121 iii. Antonia Rincon, an individual, et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS2015071 iv. Pepe’s Inc., a California Corporation dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:21-cv-01646- JWH-SP v. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1906467 vi. Ashe Society SB, LLC v. City of San Bernardino, San Bernardino Supe rior Court Case No. CIVDS1911952 vii. Riznhead Inc., et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS2005179 viii. SB Pharma Holdings, Inc., et al. v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1914576 (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 Confidential-Management Association, San Bernardino Police Dispatchers Association Packet Pg. 12 8610 Page 2 (C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)) Packet Pg. 13 Page 1 Presentation City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: Hindu Heritage Month (All Wards) 1 Packet Pg. 14 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNNIA, PROCLAIMING OCTOBER 2021 AS “HINDU HERITAGE MONTH” IN THE CITY OF SAN BERNARDINO WHEREAS, the City of San Bernardino and the nation have been influenced by the extraordinary cultural, ethnic, linguistic, and religious diversity of its residents. The City of San Bernardino is home to a significant Hindu American population; and WHEREAS, there are an estimated one billion Hindus worldwide, and approximately 2.23 million Hindu Americans live across the nation; and WHEREAS, Hindu Americans in the City of San Bernardino represent diverse ethnic backgrounds, including individuals of Indian, Pakistani, Bangladeshi, Malaysian, Indonesian, Afghani, Nepali, Bhutanese, Sri Lankan, Fijian, Caribbean, and European descent; and WHEREAS, the year 2021 marks the 128th anniversary of when Hinduism was officially introduced to the United States by Swami Vivekananda at the 1893 World’s Parliament of Religions in Chicago, IL, and the 121st anniversary of when he founded the Vedanta Society in San Francisco, California, in 1990; and WHEREAS, Hindus are primarily an immigrant community and first started immigrating to the City of San Bernardino in the early 1900s, and came in increasing numbers after the lifting of the Asian Exclusion Act of 1924 in 1943 and the abolishment of quotas for immigrants based on national origin in 1965; and WHEREAS, most Hindu immigrants have come to the United States as students, in search of better economic opportunities, or to unite with family members, while others have arrived in this country after facing religious persecution in their countries of origin; and WHEREAS, Hindu Americans and the Vedanta philosophy have significantly influenced notable intellectuals such as President John Adams, Henry David Thoreau and Ralph Waldo Emerson. NOW THEREFORE, BE IT RESOLVED that the City of San Bernardino Mayor and City Council, do hereby proclaim the month of October 2021 as “Hindu Heritage Month” We urge all San Bernardino City residents, citizens, and businesses to join communities across our nation to increase awareness of the importance of Hindu Heritage Month during the month of October and throughout the year. Presented on this 20th day of October 2021. 1.a Packet Pg. 15 Attachment: Attachment 1 - Hindu Heritage Month Proclamation (8598 : Hindu Heritage Month (All Wards)) Page 1 Presentation City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: National Disabilities Employment Month (All Wards) 2 Packet Pg. 16 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNNIA, PROCLAIMING OCTOBER 2021 AS “NATIONAL DISABILITY EMPLOYMENT AWARENESS MONTH” IN THE CITY OF SAN BERNARDINO National Disability Employment Awareness Month (NDEAM) - October 2021 WHEREAS, from the U.S. Department of Labor, Office of Disability Employment Policy: The theme for NDEAM 2021, ‘America’s Recovery: Powered by Inclusion,’ reflects the importance of ensuring that people with disabilities have full access to emplo yment and community involvement during the national recovery from the COVID-19 pandemic; and WHEREAS, NDEAM is held each October to commemorate the many and varied contributions of people with disabilities to America’s workplaces and economy. October 2021 marks the 76th anniversary of National Disability Employment Awareness Month. The City of San Bernardino recognizes the many contributions of our residents with disabilities who are active in the workforce; and the purpose of National Disability Employment Awareness Month is to educate the public about disability employment issues and celebrate the many and varied contributions of America’s workers with disabilities; and WHEREAS, the City of San Bernardino is wholly committed to maximizing employment opportunities for individuals with disabilities through education, training, collaboration, and awareness. Goodwill Industries is empowering our city residents with disabilities through employment, and our city is setting a high standard by bringing together businesses and partners to break down the barriers faced by individuals with disabilities who are working or seeking employment. NOW THEREFORE, BE IT RESOLVED that the City of San Bernardino Mayor and City Council, do hereby proclaim the month of October 2021 as “National Disability Employment Awareness Month” We urge all San Bernardino City residents, citizens, and businesses to join communities across our nation to increase awareness of the importance of National Disability Employment during the month of October and throughout the year. Presented on this 20th day of October 2021. 2.a Packet Pg. 17 Attachment: Attachment 1 - National Disabilities Employment Month Proclamation (8599 : National Disabilities Employment Month (All Wards)) Page 1 Presentation City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Juan Figueroa, Council Member, Ward 3 Subject: October 2021 Citizen of the Month - Juan Vasquez, President Rancho West 3 Packet Pg. 18 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING JJUUAANN VVAASSQQUUEEZZ PPRREESSIIDDEENNTT RRAANNCCHHOO WWEESSTT NNEEIIGGHHBBOORRHHOOOODD AASSSSOOCCIIAATTIIOONN OOCCTTOOBBEERR 22002211 CCIITTIIZZEENN OOFF TTHHEE MMOONNTTHH AAWWAARRDD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 20th day of October 2021 3.a Packet Pg. 19 Attachment: Attachment 1- Juan Vasquez, October 2021 Citizen of the Month (8601 : October 2021 Citizen of the Month - Juan Vasquez, Page 1 Presentation City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Sandra Ibarra, Mayor Pro-Tem/Council Member, Ward 2 Subject: September 2021 Citizen of the Month - Lynne Wear, Muscupiabe Neighborhood Association 4 Packet Pg. 20 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING LLYYNNNNEE WWEEAARR SSEECCRREETTAARRYY MMUUSSCCUUPPIIAABBEE NNEEIIGGHHBBOORRHHOOOODD AASSSSOOCCIIAATTIIOONN OOCCTTOOBBEERR 22002211 CCIITTIIZZEENN OOFF TTHHEE MMOONNTTHH AAWWAARRDD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 20th day of October 2021 4.a Packet Pg. 21 Attachment: Attachment 1- LYNNE WEAR, September 2021 Citizen of the Month (8602 : September 2021 Citizen of the Month - Lynne Wear, Page 1 Appointment City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Ben Reynoso, Council Member, Ward 5 Subject: Electoral Redistricting Advisory Committee Appointment (Ward 5) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Peggi Hazlett to the Electoral Redistricting Advisory Committee representing Ward 5 with the term ending when the City’s ward map based upon the 2020 U. S. Census date is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. Background The Electoral Redistricting Advisory Committee was established by Resolution No. 2021-70 on April 7, 2021. Discussion The Electoral Redistricting Advisory Committee is an advisory body to the Mayor and City Council and will consist of seven members with one resident from each ward. The purpose of the committee is to allow for active participation, engage community members and provide recommendations to the Mayor and City Council regarding the establishment of ward boundaries based upon the 2020 U. S. Census data, taking into consideration the following factors: (a) Population; (b) Topography; (c) Geography; (d) Cohesiveness, contiguity, integrity, and compactness of territory, and (e) Communities of interests. While serving on the committee, a member may not be a candidate for office, nor can they endorse, work for, volunteer for, be an immediate family member of, or make a campaign contribution to, a candidate for any City elective office. Each member of the committee shall serve without compensation; participation in the Committee is temporary and will terminate when the Mayor and City Council adopt the City’s ward map based upon the 2020 U. S. Census data. 5 Packet Pg. 22 8585 Page 2 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 It is recommended that the Mayor and City Council of the City of San Bernardino, approve the appointment of Ms. Peggi Hazlett to the Electoral Redistricting Advisory Committee representing Ward 5 with the term ending when the City’s ward map based upon the 2020 U. S. Census date is adopted by the Mayor and City Council. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Ms. Peggi Hazlett Attachment 2 Resolution No. 2021-70 Ward: 5 Synopsis of Previous Council Action: April 7, 2021 Resolution No. 2021-70 establishing the Electoral Redistricting Advisory Committee was adopted. 5 Packet Pg. 23 5.a Packet Pg. 24 Attachment: Attachment 1 - MCC.Commission Application - Peggi Hazlett (8585 : Electoral Redistricting Advisory Committee Appointment 5.a Packet Pg. 25 Attachment: Attachment 1 - MCC.Commission Application - Peggi Hazlett (8585 : Electoral Redistricting Advisory Committee Appointment 5.a Packet Pg. 26 Attachment: Attachment 1 - MCC.Commission Application - Peggi Hazlett (8585 : Electoral Redistricting Advisory Committee Appointment 5.b Packet Pg. 27 Attachment: Attachment 2 - Resolution No. 2021-70 (8585 : Electoral Redistricting Advisory Committee Appointment (Ward 5)) 5.b Packet Pg. 28 Attachment: Attachment 2 - Resolution No. 2021-70 (8585 : Electoral Redistricting Advisory Committee Appointment (Ward 5)) 5.b Packet Pg. 29 Attachment: Attachment 2 - Resolution No. 2021-70 (8585 : Electoral Redistricting Advisory Committee Appointment (Ward 5)) 5.b Packet Pg. 30 Attachment: Attachment 2 - Resolution No. 2021-70 (8585 : Electoral Redistricting Advisory Committee Appointment (Ward 5)) Page 1 Discussion City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Cash Handling and Revenue Control Policy (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-246 as presented establishing the Cash Handling and Revenue Control Policy. Background The City of San Bernardino is a charter city operating under a council -manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government. The Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards, and the like. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City. On February 3, 2021, the Mayor and Council provided conceptual support for the development of a comprehensive administrative policy manual. At that time staff began crafting the Cash Handling and Revenue Control Policy discussed below for consideration. Discussion The Cash Handling and Revenue Control Policy establishes proper control over all receipts and receivables and helps ensure sound financial management practices. It is an integral part of the City’s overall financial policies and applies to all City departments handling receipts and/or receivables. Formally adopting the policy is critically important to safeguard City assets and protect City employees by establishing requirements for internal controls in departments handling cash and receiving payments. REVENUE RECEIPTING Receiving payments in the form of cash, checks, credit cards and electronic funds 6 Packet Pg. 31 8582 Page 2 transfer creates risk. Cash handling is the riskiest activity in the City for potential fraud and theft, particularly in systems that are not integrated with the City’s General Ledger financial system. To protect both the City and the City employees working with cash, internal controls must be in place to ensure that all aspects of receipting are properly managed. INTERNAL CONTROLS Internal controls are rules and procedures layered onto normal business activities to ensure the accuracy of financial information, safeguard assets, minimize errors, promote accountability, and prevent fraud. There are two types of internal control: preventative and detective. Preventative controls aim to deter errors or fraud; while detective controls are designed to discover or “catch” errors or fraud after the fac t. The City strives to have preventative internal controls in place wherever possible to proactively protect the City’s assets and employees. When preventative controls are not feasible, and as an additional safeguard, the City will employ detective controls. 2020-2025 Key Strategic Targets and Goals Approval of administrative policies aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by establishing consistent clear procedures for staff and elected officials to follow that promote a professional environment and contributes toward a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no financial impact associated with the development of an administrative policy manual beyond dedicated staff time. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino , California, review the proposed administrative policy and provide direction for modifications or adopt Resolution No. 2021-246 as presented establishing the Cash Handling and Revenue Control Policy. Attachments Attachment 1 Resolution 2021-246 Attachment 2 Exhibit A - Cash Handling and Revenue Control Policy Ward: All Synopsis of Previous Council Actions: February 3, 2021 Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City. 6 Packet Pg. 32 Resolution No. 2021-246 RESOLUTION NO. 2021-246 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING THE CITY’S ADMINISTRATIVE POLICY REGARDING CASH HANDLING AND REVENUE CONTROL WHEREAS, the City of San Bernardino is a Charter City operating under a Council- Manager form of government; WHEREAS, the City Charter is the document adopted by voters that defines the organization, powers, functions and essential procedures of the city government and the Municipal Code contains the local laws and regulations adopted by the Mayor and City Council that establish zoning and development standards, traffic regulations, administrative standards and the like; WHEREAS, in addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that establish the controls needed to ensure that City employees and elected and appointed officials are able to operate under a clear set of guidelines that align with the laws and regulations that govern the City; and WHEREAS, on February 3, 2021, the City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and elected and appointed officials are operating under a clear set of guidelines that govern the City; and WHEREAS, cash handling and receipting is an area of high risk; and WHEREAS, establishing a policy for proper internal controls protects both City assets and City employees. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City of San Bernardino Administrative Policy – Cash Handling and Revenue Control, attached hereto, and incorporated herein as Exhibit A, is hereby approved. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 6.a Packet Pg. 33 Attachment: Attachment 1 - Resolution 2021-246 Cash Handling and Revenue Control Policy [Revision 1] (8582 : Cash Handling and Revenue Resolution No. 2021-246 SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 6.a Packet Pg. 34 Attachment: Attachment 1 - Resolution 2021-246 Cash Handling and Revenue Control Policy [Revision 1] (8582 : Cash Handling and Revenue Resolution No. 2021-246 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 6.a Packet Pg. 35 Attachment: Attachment 1 - Resolution 2021-246 Cash Handling and Revenue Control Policy [Revision 1] (8582 : Cash Handling and Revenue Cash Handling and Revenue Control 1 City of San Bernardino - Administrative Policy Manual City of San Bernardino Administrative Policy Manual Subject: Cash Handling and Revenue Control Policy Purpose: To establish proper cash handling and revenue controls over all receipts and receivables; an integral part of ensuring sound financial management and business practices in the City of San Bernardino. Authority: Resolution No. ______________ Scope: This Policy is applicable to all departments and employees handling receipts and/or receivables on behalf of the City of San Bernardino. Exemption from Scope This policy shall not apply to employees or elected officials who do not handle receipts and/or receivables on behalf of the City. Policy: This cash handling and revenue control policy establishes proper control over all receipts and receivables and helps ensure sound financial management practices. It is an integral part of the City’s overall financial policies and applies to all City departments handling receipts and/or receivables. REVENUE RECEIPTING Receiving payments in the form of cash, checks, credit cards and electronic funds transfer creates risk. Cash handling is the riskiest activity in the City for potential fraud and theft, particularly in systems that are not integrated with the City’s General Ledger financial system. To protect both the City and the City employees working with cash, internal controls must be in place to ensure that all aspects of receipting are properly m anaged. INTERNAL CONTROLS Internal controls are rules and procedures layered onto normal business activities to ensure the accuracy of financial information, safeguard assets, minimize errors, promote accountability, and prevent fraud. There are two types of internal control: preventative and detective. Preventative controls aim to deter errors or fraud; while detective controls are designed to discover or “catch” errors or fraud after the fact. The City strives to have preventative internal controls in place wherever possible to protect the City’s 6.b Packet Pg. 36 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control 2 City of San Bernardino - Administrative Policy Manual assets and employees. When preventative controls are not feasible, and as an additional safeguard, the City will employ detective controls. 1) Segregation of duties a. Segregation of duties is an internal control designed to prevent error and fraud by ensuring that at least two individuals are responsible for separate parts of any task . b. Duties that must be segregated i. An employee who receives payments shall not reconcile daily receipts to the General Ledger. ii. An employee who receives payments shall not prepare and sign off on the daily deposit. iii. An employee who receives payments shall not have access to the safe if the division has one. c. Divisions accepting payments where staffing levels do not permit an ideal segregation of duties: i. Wherever possible, consolidate the payment/receipting functions of small Divisions to allow for adequate staffing for proper segregation of duties. ii. If consolidation is not possible due to physical limitations of space and/or incompatibility of systems, compensating detective controls may be used to mitigate the additional risk. 1. Authorized Division personnel who are not assigned the cash handling responsibilities shall periodically, but not less than monthly, conduct reviews of cash handling: a. Examine, count, or perform other reviews of cash funds, b. Verify that documented procedures are being followed, and c. document the results for review by the Finance Department and the external financial auditors. 2. Additional detective controls including the following may also be added depending on the volume of receipts: a. The installation of a “smart safe” to remove the need for a department safe with employee access, and b. More frequent periodic internal audits of cash handling operations conducted by the Finance Department without prior notice. d. Establishing preventative controls including proper segregation of duties should be the primary goal, even if it is more convenient to implement detective controls. Detective controls cannot deter errors or fraud; they can only discover them after the fact. 6.b Packet Pg. 37 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control 3 City of San Bernardino - Administrative Policy Manual 2) Timely deposits a. Cash and checks received shall be deposited (either via armored courier or smart safe) within 24 hours of receipt or the next business day. i. If there is a smart safe on site, payments must be deposited in the smart safe on the same day they are received. b. The Division Supervisor or Manager is responsible for ensuring that all deposits are timely. i. If three (3) or more deposits in one month are not made within 24 hours or on the next business day, a memo explaining the failure to comply with policy must be submitted to the Finance Department as external audit documentation within five (5) business days of notification by the Finance Department. ii. Repeated failure to make timely deposits may result in disciplinary action. 3) Physical security of deposits a. Ensuring the physical security of deposits is the responsibility of the department receiving the funds. b. Examples of physical security i. Installation of smart safes at cash receipting sites to immediately record deposits and ensure the security of cash and checks before the deposit is picked up. ii. Armored Courier Service pick up for deposits and to replenish change funds. iii. On-Site Safes 1. On-site safes are the least secure option for deposits and should only be used for low volume operations with very limited cash receipts. 2. Safe combinations, codes and secure office keys shall be restricted to a minimum number of employees and should be changed periodically and whenever there is any change in personnel with access. 3. A log shall be maintained of those entrusted with vault combinations and secure office keys. a. The log should indicate changes in personnel and include dates that the combinations and/or locks are changed. b. Documentation must be maintained showing the date and the reason for the combination and/or lock changes and issuance of keys. 4. Safe access is to be restricted at all times. If access is necessary by any other person other than those designated, a designated employee must accompany that person. 6.b Packet Pg. 38 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control 4 City of San Bernardino - Administrative Policy Manual 4) Timely cash, credit, and receivable reconciliations to the General Ledger and reporting a. Subledger receivables shall be reconciled by the department within 30 days of the department receiving the General Ledger receivable report from the Finance Department. (See APPENDIX Procedures, Section 3: Monthly Reconciliation/Verification of Receivables, b. Open Receivables) 5) Periodic Review a. The Finance Department will conduct periodic reviews of cash handling and receipting in the departments without notice. b. Each department is responsible for maintaining a list of cash handling locations and cash handlers. This list should be reviewed and updated annually and whenever there are new employees or turnover. c. It is the responsibility of the Department Head or Director to report new cash handlers to Finance. (See 6: Annual and New Employee Training) 6) Annual and New Employee Training a. The Finance Department shall offer training to all employees with cash handling and receipting responsibilities. b. Employees in cash handling/receipting roles are required to attend at least one cash handling/receipting training class annually. c. Cash handling training for new employees: i. An email should be sent to the Finance Department by the Department Head/Director including: the department’s name, the new cash handler’s name, and their SBCITY email prior to the new employee’s start date. ii. The new cash handler will have one month from their start date to complete training. iii. Finance will coordinate with the employee and their supervisor to schedule training within the required timeframe. 7) Each department must have its own cash handling procedures specific to its function and processes. a. Development. i. These procedures shall be developed by the department with Finance Department assistance. ii. Procedures shall ensure: 1. Adequate staffing 2. Appropriate internal controls 3. Security of deposits b. Approval. 6.b Packet Pg. 39 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control 5 City of San Bernardino - Administrative Policy Manual i. The procedures must be approved by the Finance Director. c. Audit. i. These procedures will be subject to both internal (Finance Department) and external audit. ii. Departments may establish periodic audit procedures within their department as an additional internal control. d. Review and Updates i. Departmental procedures should be reviewed annually. ii. Updates to procedures should be made when there is a chang e to any of the functions covered by the procedures. 8) Accountability Department Supervisors, Managers and Directors are responsible for ensuring that established procedures and internal controls remain in place and that employees do not become complacent. 6.b Packet Pg. 40 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control – APPENDIX i City of San Bernardino - Administrative Policy Manual APPENDIX PROCEDURES The procedures outlined below may not be used to replace the required department- specific cash handling procedures but should be used as the foundation on which those procedures are built. Finance will assist in the development of department -specific cash handling procedures to ensure that internal controls are appropriate, and staffing is adequate to maintain them. (Policy Section 7) The procedures below are required for all revenue receiving and cash handling operations within the City. 1) Cash Drawers a. Cash drawers shall not be shared. i. The Supervisor shall assign a cash drawer to the employee(s), watch as employee(s) counts the drawer, and sign off on the starting cash for each drawer. ii. The Supervisor shall not use an employee’s drawer but must have their own if they will be receiving payments. b. End of Day i. Cash drawers must be counted in the presence of the Supervisor. ii. If the Supervisor is assigned a cash drawer, they must ensure that an employee who is not a direct report is available to sign off on their drawer count. iii. See Section 2: Reconciliation of Receipts b. Daily Reconciliation and Report for full End of Day procedures. 2) Reconciliation of Receipts a. All receipts and deposits for cash, checks, credit card, and online/electronic payments must be reconciled daily. b. Daily Reconciliation and Report i. In the presence of their Supervisor, the employee receiving payments shall count the cash, check, credit card, and electronic payments received at the end of the day and reconcile the amounts to the system (subledger) report. 1. Any discrepancies (over/under) shall be reported to the Supervisor immediately. 2. Over/under amounts, once verified, shall be recorded in the proper overage or shortage account. (See Section 4: Overage and Shortage) 6.b Packet Pg. 41 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control – APPENDIX ii City of San Bernardino - Administrative Policy Manual ii. The Supervisor shall recount the cash, checks, credit card receipts, and electronic payments to verify the amounts. iii. Both the employee and the Supervisor shall sign the Daily Report. It shall then be forwarded to the Finance Department. Department records will contain information regarding the type of collection (such as cash, check, or money order) received from each payer. This information will be recorded so that it can be readily audited from receipts, reports of collections, or the registers, and will show the amount of each item presented. c. Copies of manual cash receipts should be retained in numerical sequence, including any “voided” receipts. d. Weekly Reconciliation i. Division Supervisor Responsibility 1. The Supervisor shall verify that all subledger reports match the General Ledger Reports. 2. The Supervisor and Manager (or Director) sign-off on the reports. e. Monthly Reconciliation of Receipts i. Division Supervisor Responsibility 1. The Supervisor shall verify that all subledger reports match bank and General Ledger Reports. ii. Finance Department Responsibility 1. Bank Reconciliations a. Completed in concert with the Division Supervisor reconciliations in the Department. b. Finance will work with the Division Supervisor to resolve any questions. 2. The Finance Department will sign-off on the monthly reconciliation when the bank reconciliation is complete. 3) Monthly Reconciliation/Verification of Receivables a. The Division Supervisor is responsible for managing receivables related to their Division/Department. i. These reconciliations ensure that the subledger receivable balance and the General Ledger receivable balance match and are accurate for billing and audit. ii. Finance will send a monthly General Ledger receivable report to each Department detailing the open receivables as of month-end. b. Open Receivables 6.b Packet Pg. 42 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control – APPENDIX iii City of San Bernardino - Administrative Policy Manual i. It is the responsibility of each Department to verify their subledger open receivables each month and contact vendors for payment if any invoices are outstanding beyond the due date. ii. Subledger receivables shall be reconciled to the General Ledger within 30 days of receipt of the receivable report from Finance. 1. If a Department is having difficulty reconciling receivables, they should contact Finance for assistance. a. Finance staff is available to work with Departments remotely o r in- person on request. iii. Receivable Audits 1. Finance will conduct periodic internal audits of subledger receivables without notice. 2. Subledger receivables may also be audited by the external financial auditors during the annual financial audit. iv. Failure to manage receivables may result in disciplinary action. 4) Overage and Shortage a. Employees handling cash receipts must balance cash collected to the cashiering system total or to the total of the manual cash log. Any difference in the total of the actual receipts and the total of the register or log must be reported as an overage or shortage. i. Overages 1. If the payer that made the overpayment can be identified and the overpayment substantiated; a refund may be made. 2. All other cash overages will be cleared as miscellaneous revenue in the overage account. ii. Shortages 1. Cash shortages will be cleared by adjusting the accounting records by the shortage amount. iii. Repeated Over/Short; Excessive Over/Short 1. Repeated Over/Short at the same location will trigger additional training for employees and may result in an internal audit and possible disciplinary action. 2. Over/Short amounts in excess of 10% of daily receipts at a location will trigger additional training for employees and may result in an internal audit and possible disciplinary action. 5) Change Funds a. Cashiering locations are responsible for the security of their change funds. 6.b Packet Pg. 43 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Cash Handling and Revenue Control – APPENDIX iv City of San Bernardino - Administrative Policy Manual b. Accountability for change funds shall be assigned to an employee who is designated as the change fund custodian. i. The department shall report the name and title of the change fund custodian to the Finance Department. ii. Any permanent change in custodian shall be reported to Finance within ten (10) business days. c. The integrity of the change fund must be maintained at all times. i. Change funds shall not be commingled with other funds. ii. Reconciliations of change fund balances shall be performed on a regular basis not less than quarterly. iii. Reconciliations must be performed by a Supervisor or Manager in the presence of an employee who is not a direct report. iv. The frequency of reconciliations should be determined by the department based on the volume of activity of a particular location. 1. Quarterly reconciliation is appropriate for low volume operations only. 2. High volume operations should reconcile change funds at least monthly. d. An unannounced cash count and verification of change shall be performed on a periodic basis. i. Verification must be performed by someone within the department other than the change fund custodian. ii. Verification must be performed in the presence of the change funds custodian, and iii. Verification must be documented for the Finance Department and external auditors. e. The Finance Department will conduct periodic, unannounced internal audits of change funds. f. Replenishment i. Change funds shall be replenished by armored courier service on a regular basis or as needed. ii. If a change fund must be replenished and armored courier service is not available, an employee may replenish the fund from another location or the bank only if escorted by a Police Officer or security guard. 6.b Packet Pg. 44 Attachment: Attachment 2 - Exhibit A - Cash Handling and Revenue Control Policy (8582 : Cash Handling and Revenue Control Policy (All Page 1 Discussion City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: American Rescue Plan Update and Budget Amendment (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-247 authorizing the City Manager to amend the Fiscal Year 2021/22 Operating and Capital Budget by $7,160,000 to fund the Violence Intervention Program, the Graffiti Abatement, Clean -up, and Paintbrush Program, and the Lead Connector Replacement Program through American Rescue Plan funds; and review, discuss and provide feedback on further investment of the American Rescue Plan funds. Background On August 4, 2021, staff presented various options for investment of funds awarded to the City of San Bernardino as part of the City’s $77 million award under the American Rescue Plan Act. The City received $38.5 million in May 2021, and the remainder of the funds are anticipated to be received in 2022. In August, the US Department of Treasury stated that the issuance of a Final Rule was imminent, and staff committed to returning to Council with an update in October. To date, Treasury has not issued a Final Rule for the use of the funds; however, some new guidance has been provided including additional focus on addressing disparities in communities and ensuring equitable outcomes of programs. Council’s direction on October 6, 2021, to commit $1 million of the Rescue Plan funds to the City’s violence intervention program is specifically allowed under the existing Interim Final Rule as an evidence-based community violence invention program. (Coronavirus State and Local Fiscal Recovery Funds, Department of the Treasury, Interim Final Rule, Monday, May 17, 2021) Federal guidelines require the quarterly reporting of expenditures, and recent additional guidance emphasizes the importance of evidence - based, data-driven metrics and outcomes that are measurable, whether a program is new, or capacity is being added to an already successful program in the community. Guidance includes examples of performance measures and outcomes that staff will evaluate to determine if any additional metrics should be added to ensure that the funds 7 Packet Pg. 45 8604 Page 2 committed by Council have the greatest impact in the community. After approval of the budget amendment allocating the $1 million, staff will issue a Request for Proposal consistent with Federal Uniform Guidance, which requires that all procurement transactions for property or services must be conducted in a manner providing full and open competition. (Compliance and Reporting Guidance, State and Local Fiscal Recovery Funds, Department of the Treasury, June 24, 2021). It is unknown when the US Department of Treasury will issue a Final Rule on the use of Rescue Plan funds; however, staff will update the Mayor and Council as soon as new information becomes available. Discussion While the City waits for final rules and guidance from the Department of Treasury, work can nevertheless proceed in areas of investment already specifically allowed by the existing rules. Programs ready for investment The following programs fit within the existing guidelines and are ready to begin with Council approval and an amendment to the FY 2021/22 Budget. 1) Violence Intervention Program. As discussed above, the City’s existing VIP program is a proven success, and the allocation of $1 million in Amer ican Rescue Plan funds will build additional capacity to expand the reach of the program within the community. 2021/22 Investment: $1,000,000 Staff next steps: Staff will issue a Request for Proposal (RFP) for violence intervention program services. Responsive proposals will be evaluated, and recommendations brought back to Council based on criteria developed according to Federal Uniform Guidance, as required by the American Rescue Plan Act. Anticipated Council Update: January-February 2022 2) Graffiti Abatement, Clean-up and “Paintbrush” Program. A Council-supported initiative, this program invests in the built environment of the City, including façade improvements for existing small businesses, graffiti abatement, and cleaning up abandoned storefronts. This not only improves the environment for existing businesses, but also can stimulate the local economy by drawing in more customers and new businesses. 2021/22 Investment: $1,000,000 Staff next steps: Staff will issue RFPs for graffiti abatement, clean -up, and paintbrush work. Responsive proposals will be evaluated, and recommendations brought back to Council based on criteria developed according to Federal Uniform Guidance, as required by the American Rescue Plan Act. 7 Packet Pg. 46 8604 Page 3 Anticipated Council Update: December 2021- January 2022 3) Water Infrastructure: Lead Service Connector Replacement Program. In partnership with the San Bernardino Municipal Water Department (SBMWD), this program will replace a large proportion of the service connectors, the pipe the leads from the water main to the meter at the edge of a property, that were installed during a time when fittings may have contained a small amount of lead. These pipes are mandated by the State Water Resources Board to be replaced and SBMWD plans to replace them over the next six years. By using Rescue Plan funds, the City will replace a large proportion of the connectors in two areas with a high number of them. Additionally, because replacing these connectors will require that the streets be torn up, the City will rehabilitate the streets in the San Anselmo neighborhood at the same time, an allowed use of funds because the underlying project is not only related to water infrastructure but has a direct link to improving public health. Council gave a preliminary go ahead to the use of ARP funds for this program in August. 2021/22 Investment: $5,160,000 Staff next steps: SBMWD will begin work to replace the connectors and rehabilitation of the streets will immediately follow. Anticipated Council Update: As work is completed, staff will bring updates. 7 Packet Pg. 47 8604 Page 4 Programs in development 1) Small Business and Non-Profit Assistance. Council provided direction on August 4 for staff to research the allowability of assistance to small businesses and non -profits in the community. Relief to businesses and non-profits that suffered economic impacts due to the pandemic is an eligible use of the funds. (American Rescue Plan Act, Sections 602(c)(1)(A) and 603(c)(1)(A)) According to the guidance, “eligible uses under this category must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from or exacerbated by the COVID-19 public health emergency.” (Coronavirus State and Local Fiscal Recovery Funds, Department of the Treasury, Interim Final Rule, May 17, 2021) Many local businesses struggled to stay afloat during the pandemic, and many are still struggling. Relief may be structured as grants or loans but must take a number of factors into consideration: For assistance to small businesses, the Interim Final Rule states that assistance may be provided to small businesses, including loans, grants, in-kind assistance, technical assistance or other services, to respond to the negative economic impacts of the COVID-19 public health emergency. In providing assistance to small businesses, recipients must design a program that responds to the negative economic impacts of the COVID -19 public health emergency, including by identifying how the program addresses the identified need or impact faced by small businesses. This can include assistance to adopt safer operating procedures, weather periods of closure, or mitigate financial hardship resulting from the COVID-19 public health emergency. . . . Assistance may be targeted to businesses facing financial insecurity, with substantial declines in gross receipts . . . or facing other economic harm due to the pandemic, as well as businesses with less capacity to weather financial hardship, such as the smallest businesses, those with less access to credit, or tho se serving disadvantaged communities. (State and Local Fiscal Recovery Funds, Frequently Asked Questions, US Dept. of the Treasury, 2021) For a successful small business and/or non -profit assistance program, the City will have to develop the parameters for the program, including how much total funding should be dedicated, minimum and maximum grant amounts, the types of grants the City will fund, whether operating grants to aid businesses with day-to-day expenses like rent and utilities that may have fallen behind during the pandemic, or capital grants to improve facilities and help businesses and non-profits with long-term financial resilience. Eligibility requirements will have to be developed as well, some of which are specified by the guidance, but others are left to the City to set. With Council’s input on total funds dedicated to the program and preliminary 7 Packet Pg. 48 8604 Page 5 minimum and maximum grant amounts; staff will be ready to begin the process of designing the Business and Non-Profit Assistance Program to bring back to Council for final approval. 2) Public Outdoor Recreation Spaces. As discussed on August 4, using Rescue Plan funds for the capital improvement of parks that are located in Qualified Census Tracts (QCTs) is an allowable expenditure. Staff had identif ied $21,750,000 in potential parks projects, and Council reached consensus that an additional $9,000,000 should be “reserved” for Seccombe Lake Park in the event that the City is unsuccessful in securing a grant through the State for that amount to rehabil itate the park. The redevelopment of Nicholson Park in the 6th Ward was included in the list of potential investments. Nicholson Park has been neglected for years and needs to be completely rebuilt in order to adequately serve the community. While Nicholson Park is not located in a QCT, it is adjacent to one, and has previously been deemed eligible for HUD funding because of the population that it serves. Staff has submitted a request to the Treasury Department for a determination of eligibility for Nicholson Park; however, the Treasury Department has yet to respond. Staff is reasonably certain that Nicholson Park will be eligible for Rescue Plan funding, particularly given the recent focus from the Treasury department on equity and addressing long - standing socio-economic and racial inequities in communities. Below is the list of potential parks spaces presented to Council on August 4. Note that the kitchen renovation at the 5th Street Senior Center is allowed as an expenditure for a nutrition program. (State and Local Fiscal Recovery Funds, Frequently Asked Questions, US Dept. of the Treasury, 2021) Seccombe Lake Park has been added. Location Project Cost Ward Census Tract Delmann Heights Park Park Redevelopment $10,000,000 6 41.03 Nicholson Park Park Redevelopment 6,000,000 6 44.01 Encanto Park Baseball/Softball Fld. Refurbish. (2) 400,000 6 47.00 Seccombe Lake Park Fencing 1,000,000 1 58.00 Roosevelt Bowl Renovation 600,000 2 63.01 Speicher Park Lighting 250,000 7 74.08 Fiscalini Field Baseball Infield Refurbishment 200,000 2 63.01 Lytle Creek Park- South Playground Equipment 150,000 3 49.00 Manuel Moreno Park Playground Equipment 150,000 1 58.00 Nuñez Park Playground Equipment 150,000 1 49.00 Nuñez Park Restroom Renovation 500,000 1 49.00 Speicher Park Restroom Renovation 500,000 7 74.08 Perris Hill Park Restroom Renovation (2) 1,000,000 2 63.01 5th St. Senior Center Kitchen Renovation, Phase 2 250,000 1 57.01 Jerry Lewis Family Swim Ctr. Renovation 600,000 2 63.01 Seccombe Lake Park Park Redevelopment 9,000,000 1 58.00 7 Packet Pg. 49 8604 Page 6 TOTAL $30,750,000 Some of these projects are ready to proceed with a Council allocation of Rescue Plan funding, including Delmann Heights Park, for which there is a conceptual design, created after three community meetin gs; and the Jerry Lewis Family Swim Center renovation. Council may choose to allocate funding to any of the above park projects at this Council meeting. 3) Building Capacity to House and Provide Services to San Bernardino’s Unsheltered. Providing supportive services for the houseless population is a specifically allowed category of expenditure for Rescue Plan funds. While the City is not an agency that provides services, working to ensure that the City’s most vulnerable residents are able to access the shelter and services that they need should nevertheless be a priority. The City is in the process of hiring a Deputy Director of Housing and Homelessness, a position which should enable the City to partner more effectively with the County and local non-profit organizations to provide critically needed shelter and services. 4) Other Community Investments. On August 4, investment in improvements to the California Theatre and the San Manuel 66ers Stadium was discussed. Because the Treasury Department has not yet issued a final rule on the use of Rescue Plan funds, the eligibility of these facilities remains in question. 5) Storm Drain Infrastructure. Storm drain improvements are eligible under the interim rule; however, given the priorities of Council and the community, staff recommends that Council place investment in this category on hold pending additional guidance and the final rule for use of the Rescue Plan funds. 2020-2025 Key Strategic Targets and Goals The use of the American Rescue Plan Funds as outline d aligns with Key Target No. 3. Improved Quality of Life by investing in projects and services that positively impact health, access to shelter and services, and improve the outdoor and built environment in the San Bernardino community. Fiscal Impact There is no General Fund fiscal impact associated with this report or the use of the American Rescue Plan funds. The City received $38.5 million in May 2021 and anticipates receiving an additional $38.5 million in 2022 for a total of $77 million in American Rescue Plan Act funds. The budget amendment as follows will be allocated from the American Rescue Plan funds: 1) $1,000,000 for the Violence Intervention Program 2) $1,000,000 for the Graffiti, Clean-up, and Paint Brush Program 7 Packet Pg. 50 8604 Page 7 3) $5,160,000 for the SBMWD Lead Service Connector Abatement Program TOTAL: $7,160,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-247 authorizing the City Manager to amend the Fiscal Year 2021/22 Operating and Capital Budget by $7,160,000 to fund the Violence Intervention Program, the Graffiti Abatement, Clean -up, and Paintbrush Program, and the Lead Connector Replacement Program through American Rescue Plan funds; and review, discuss and provide feedback on further investment of the American Rescue Plan funds. Attachments Attachment 1 Resolution No. 2021-247 Attachment 2 Presentation Ward: All Synopsis of Previous Council Actions: August 4, 2021 Mayor and City Council received a report and discussed the allocation of American Rescue Plan funds. 7 Packet Pg. 51 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2021/22 OPERATING AND CAPITAL BUDGET BY $7,160,000 TO FUND THE VIOLENCE INTERVENTION PROGRAM; THE GRAFFITI ABATEMENT, CLEAN-UP, AND PAINTBRUSH PROGRAM; AND THE LEAD CONNECTOR REPLACEMENT PROGRAM THROUGH AMERICAN RESCUE PLAN FUNDS WHEREAS, the City of San Bernardino has been granted $77 million in American Rescue Plan Act funds; and WHEREAS, the has received $38.5 million and anticipates receiving the remaining $38.5 million in mid-2022; and WHEREAS, the Violence Intervention Program, the Graffiti, Clean-up and Paintbrush Program, and the Lead Service Connector Replacement Program all fall within the eligibility requirements of the Interim Final Rule of the American Rescue Plan 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. Mayor and City Council hereby authorize the City Manager to amend the Fiscal Year 2021/22 Operating and Capital Budget by $7,160,000 of American Rescue Plan Act funds for the Violence Intervention Program, the Graffiti, Clean-up and Paintbrush Program, and the Lead Service Connector Replacement Program in the amounts of $1,000,000, $1,000,000, and $5,160,000, respectively. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 7.a Packet Pg. 52 Attachment: Attachment 1- Resolution 2021-247 American Rescue Plan Update and Budget Amendment (8604 : American Rescue Plan Update Resolution No. 2021- Resolution 2021- Page 2 of 3 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 7.a Packet Pg. 53 Attachment: Attachment 1- Resolution 2021-247 American Rescue Plan Update and Budget Amendment (8604 : American Rescue Plan Update Resolution No. 2021- Resolution 2021- Page 3 of 3 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. 54 Attachment: Attachment 1- Resolution 2021-247 American Rescue Plan Update and Budget Amendment (8604 : American Rescue Plan Update American Rescue Plan Discussion and Planning, Take 2 Barbara Whitehorn, Finance Director October 20, 2021 7.b Packet Pg. 55 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Take 2 •Quick Review •Allocation and Restrictions •Presentation and Input from August 4 •New Information •Decision-Making for FY 2021/22 •Discussion •Next Steps 2 Presentation Overview 7.b Packet Pg. 56 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Take 2 3 •San Bernardino’s Allocation: $77 Million •Limitations on Spending •Opportunities in Qualified Census Tracts (QCTs) •Final Rule Still Pending •All funds must be obligated by Dec. 31, 2024 and spent by Dec. 31, 2026 Revie w 7.b Packet Pg. 57 Attachment: Council ARP Planning 10.20.2021 (8604 : Review: August 4 Planning Meeting Category Violence Intervention Programs Unhoused Capacity Building Built Environment (graffiti/clean-up)Storm Drainage Infrastructure Water Infrastructure Public Outdoor Recreation Spaces Small Business and Not-for-Profit Assistance 4 Potential Areas of Investment 7.b Packet Pg. 58 Attachment: Council ARP Planning 10.20.2021 (8604 : New Information and Focus •The pandemic exposed and exacerbated inequities •New guidance encourages high impact investments in communities •Could this goal proposal unintentionally burden traditionally underserved or disadvantaged communities? •How will this goal proposal benefit traditionally underserved or disadvantaged communities? (Questions from #BuildBackStrongerCO) 5 Equity Focus 7.b Packet Pg. 59 Attachment: Council ARP Planning 10.20.2021 (8604 : PROGRAM INVESTMENTS FY 2021/22 Decision-Making: 6 7.b Packet Pg. 60 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Decision Making Violence Intervention Program •Council funding commitment for FY 2021/22 on October 6, 2021 •Next Steps: •ARP Act requires a competitive Request for Proposal process •Performance measures, metrics and reporting •Evaluate Potential Long-Term Revenue Streams $1,000,000 Budget Amendment for $1 million for FY 2021/22 7 7.b Packet Pg. 61 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Decision Making Built Environment •Improvements to Façades •Graffiti Abatement •Clean-up and Painting •Revisit after 6 months of operations $1,000,000 Budget Amendment of $1 million for FY 2021/22 8 7.b Packet Pg. 62 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Decision Making 9 Water Infrastructure •Replace Lead Service Connectors •Line from water main to meter •409 connections •Including San Anselmo Neighborhood in the City •Rehabilitate Streets as Connector Work is Completed $5,160,000 Budget Amendment of $5,160,000 for FY 2021/22 7.b Packet Pg. 63 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Decision Making •Violence Intervention Program:$1,000,000 •Graffiti, Clean-up, Paintbrush Prgm :$1,000,000 •Lead Connector Replacement Prgm :$5,160,000 TOTAL $7,160,000 10 FY 2021/22: Budget Amendment 7.b Packet Pg. 64 Attachment: Council ARP Planning 10.20.2021 (8604 : HIGH IMPACT INVESTMENTS IN THE COMMUNITY Discussion: 11 7.b Packet Pg. 65 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Discussion and Planning 12 Small Business and Non-Profit Assistance Program •Grants or Loans (Recommend Grants) •Operating •Rent, Mortgage, Utilities •Capital •Facility/Systems Improvements •Eligibility and Parameters Amount TBD; Parameters TBD 7.b Packet Pg. 66 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Discussion and Planning 13 Unsheltered Resident Services •Increasing Capacity •Building or Retrofitting a Facility •Increase capacity in the community for sheltering/serving unsheltered residents •Partner with a service provider •One-time investment Amount TBD; Partner(s) TBD 7.b Packet Pg. 67 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Discussion and Planning 14 Public Outdoor Recreation Spaces •Allowed in QCTs •Improvements to Parks, Playgrounds, Pools, and Fields •Can address long-term inequity of investment in neighborhood parks Amount TBD 7.b Packet Pg. 68 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Discussion and Planning 15 Storm Drain Infrastructure •Study, Design and Construction •Recommend “hold” on any projects with ARP funds pending Final Rule •Give equity and high impact investments in the community funding priority “Hold” 7.b Packet Pg. 69 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Discussion and Planning Next Steps –Staff •Get started on investments approved tonight •Evaluate and cost any Council recommendations 16 Next Steps –Council and Committees •Measure S Committee - Community Input (10/25) •Q1 Report and Measure S Report to Council (Nov 17) 7.b Packet Pg. 70 Attachment: Council ARP Planning 10.20.2021 (8604 : Rescue Plan Funds –Informational 17 Qualified Census Tracts in the City of San Bernardino (green highlighted areas) Wards outlined in blue 7.b Packet Pg. 71 Attachment: Council ARP Planning 10.20.2021 (8604 : Page 1 Discussion City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Charter Review Process Recommendation (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss the Charter Review Committee’s recommendation to have the Committee review all proposals to amend the City Charter in advance of consideration by the Mayor and City Council. Background San Bernardino is a "charter" city. A charter city's power comes from the State Constitution which grants it “home rule” authority over municipal affairs, subject only to the limitations of the city’s charter, the State Constitution, and preemptive State law that addresses a matter of “statewide concern”. As a result, charter cities have more legal and operational latitude. The City Charter serves as the City's "constitution" and may only be amended by a majority vote of the people. On March 17, 2014, Resolution No. 2014-59 was adopted by the Mayor and City Council authorizing the formation of a Volunteer Citizen-Based Charter Committee. The intention of the committee's formation was to find the best public polices and make recommendations to the Mayor and City Council. As of the resolutions adoptive date on March 17, 2014, the San Bernardino City Charter had not been reformed since 2006. Following its creation, the Charter Review Committee worked on public policy recommendations for over two years before delivering a final report to the Mayor and City Council on May 16, 2016. On August 4, 2016, the Mayor and City Council, with a 6 to 1 vote, approved a resolution to proceed with holding a special municipal election on a new proposed city charter. The special municipal election was consolidated with the November 8, 2016, statewide general election conducted by the County of San Bernardino. The measure was labeled as “Measure L” with a “yes” vote being in favor of adopti ng a new city charter, and a “no” vote being against adopting a new city charter. By a result of 60% to 40%, residents of the City of San Bernardino voted to adopt a new city charter on November 8, 2016. The new city charter included numerous changes with one of the most significant being a council-manager form of government. 8 Packet Pg. 72 8596 Page 2 On December 20, 2017, the Volunteer Citizen -Based Charter Committee was transitioned to the Charter Review Committee by repealing Resolution No. 2014 -59 and adopting Resolution No. 2017-243. The Committee was tasked with completing “a periodic review of the charter to identify potential amendments that enhance clarity, efficiency and the principles of the council-manager form of government.” On April 7, 2021, the City Council requeste d that staff prepare an overview of the process required to amend the city charter including the possibility of eliminating the full- time office of the Mayor. During the May 19, 2021, Mayor and City Council meeting, staff presented a report on the process required to amend the city’s charter. After discussion on the item, the City Council voted on a motion requesting staff draft an amendment for Council consideration to be placed on the June 7, 2022, ballot. The proposed amendment to the city’s charter would eliminate the position of a full-time elected at large Mayor and come up with a process to elect a rotating Mayor. Discussion At the June 1, 2021, Charter Review Committee meeting, committee members received a report on the process required to amend the city’s charter. The Committee was further informed of the Council’s adopted motion on May 19, 2021, requesting staff draft an amendment for consideration of placement on the June 7, 2022, ballot. After discussion on the topic, the Committee requested staff prepare a recommendation to forward to the Mayor and City Council that calls for all proposed amendments to the city’s charter to first be presented to the Committee for review and input prior to being presented to the City Council for consideration and possible adoption. As requested, the following recommendation was prepared for review and consideration by the Charter Review Committee during their September 9, 2021, Charter Review Committee meeting. The Committee voted unanimously to forward the reco mmendation to the City Council. Charter Amendment Process Recommendation to the City Council: The Charter Review Committee recommends that all proposed city charter amendments be presented to the Committee for review and input prior to consideration by the Mayor and City Council. 2020-2025 Key Strategic Targets and Goals The receipt of a Charter Review Committee recommendation aligns with Key Target No. 2. Focused, Aligned Leadership. Fiscal Impact There is no financial impact associated with the recei pt of a Charter Review Committee recommendation. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, 8 Packet Pg. 73 8596 Page 3 California, discuss the Charter Review Committee’s recommendation to have the Committee review all proposals to amend the City Charter in advance of consideration by the Mayor and City Council. Attachments Attachment 1 City Charter Attachment 2 Resolution No. 2014-59 - Establishment of the Volunteer Citizen-Based Charter Review Committee Attachment 3 Resolution No. 2017-243 - Transitioning the Volunteer Citizen- Based Charter Committee to the Charter Review Committee for Periodic Review of the Charter Attachment 4 May 19, 2021, Minute Certification Ward: All Synopsis of Previous Council Actions: March 17, 2014 The Mayor and City Council adopted Resolution No. 2014-59 authorizing the formation of a Volunteer Citizen -Based Charter Committee. December 20, 2017 The Mayor and City Council adopted Resolution No. 2017- 243, transitioning the Volunteer Citizen-Based Charter Committee to the Charter Review Committee for the periodic review of the city charter. On April 7, 2021 The Mayor and City Council requested that staff prepare an overview of the process required to amend the city charter including the possibility of transitioning a full-time to a part- time Mayor. On May 19, 2021 The Mayor and City Council received a report on the process required to make an amendment to the City’s Charter. After discussion, the City Council voted on a motion reque sting staff draft an amendment for Council consideration to be placed on the June 7, 2022, ballot. The proposed amendment to the city’s charter would eliminate the position of a full-time elected at large Mayor and come up with a process to elect a rotating Mayor. 8 Packet Pg. 74 City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 8.a Packet Pg. 75 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries ....................................................................................... 1 Section 101. Powers of the City ............................................................................................. 1 Section 102. Interpretation of Powers .................................................................................... 1 Section 103. Rights and Succession ...................................................................................... 1 Section 104. Intergovernmental Relations .............................................................................. 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government ......................................................................................... 2 ARTICLE III: CITY COUNCIL AND MAYOR 2 Section 300. General Powers and Duties ............................................................................... 2 Section 301. Composition, Eligibility, and Terms .................................................................... 2 Section 302. Powers and Duties of the Council ...................................................................... 3 Section 303. Powers and Duties of the Mayor ........................................................................ 3 Section 304. Manners of Action ............................................................................................. 4 Section 305. Compensation; Expenses .................................................................................. 4 Section 306. Prohibitions ....................................................................................................... 4 Section 307. Vacancies; Filling of Vacancies ......................................................................... 5 Section 308. Judge of Qualifications ...................................................................................... 5 Section 309. Council Organization, Meetings and Rules of Order ........................................... 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5 Section 401. Powers and Duties ............................................................................................ 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions ............................................................................................ 7 Section 502. Direction by City Manager ................................................................................. 7 Section 503. Continuation of Departments ............................................................................. 7 8.a Packet Pg. 76 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 2 Section 504. City Attorney ...................................................................................................... 7 Section 505. City Clerk .......................................................................................................... 7 Section 506. Departmental Administrators; Appointive Powers .............................................. 8 Section 507. Services ............................................................................................................ 8 Section 508. Personnel System ............................................................................................. 8 Section 509. Official Bonds. ................................................................................................... 8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions ............................................................................................ 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules .......................... 9 Section 602. Library ............................................................................................................... 9 Section 603. Water and Wastewater ...................................................................................... 9 Section 604. Personnel Commission .....................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year .......................................................................................................10 Section 701. Submission of Budget and Budget Message .....................................................10 Section 702. Budget and Capital Improvement Program .......................................................10 Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11 Section 704. Independent Audit ............................................................................................11 Article VIII: ELECTIONS 11 Section 800. City Elections ...................................................................................................11 Section 801. Elective Officers; Terms....................................................................................11 Section 802. Number of Wards .............................................................................................12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall .........................................................12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments .....................................................................................12 Section 1001. Periodic Review of Charter .............................................................................12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability .....................................................................................................12 8.a Packet Pg. 77 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 8.a Packet Pg. 78 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 8.a Packet Pg. 79 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 3 Section 302. Powers and Duties of the Council The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member. Section 303. Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and 8.a Packet Pg. 80 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 4 (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely 8.a Packet Pg. 81 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 5 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 8.a Packet Pg. 82 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 6 establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 8.a Packet Pg. 83 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 7 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 8.a Packet Pg. 84 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 8 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 8.a Packet Pg. 85 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page 9 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 8.a Packet Pg. 86 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan 8.a Packet Pg. 87 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Section 800. City Elections Article VIII: ELECTIONS Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward 8.a Packet Pg. 88 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) San Bernardino Charter Page by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Section 1100. Severability ARTICLE XI: SEVERABILITY If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. 8.a Packet Pg. 89 Attachment: Attachment 1 - City Charter (8596 : Charter Review Process Recommendation (All Wards)) 1 RESOLUTION NO. 2014-59 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 3 SAN BERNARDINO AUTHORIZING THE FORMATION OF A VOLUNTEER 4 CITIZEN-BASED CHARTER COMMITTEE AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A 5 CONSULTANT SPECIALIZING IN CHARTER REFORM 6 7 WHEREAS, the City of San Bernardino is a Charter City and its governing document 8 is known heretofore as the Annotated Charter of the City of San Bernardino, State of 9 California(hereafter City Charter); and 10 WHEREAS, the last major reform of the City Charter became effective on the 6th of 11 March 2006; and 12 WHEREAS, our residents and business community are the primary purpose of our 13 14 being as a city government, we, as a civic minded elected body must assess the City Charter, 15 which may require reform to better align with the priorities of our community; and 16 WHEREAS, the Mayor and Common Council, at the request of the Mayor, believes 17 that reform of this City's governing document should be accomplished by the suggestion and 18 will of the people of San Bernardino. 19 20 WHEREAS, the intention of establishing this committee is for the committee to find 21 the best public policy and make recommendations to the Mayor and Common Council. 22 NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Common Council of 23 the City of San Bernardino the following: 24 SECTION 1. That a volunteer Committee representative of the City of San 25 26 Bernardino be immediately established in the following manner: 27 A. The Committee shall consist of: 28 Revised with Changes made via interlineation on 3/17/14 8.b Packet Pg. 90 Attachment: Attachment 2 - Resolution No. 2014-059 (8596 : Charter Review Process Recommendation (All Wards)) 2014-59 1 1. One member of the Business Community appointed by the Mayor. 2 Business Community shall, for the purposes of this resolution, be defined 3 as an owner or executive of a business located within the boundaries of the 4 City who is a registered voter and resident of the City. 5 2. One resident appointed by the Mayor. Resident shall, for the purposes of 6 7 this resolution, be defined as a person who is a registered voter and whose 8 primary place of residence is located within the boundaries of the City. 9 3. Each member of the Common Council shall appoint one registered voter 10 who is a resident from their respective Ward. 11 B. Once the Committee is formed, the members shall elect one of its members to 12 act as Chairman of the committee. 13 14 C. The Committee shall be advised by a recognized specialist in the area of City 15 Charters and the Reformation process as designated and hired, on a consulting 16 basis, in an amount not to exceed $30,000 unless a higher amount is authorized 17 by Council. 18 D. The Committee shall provide recommendations on the revisions to the City 19 20 Charter by a majority vote of its membership. 21 E. The Committee shall report its initial findings to the Mayor and Common 22 Council and provide such recommendations on or before May 19, 2014. 23 F. The City Attorney, or his designee, shall act in an advisory role to the 24 committee. 25 26 G. The Committee shall meet at designated times to allow for participation by its 27 members and the public. The City Clerk shall publicly notice such meetings. 28 Every effort shall be made to publicly notice the community in accordance Revised with Changes made via interlineation on 3/17/14 8.b Packet Pg. 91 Attachment: Attachment 2 - Resolution No. 2014-059 (8596 : Charter Review Process Recommendation (All Wards)) 2014-59 1 with the Brown Act, including, but not limited to: agenda, meeting times and 2 place, along with follow up summaries made available to the general public 3 through available technologies (i.e., online/web). Meetings and official 4 proceedings of this Committee shall be in the EDA Board Room, which is a 5 setting conducive to the public's participation and televised to better inform the 6 7 general public. 8 H. Notice of all meetings shall be given to each of the City's employee unions. 9 I. The Committee shall commence on March 31, 2014. 10 J. The Committee is directed to review all provisions of the Charter and to 11 consider the ramifications to the City and its residents for deletion and/or 12 modification of any provision. 13 14 K. The Committee is directed to consider any and all possibilities for reform, 15 including elimination of provisions. 16 L. The Committee is directed to find the best public policy and make initial 17 recommendations to the Mayor and Common Council. 18 SECTION 2. The Mayor and Common Council shall review the recommendations 19 20 provided by this Committee and may draft an amendment(s) to the Charter and may put 21 forward an additional Resolution seeking public input, debate and approval of the reforms to 22 the City's Charter for placement on the next ballot. 23 SECTION 3. The City Manager is hereby directed to initiate a Request for 24 Qualification (RFQ) to fulfill the obligations of Section 1(C) of this Resolution and to bring 25 26 back his recommendation on whom to hire as a consultant on March 17, 2014. 27 28 Revised with Changes made via interlineation on 3/17/14 8.b Packet Pg. 92 Attachment: Attachment 2 - Resolution No. 2014-059 (8596 : Charter Review Process Recommendation (All Wards)) 2014-59 1 SECTION 4. The Director of Administrative Services is hereby directed to allocate 2 $30,000 in the FY 2013/14 Budget for Consultant services specializing in Charter Reform 3 from the general fund cash balance. 4 /1/ 5 6 7 /// 8 /// 9 /1/ 10 /// 11 /// 12 13 14 /// 15 /// 16 /// 17 /// 18 19 20 /// 21 /// 22 /// 23 /// 24 25 26 /// 27 /// 28 /// Revised with Changes made via interlineation on 3/17/14 8.b Packet Pg. 93 Attachment: Attachment 2 - Resolution No. 2014-059 (8596 : Charter Review Process Recommendation (All Wards)) 2014-59 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE FORMATION OF A VOLUNTEER 2 CITIZEN-BASED CHARTER COMMITTEE AND DIRECTING THE CITY MANAGER TO INITIATE A REQUEST FOR QUALIFICATIONS FOR A 3 CONSULTANT SPECIALIZING IN CHARTER REFORM 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a joint regular meeting 7 thereof, held on the 17th day of March , 2014, by the following vote, to wit: 8 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 BARRIOS x 12 VALDIVIA x 13 SHORETT x 14 is NICKEL x 16 JOHNSON x 17 MULVIHILL x 18 20 Georg,,e a/// Hanna, rty Clerk 21 The foregoing Resolution is hereby approved this 7r day of March , 2014. 22 23 24 R. Carey Da s, Mayor City of San :ernardino 25 Approved as to form: Gary D. Saenz, City Attorney 26 27 28 Revised with Changes made via interlineation on 3/17/14 8.b Packet Pg. 94 Attachment: Attachment 2 - Resolution No. 2014-059 (8596 : Charter Review Process Recommendation (All Wards)) 1 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-243 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO TRANSITIONING THE VOLUNTEER CITIZEN -BASED CHARTER COMMITTEE TO THE CHARTER REVIEW COMMITTEE FOR PERIODIC REVIEW OF THE CHARTER WHEREAS, the Volunteer Citizen -Based Charter Committee was established by Resolution No. 2014-59 on March 17, 2014; and WHEREAS, a new Charter was adopted by the voters on November 8, 2016; and WHEREAS, the new Charter was filed with the Secretary of State and became effective on January 31, 2017; and WHEREAS, at the November 3, 2017 Strategic Planning Meeting, the Mayor and City Council discussed the charter implementation process and status and determined this group may be able to assist with this effort while also performing the periodic review contemplated in the Charter; and WHEREAS, Section 1001 of the Charter requires that the Council establish a process by December 2017 to ensure the periodic review of the Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Volunteer Citizen -Based Charter Committee established by Resolution No. 2014-59 is hereby transitioned to the Charter Review Committee. SECTION 2. Resolution No. 2014-59 is hereby repealed. SECTION 3. The Charter Review Committee shall consist of: A. One member of the Business Community appointed by the Mayor. Business Community shall, for purposes of this Resolution, be defined as an owner or executive of a business located within the boundaries of the City who is a registered voter and resident of the City. 8.c Packet Pg. 95 Attachment: Attachment 3 - Resolution No. 2017-243 (8596 : Charter Review Process Recommendation (All Wards)) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. One resident appointed by the Mayor. Resident shall, for the purposes of this Resolution, be defined as a person who is a registered voter and whose primary place of residence is located within the boundaries of the City. C. Each member of the City Council shall appoint one registered voter who is a resident from their respective Ward. D, Once the Committee is formed, the members shall elect one of its members to act as Chairman of the Committee. SECTION 4. The Committee shall complete a periodic review of the Charter to identify potential amendments that enhance clarity, efficiency and the principles of the council-manager form of government. SECTION 5. The Committee shall meet at designated times to allow for participation by its members and the public. The City Clerk shall publicly notice such meetings. SECTION 6. The City Attorney, or his designee, shall act in an advisory role to the committee. SECTION 7. The current members of the Volunteer Citizen -Based Charter Committee established by Resolution 2014-59 shall serve as members of the Charter Review Committee until they are removed or replaced by their respective appointers. 8.c Packet Pg. 96 Attachment: Attachment 3 - Resolution No. 2017-243 (8596 : Charter Review Process Recommendation (All Wards)) 1 2 3 4 5 6 7 8' 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO TRANSITIONING THE VOLUNTEER CITIZEN -BASED CHARTER COMMITTEE TO THE CHARTER REVIEW COMMITTEE FOR PERIODIC REVIEW OF THE CHARTER I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20th day of December 2017, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT X(S) NICKEL X RICHARD X MULVIHILL X NAYS ABSTAIN ABSENT Georgeann H na, CMC, Ci . Clerk The foregoing Resolution is hereby approved this 20" day of December 201 J R. Carey Davi/1 Mayor City of San rnardino Approved as to form: Gary D. Saenz, City Attorney 8.c Packet Pg. 97 Attachment: Attachment 3 - Resolution No. 2017-243 (8596 : Charter Review Process Recommendation (All Wards)) City Council Action of May 19, 2021 Minute Certification May 19, 2021 Page 1 of 1 ACTION OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA Council Meeting Date: May 19, 2021 Council Members Present: Council Members Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander and Mayor Valdivia Council Members Absent: None. Agenda Item No. 7 7. City Charter Amendment Process Recommendation Review and consider options available to amend the City Charter and provide staff direction. RESULT: DIRECTED STAFF TO DRAFT THE LANGUAGE FOR A BALLOT MEASURE TO ELIMINATE THE POSITION OF THE FULL-TIME ELECTED AT-LARGE MAYOR TO BE PLACED AT THE JUNE 7th, 2021, PRIMARY ELECTION. TAKE THE NECESSARY ACTION TO ACCOMPLISH THE REQUEST THAT IF THE AMENDMENT PASSES IT TAKE EFFECT IMMEDIATELY AT THE END OF THE CURRENT MAYOR’S TERM. IN ADDITION, COME UP WITH A PROCESS TO ELECT A ROTATING MAYOR. MOVER: Fred Shorett, Ward 4 SECONDER: Ben Reynoso, Ward 5 AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin NOES: Figueroa and Alexander STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS. CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk of the City of San Bernardino, California, do hereby certify the foregoing to be the official action taken by the City Council at the above meeting. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 7th day of September 2021. Genoveva Rocha, City Clerk City of San Bernardino, California 8.d Packet Pg. 98 Attachment: Attachment 4 - Minute Certification 5.19.21 (8596 : Charter Review Process Recommendation (All Wards)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2021-245 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Background San Bernardino Municipal Code Section 5.04.076 enables unpaid taxes and penalties for business registration to become an assessment on the associated property if not collected after proper notification to the owner. Unregistered properties are identified through multiple sources, including a Home Owners Exemption listing received from the County of San Bernardino, newly opened water department accounts, closed rental property business registration accounts, code enforcement efforts, and citizen notification. These potentially unregistered accounts are contacted using the property’s mailing address provided by the County of San Bernardino and the Water Department. The properties listed in Exhibit A include newly identified rental properties and delinquent accounts that have provided no response to the City’s collection efforts. The Business Registration staff makes multiple attempts to contact property owners to gain compliance with the municipal code before a property is entered into the lien process. The initial letter informs the property owner that rental properties are considered a business and a registration certificate is required. This letter also informs the owner that if the property is not a rental to indicate the status of the property. If a response is not received, a second letter is sent advising the owner to comply with the registration requirement or contact the Business Registration office to discuss the status 9 Packet Pg. 99 8592 Page 2 of the property. If there is still no response after the second letter, a certified letter is sent indicating the same information. If there is no response to the certified lette r, a lien hearing notice is mailed with a Business Registration application to allow the owner to comply or close the account before proceeding into the lien process. If letters are returned because the owner's address is unknown, the City will continue the same process using the new address collected by the United States Post Service. If no forwarding address is provided by the USPS, the matter is dismissed. Exhibit A to the Resolution (attached) represents accounts that have not gained compliance as of October 6, 2021, when this report was submitted into the agenda process. Those accounts that were addressed between October 6, 2021 and October 20, 2021, will be removed from the list that is forwarded to the County; liens will not be placed on those properties. 2020-2025 Strategic Targets and Goals The approval of the placement of liens on the subject properties for unpaid Business Registration taxes and penalties aligns with Key Target No. 1: Financial Stability by implementing, maintaining, and updating a fiscal accountability plan. The program helps to insure greater compliance with the municipal code within the business community and will generate additional revenue through this enhanced compliance effort by Business Registration staff. Fiscal Impact The anticipated amount of revenue to be collected through the lien process is $91,336. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a public hearing to receive public comment on the matter; and 2. Adopt Resolution No. 2021-245 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and 3. Direct the Director of Finance to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing. Attachments Attachment 1 Business Registration Resolution 2021-245 Attachment 2 Business Registration Exhibit A Attachment 3 Proof of Publishing Ward: All February 3, 2021 Mayor and City Council adopted Resolution No. 2021-18, imposing 9 Packet Pg. 100 8592 Page 3 liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. October 7, 2020 Mayor and City Council adopted Resolution No. 2020-025, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. 9 Packet Pg. 101 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN PARCELS OF REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO FOR UNCOLLECTED BUSINESS REGISTRATION FEES WHEREAS, section 5.04.76 of the San Bernardino Municipal Code requires whenever appropriate fees and penalties cannot be collected after proper notification to the owner, the total uncollected fees and penalties shall become an assessment ; and WHEREAS, owners of properties listed in Exhibit “A” were issued a first notice, final notice, certified notice and a Lien Hearing notice of the rental property requirements for the City of San Bernardino; and WHEREAS, due notice was given to the person or persons having an interest in said property and pursuant to the notice dated October 7, 2021, a hearing was held by the Mayor and City Council to hear protests and to assess the fees imposed on said property. 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 matter having now come before the Mayor and City Council for confirmation of the imposition of the liens imposed, the fees set forth on Exhibit “A” are found to have been uncollectible after proper notification to the property/business owner pursuant to proceedings under Section 5.04.76 of the San Bernardino Municipal Code. SECTION 3. The statements of fees on file with the Finance Department are hereby confirmed and adopted as special assessment against the properties listed in Exhibit “A” hereto. SECTION 4. Director of Finance is directed to remove paid liens and those addressed prior to the meeting of October 20, 2021, from Exhibit “A” prior to forwarding the list to the County. SECTION 5. The Mayor and 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 9.a Packet Pg. 102 Attachment: Attachment 1: Resolution 2021-245 Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (8592 : Resolution No. 2021- Resolution 2021- Page 2 of 3 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 9.a Packet Pg. 103 Attachment: Attachment 1: Resolution 2021-245 Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (8592 : Resolution No. 2021- Resolution 2021- Page 3 of 3 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 9.a Packet Pg. 104 Attachment: Attachment 1: Resolution 2021-245 Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (8592 : Exhibit A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A B C D E F G H I J K L ORDERNO FIRST NAME ADDRESS 1 CITY ST POSTAL CODE ADDRESS2 ACCT#APN AMOUNT PRIORTOLIEN WARD 1 Go Dream Big 101 S Main St Phillips Ranch CA 91766-1629 1040 W 2nd St 77865 0139 272 26 510 360 1 2 Hector Lopez 1556 Union St San Bernardino CA 92411-2545 1037 W 5th St 73595 0138 201 31 402 252 1 3 Bertha Garcia/Robin & William Steele 149 W 6th St Apt 52 San Bernardino CA 92401-1243 149 W 6th St Apt 52 77875 0135 093 52 658 508 1 4 915 West 7th Street Trust PO Box 4163 Diamond Bar CA 91765-0163 915 W 7th St 67876 0138 072 05 450 300 1 5 Brian West 1997 N Euclid Ave Upland CA 91784-1626 1042 W 7th St 75868 0139 302 14 332 182 1 6 Xiao & Chao Mai 14127 Anada St Baldwin Park CA 91706-1510 932 W 8th St 73705 0139 262 10 354 204 1 7 Laidlaw Transit INC 600 Vine St Ste 600 Cincinnati OH 45202-2400 844 E 9th St 76362 0278 051 04 740 590 1 8 Jose Vargara 1145 Sunkist Ave La Puente CA 91746-1737 1037 W 9th St 948792 0139 252 13 366 216 1 9 Le-Nguyen Family Living Trust 3330 La Costa Way San Jose CA 95135-2363 113 S Alameda Ave 9676 0279 236 13 480 330 1 10 Brian Davila/Jessica Howard 6733 Ramblewood Ct Eastvale CA 92880-3965 271 N Allen St 77765 0135 251 39 510 360 1 11 Sergio Escalante 100 Las Lomas Dr La Habra CA 90631-7101 139 E Court St 77038 0135 181 65 378 228 1 12 Sariasar LLC 5044 Jade Ct Chino Hills CA 91709-4902 746 N E St 961340 0140 273 02 965 812 1 13 Juan Villa/Andrea Garcia 1094 Award Dr Colton CA 92324-2669 1430 W Kingmand St 51762 0138 181 38 480 330 1 14 Angel Uriostegui/Catia Vasquez 822 N L St San Bernardino CA 92411-2839 822 N L St 76536 0139 243 18 546 396 1 15 Est of Margaet Cuellar 935 N L St San Bernardino CA 92411-2840 935 N L St 60533 0139 191 27 1062 912 1 16 Le-Nguyen Family Living Trust 3330 La Costa Way San Jose CA 95135-2363 205 S Newport Ave 932828 0279 234 58 480 330 1 17 Javier Garcia/Inbanet Investments LLC 3442 Pine St Riverside CA 92501-2641 947 Spruce St 75976 0138 142 08 480 330 1 18 James Dowe Jr 1025 N Tippecanoe Ave Unit 106 San Bernardino CA 92410-4019 1025 N Tippecanoe Ave Unit 106 77899 0278 072 06 522 372 1 19 Rolando Anguiano Fr 1025 N Tippecanoe Ave Unit 251 San Bernardino CA 92410-4073 1025 N Tippecanoe Ave Unit 251 77889 0278 073 47 618 468 1 20 Est of Brown Trust 459 W 17th St San Bernardino CA 92405-4413 1496 Vine St 45625 0139 281 44 330 180 1 21 David Donovan PO Box 11368 San Bernardino CA 92423-1368 711 S Waterman Ave 22929 0280 021 07 570 420 1 22 Jude Markham 1900 W Redlands Blvd Unit 11969 San Bernardino CA 92403-9997 227 W 10th St 73914 0140 161 08 450 300 2 23 Anna & Tomasz Pawlowska 1251 E Yorba Linda Blvd Placentia CA 92870-3830 238 W 13th St 64780 0146 192 14 454 304 2 24 Benjamin & Melissa Holden 48779 SW Daisy St Port Orchard WA 98367-7347 356 W 13th St 59979 0145 213 07 480 330 2 25 Illianna Villalobos PO Box 2031 Bassett CA 91746-0031 253 W 14th St 76535 0146 162 04 510 360 2 26 Monica Doshi PO Box 4607 Orange CA 92863-4607 640 W 14th St 50596 0145 172 02 378 228 2 27 Raphael & Loron Robinson Fam Trust 15565 Pisa Ln Fontana CA 92336-4613 163 E 15th St 58902 0146 172 31 510 360 2 28 Joseph Hernandez 256 E 46th St San Bernardino CA 92404-1251 448 W 15th St 962250 0145 141 21 450 300 2 29 Mario & Humberto Ruelas 266 E 16th St San Bernardino CA 92404-5012 266 E 16th St 76447 0146 121 08 1014 864 2 30 Ma Criselda Espiritu Santo 1026 Cabana Ave La Puente CA 91744-1703 285 E 16th St 76057 0146 153 18 230 180 2 31 Hamid Golmohammadi 7108 Lindley Ave Reseda CA 91335-4614 208 W 17th St 966675 0146 101 01 342 192 2 32 Rivas Revocable Trust PO Box 2202 Orange CA 92859-0202 1248 W 25th St 74161 0148 142 07 450 300 2 9.b Packet Pg. 105 Attachment: Attachment 2: Exhibit A List of fees imposed (8592 : Imposing Liens on Parcels of Real Exhibit A 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 A B C D E F G H I J K L 33 Jennifer Crouch 5050 Palo Verde St Ste 217 Montclair CA 91763-2334 1065 N Arrowhead Ave 75107 0140 101 23 342 192 2 34 Lisa M Hodge Revocable Liv Tr 12405 Woodbriar Dr Moreno Valley CA 92555-1867 1291 Belle St 20799 0146 243 12 590 440 2 35 Chrishay Mccall 1541 Belle St Unit A San Bernardino CA 92404-5015 1541 Belle St 76013 0146 153 05 480 330 2 36 HVMJ LLC 12811 Silver Rose Ct Etiwanda CA 91739-8842 947 Colima Rd 75941 0149 012 02 858 708 2 37 Ellen Goodman/Michael Beal 9151 Atlanta Ave Unit 5404 Huntington Beach CA 92615-2416 1694 N D St 77855 0145 131 27 720 570 2 38 Hugo Escalera 25951 Marco Polo St Murrieta CA 92563-6417 1767 N E St 69955 0145 091 11 354 204 2 39 Rafique Ahmed 1034 Calle Carrillo San Dimas CA 91773-4321 1366 N F St 75389 0145 201 30 366 216 2 40 M&M Capital Properties LLC 2824 N Power Rd Ste 113-480 Mesa AZ 85215-1672 1388 N F St 77824 0145 201 27 480 330 2 41 Hoa My Tran 2126 E Casa Linda Dr West Covina CA 91791-3960 1574 Genevieve St 952398 0146 133 06 330 180 2 42 Refugio & Leticia Cruz 5571 Crestline Pl Etiwanda CA 91739-2132 407 E Gilbert St 65829 0147 091 35 870 720 2 43 David Lasky 2724 N H St San Bernardino CA 92405-3356 2724 N H St 77891 0149 094 37 990 840 2 44 Patricia Schulte 2375 E Tropicana Ave Ste A-190 Las Vegas NV 89119-6564 457 W Highland Ave 77857 0145 031 28 994 844 2 45 Khan Family Properties & Holdings LLC 4545 W Ramsey St Banning CA 92220-3309 931 W Highland Ave 77045 0144 041 45 644 494 2 46 Housing Partners I Inc 715 E Brier Dr San Bernardino CA 92408-2841 1405 N Lugo Ave 73467 0146 172 01 510 360 2 47 Irma & Alfonso Diaz PO Box 1334 Upland CA 91785-1334 2120 N Lugo Ave 51548 0146 021 24 990 840 2 48 Tiger Temple 12 LLC PO Box 4607 Orange CA 92863-4607 164 Magnolia Ave 41512 0146 133 33 510 360 2 49 Jasmine Contreras 1390 W 6th Ste 126 Corona CA 92882-3539 1141 N Mayfield Ave 77579 0140 064 18 696 546 2 50 Mitchel Gonzalez PO Box 15973 N Hollywood CA 91615-5973 913 N Mountain View Ave 907587 0140 162 23 600 450 2 51 Victor Licon/Cictor Rene Licon Revocable Tr 210 Carlton Ave Pasadena CA 91103-2921 780 W Olive St 947687 0140 023 19 330 180 2 52 Donald Zaw 2723 S Gaffey St Apt 6 San Pedro CA 90731-6543 1948 N Pershing Ave 70611 0146 042 09 388 238 2 53 Edgar Pantoja 9634 Lombardy Ave Fontana CA 92335-5939 1334 Sepulveda Ave 75117 0146 202 23 342 192 2 54 April Ortiz/Erandy Delgado/Christopher Pantoja 3097 Chablis Ave Jurupa Valley CA 92509-1055 1338 Sepulveda Ave 75116 0146 202 22 342 192 2 55 Juan Zarate 10331 Mills Ave Whittier CA 90604-2437 1456 Sepulveda Ave 77796 0146 172 19 606 456 2 56 Fabian Valasquez 11124 Excelsior Dr Apt 23 Norwalk CA 90650-5650 2115 N Sierra Way 75080 0146 021 03 330 180 2 57 1455 Waterman Lp 7221 Mariana Pacifica Dr North Key 1 Long Beach CA 90745-0000 1485 N Waterman Ave 63288 0147 091 12 378 228 2 58 Angela & Vernon Chin 1754 Everett Springs Rd NE Calhoun GA 30701-6951 2707 Annapolis Cir 75378 0141 501 14 366 216 3 59 Jessica Angel-Quintero/Antonio Quintero Jr 1584 N Euclid Ave Upland CA 91786-2303 799 Bunker Hill Dr 959580 0141 143 01 342 192 3 60 USA Auto Plaza LLC 28809 Harwick Dr Highland CA 92346-5080 1325 Camino Real 73828 0141 251 76 1878 1728 3 61 CCI Club SB LLC 2009 Porter Field Way Ste P Upland CA 91786-1106 269 E Caroline St 50239 0164 321 91 1181 1031 3 62 Jose De Jesus Montes Madrigal POBox 333 Loma Linda CA 92354-0333 1705 Davidson St 73438 0281 233 08 342 192 3 63 Meghan Baca/Nikkolle Peterson 35839 Anderson St Beaumont CA 92223-7408 1148 Esperanza St 77772 0141 042 25 480 330 3 64 Jennifer Arias 26433 Partridge Dr Canyon Cntry CA 91387-8101 1395 Gould St 76311 0281 141 03 1026 876 3 65 Maria Hernandez Living Trust 330 S Carmalita St Hemet CA 92543-5942 1377 W King St 76966 0138 284 25 342 192 3 9.b Packet Pg. 106 Attachment: Attachment 2: Exhibit A List of fees imposed (8592 : Imposing Liens on Parcels of Real Exhibit A 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 A B C D E F G H I J K L 66 EC & GL Yanit Family Trust 2019 S 2nd St Alhambra CA 91803-4002 1164 Lee St 57476 0281 151 70 342 192 3 67 John Vedin/John Vedin Jr 2100 Cahuilla St Colton CA 92324-4700 1446 Sycamore Ln 74397 0281 323 47 480 330 3 68 Blooming Land Inc 852 S Muirfield Rd Los Angeles CA 90005-3835 1366 Walnut St 77956 0137 103 11 546 396 3 69 MEM Investments INC 11105 Schmidt Rd El Monte CA 91733-2803 3432 20th St 77873 1191 314 14 1014 864 4 70 Oscar Patino 15140 Oakwood Ln Chino Hills CA 91709-2628 3491 20th St 72985 1191 312 24 378 228 4 71 Gregory Wooten 3528 21st St Highland CA 92346-4515 3528 21st St 77927 1191 301 21 378 228 4 72 Juan Ramirez PO Box 1115 Upland CA 91785-1115 298 W 39th St 67485 0271 052 03 330 180 4 73 Rebecca & Brent Novotchin 10882 Meads Orange CA 92869-1500 1216 W 45th St 60569 0265 351 17 366 216 4 74 Ghassan Felo 5195 Jasmine St San Bernardino CA 92407-2493 2173 Catalpa Ct 70429 0285 826 74 378 228 4 75 Monika Tyagi 250 N College Park Dr Apt D14 Upland CA 91786-9457 3865 Del Rosa Ave 77853 0155 261 29 1050 900 4 76 Vitaliy Tsymbalov 1144 N Orange Grove Ave Apt 6 West Hollywood CA 90046-5489 228 Edgerton Dr 932162 0271 081 01 690 540 4 77 Michael & Jamie Parker 2015 Manhattan Beach Blvd Ste 100 Redondo Beach CA 90278-1230 3690 El Camino Dr 77844 0155 073 12 480 330 4 78 Tabita & Mihai Chrita 817 Feather Peak Dr Corona CA 92882-6802 4018 Electric Ave 50645 0154 641 03 342 192 4 79 Yasmin Vazquez-Jarquin 7803 Eastern Ave Bell CA 92407-3713 4294 Electric Ave 76089 0271 031 79 378 228 4 80 Sangeun Eun Lee DDS INC 25441 Huron St Loma Linda CA 92354-3610 2600 E Highland Ave 73934 0285 742 16 330 180 4 81 4010 East Highland Avenue LLC 15001 S Figueroa St Gardena CA 90248-1721 4010 E Highland Ave 66872 1199 671 05 1330 1180 4 82 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5641 Carol Ave Rancho Cucamonga CA 91701-1807 4567 N Stoddard Ave 49990 0154 152 09 510 360 4 92 Hector & Alicia Perez 1583 Eucalyptus Dr Highland CA 92346-2813 2248 Val Mar Dr 76572 0285 701 08 342 192 4 93 Gerardo & Rosario Vivar 7890 Juniper Ave Fontana CA 92336-0502 855 W 30th St 9412 0151 144 16 342 192 5 94 Marc Cummings 130 The VLG Unit 106 Redondo Beach CA 90277-2570 742 W 36th St 40040 0151 173 05 510 360 5 95 Rafael Hurtado/Geraldine Gutierrez 1380 W 48th St Unit 37 San Bernardino CA 92407-5039 1380 W 48th St Unit 37 77867 0266 401 41 480 330 5 96 Marcos Zamora & Karina Zamora 382 N Lemon Ave Ste 192 Walnut CA 91789-2344 531 Acacia Way 77509 0152 012 58 878 728 5 97 Andrea Gutierrez/Maria Roman 6428 Cold Mountain Way San Bernardino CA 92407-5197 5362 Academy Ln 77698 0151 361 76 606 456 5 98 Svend & Leah Nilsen 9140 Carrari Ct Alta Loma CA 91737-1523 3648 N Arrowhead Ave 72635 0152 024 04 378 228 5 9.b Packet Pg. 107 Attachment: Attachment 2: Exhibit A List of fees imposed (8592 : Imposing Liens on Parcels of Real Exhibit A 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 A B C D E F G H I J K L 99 Michael Linz II 1400 W Edgehill Rd Apt 52 San Bernardino CA 92405-5137 1400 W Edgehill Rd Apt 52 77866 0148 371 54 510 360 5 100 Victor Aguilar 10651 Monte Vista St Alta Loma CA 91701-5354 1400 W Edgehill Rd 77869 0148 372 83 858 708 5 101 Oscar Patino 15140 Oakwood Ln Chino Hills CA 91709-2628 1440 W Edgehill Rd Apt 56 66042 0148 371 58 510 360 5 102 Rudy Limon 1480 W Edgehill Rd Apt 67 San Bernardino CA 92405-5123 1480 W Edgehill Rd Apt 67 77886 0148 361 67 510 360 5 103 Joe Warf 3104 N F St San Bernardino CA 92405-2723 3104 N F St 967810 0151 133 25 690 540 5 104 Nora Horna 119 Sinclair Ave Apt 3 Upland CA 91786-6230 1579 Fullerton Dr 77850 0266 371 30 810 660 5 105 Tony Hanhoun 6825 N Escena St San Bernardino CA 92407-5163 5173 Jasmine St 958879 0266 511 84 994 844 5 106 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Sheridan Rd 8741 0266 172 06 480 330 5 115 Maria & Jimmie Enciso 11817 Sahalee Ct Yucaipa CA 92399-3419 1604 Windsor St 41032 0266 242 14 330 180 5 116 Maria & Jimmie Enciso 11817 Sahalee Ct Yucaipa CA 92399-3419 1694 Windsor St 58287 0266 242 27 330 180 5 117 Steven Morse 1136 N Elmwood Ave Rialto CA 92376-3983 2431 W 7th St 75078 0142 312 02 798 648 6 118 Wing Kwok Cheng 25461 Flamingo Rd San Bernardino CA 92410-4149 1536 W 9th St 75459 0139 164 15 690 540 6 119 John & Raynard Wheeler 1545 W 11th St Unit B San Bernardino CA 92411-2133 1545 W 11th St 65735 0139 161 42 906 756 6 120 Librado Leon 3116 Del Rey Dr San Bernardino CA 92404-2552 1960 W 14th St 934706 0143 305 19 510 360 6 121 Esther Navarrete/Theresa Muniz/Rodrigo Romero 519 E Mckinley St Rialto CA 92376-6055 1206 W 16th St 77534 0144 112 07 1026 876 6 122 Ignacio Baez/Liliana Bautista 1561 W 20th St Highland CA 92346-3256 1561 W 20th St 932566 0143 033 29 354 204 6 123 Eden Loy 68142 Via Domingo Desert Hot Springs CA 92240-6460 1526 W 21st St 55925 0143 012 09 330 180 6 124 Tom & Jerry Hsiung LLC 20687 Amar Rd Ste 2-820 Walnut CA 91789-5044 1583 W Baseline St 77432 0139 051 26 786 636 6 125 Daljit Kler/Sukhwinder Singh 4900 Santa Anita Ave Ste 2 c El Monte CA 91731-1490 1995 W Evans St 67373 0143 295 08 1062 912 6 126 SCG/DP 5th Street LLC 1430 S Eastman Ave Commerce CA 90023-4006 2010 Foothill Blvd 77947 0269 291 11 2190 2040 6 127 Kae Johnson 2922 Valaria Dr Highland CA 92346-1726 1529 W Gilbert St 968438 0143 094 13 1074 924 6 128 Hamid Golmohammadi 7108 Lindley Ave Reseda CA 91335-4614 1592 Home Ave 67227 0143 133 23 342 192 6 129 Ka Kwun Hung 1538 S Towne Ave Phillips Ranch CA 91766-5359 1480 Magnolia Ave 966334 0143 122 24 366 216 6 130 Olga Jordan/Manuel Reyes PO Box 712123 Los Angeles CA 90071-7123 2504 Maple St 70799 0142 463 05 330 180 6 131 Boilermakers Local 92 Training Fund LLC 2260 S Riverside Ave Bloomington CA 92316-2930 4256 Mcarthur Blvd 76314 0266 363 05 1950 1800 6 9.b Packet Pg. 108 Attachment: Attachment 2: Exhibit A List of fees imposed (8592 : Imposing Liens on Parcels of Real Exhibit A 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 A B C D E F G H I J K L 132 Virgil Hughes 15864 Ninya Ave Moreno Valley CA 92551-4684 1163 Medical Center Dr 60300 0139 051 08 1098 948 6 133 Genesis & Jose Acosta 28955 Molson Ct Moreno Valley CA 92555-8246 535 N Mulberry Ave 920321 0142 502 22 354 204 6 134 Denise Sequeida-Flores 1750 Pavilion Dr Pomona CA 91768-2011 2314 N Pennsylvania Ave 77778 0268 481 05 990 840 6 135 Jimmy Martinez 6405 N Beechwood Ave San Bernardino CA 92407-4029 3032 N Pennsylvania Ave 959930 0268 132 21 366 216 6 136 Liliana Mediana 150 Calle Colorado San Dimas CA 91773-3994 2908 Poplar Cir 77773 0142 553 14 1014 864 6 137 Khurana Family LLC 2898 W Rialto Ave Rialto CA 92376-6704 2898 W Rialto Ave 77948 0142 051 12 480 330 6 138 Nancy Ann Dulaney Trust 7353 Ellena W Unit 147 Rancho Cucamonga CA 91730-8375 1585 Ridge Crest Ct 76548 0148 341 04 342 192 6 139 Nhieu Thu Ngo/Xuan Duong 25711 Hinckley St Loma Linda CA 92354-3927 4623 San Benito St 56357 0262 261 29 342 192 6 140 Eustolia Gutierruz 18608 Brown St Lake Mathews CA 92570-8152 1355 W Trenton St 67174 0143 082 36 366 216 6 141 Francisca & Jacqueline Couper 12425 Willet Ave Grand Terrace CA 92313-5625 1173 E 23rd St 77845 0155 183 04 546 396 7 142 Cuffee Whitney View Administration 15830 Rawhide Ln Riverside CA 92504-9521 3116 N Arrowhead Ave 72464 0152 173 09 480 330 7 143 Jazcie Harris 3186 Del Rosa Ave San Bernardino CA 92404-3204 3186 Del Rosa Ave 30036 0155 111 08 1086 936 7 144 Sudhir Doshi PO Box 4607 Orange CA 92863-4607 2420 Genevieve St 916721 0150 211 19 480 330 7 145 Alfonso Diaz PO Box 1334 Upland CA 91785-1334 2455 Genevieve St 69377 0150 221 46 342 192 7 146 Jose Acosta 28955 Molson Ct Moreno Valley CA 92555-8246 2617 Genevieve St 77790 0150 221 54 546 396 7 147 Chapter 88 LLC 121 S Mountain Ave Upland CA 91786-6257 2205 Lawrence Ave 76729 0150 323 06 930 780 7 148 Andrea Gaball 3020 Lawrence Ave San Bernardino CA 92404-2551 3020 Lawrence Ave 77827 0153 282 43 1002 852 7 149 Walter Valiente 2661 N Lugo Ave San Bernardino CA 92404-3646 2661 N Lugo Ave 8201 0150 241 63 618 468 7 150 103 & 133 Marshall Blvd LLC 767 N Hill St Ste 102 Los Angeles CA 90012-2363 133 E Marshall Blvd 75791 0153 112 21 354 204 7 151 2362 Newport Avenue Tr 20871 Starshine Rd Diamond Bar CA 90789-4018 2362 N Newport Ave 944522 0155 181 11 342 192 7 152 Ryan Chiaverini 19069 Van Buren Blvd #114/115 Riverside CA 92508-9169 3647 N Pershing Ave 76528 0152 034 21 754 604 7 153 Bhalala Living Trust PO Box 4607 Orange CA 92863-4607 1340 Rogers Ln 8472 1191 171 46 510 360 7 154 Tiger Temple 12 LLC PO Box 4607 Orange CA 92863-4607 2519 Roxbury Dr 50976 0150 342 21 342 192 7 155 George Ajrab 333 Linden Ave Apt 9 Long Beach CA 90802-2511 2169 Sunrise Ln 59555 1191 051 50 422 272 7 9.b Packet Pg. 109 Attachment: Attachment 2: Exhibit A List of fees imposed (8592 : Imposing Liens on Parcels of Real Type Description Amount DAILY JOURNAL CORPORATION LEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026 PHONE: (213) 229-5300 FAX (213) 229-5481 FEDERAL TAX ID:95-4133299 Date Customer Account Number Customer Payment Reference Special Project Order No Page 1 of 1 Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAU Ordered by: For payment processing, please forward to: DUE UPON RECEIPT. INVOICE B3519629 10/11/2021 03-027 1124119954 290 NORTH D ST. SAN BERNARDINO, CA 92401 USA 290 NORTH D ST. SAN BERNARDINO, CA 92401 USA DIANE GRANT CITY OF SAN BERNARDINO CITY CLERK ACCOUNTS PAYABLE CITY OF SAN BERNARDINO CITY CLERK 52.80 10/11/202189900 SAN BERNARDINO COUNTY SUN HRG NOTICE OF HEARING - NOTICE OF PUBLIC HEARING OCTOBER 13 2021InvoiceB3519629 52.80$ 2.20 * 24 AgateLines * 1 Ins * 1 Cols To pay online, go to adtech.dailyjournal.com/payment Invoice Date Government Advertising - Division 1124 Invoice Number Customer Number Amount Due DAILY JOURNAL CORPORATION ATTN: ACCOUNTS RECEIVABLE PO BOX 54026 LOS ANGELES, CA 90054-0026 52.80 Payment:0.00 Total: Please Pay: PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT. CALIFORNIA NEWSPAPER SERVICE BUREAU 52.80 52.80 1124119954B351962910/11/2021 SAN BERNARDINO, CA 92401 USA 290 NORTH D ST. CITY OF SAN BERNARDINO CITY CLERK ACCOUNTS PAYABLE Please make check payable to: Daily Journal Corporation !A000005848576!invoice with your payment. For account support, 2132295584.or call: anthony_gutierrez@dailyjournal.complease email: on your check. Also, please detach and return this portion of the To ensure proper credit please write your account number 1124119954 9.c Packet Pg. 110 Attachment: Proof of Publishing (8592 : Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards)) This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3519629 DIANE GRANT CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING - NOTICE OF PUBLIC HEARING OCTOBER 13 2021 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 10/11/2021 10/11/2021 SAN BERNARDINO !A000005848577! Email CITY OF SAN BERNARDINO - NOTICE OF PUBLIC HEARING IS HEREBY GIVEN to the general public that on Wednesday,October 20 2021at 7:00 PM the City of San Bernardino's City Council will conduct a Public Hearing at Feldheym Public Library,located at 555 W 6th St,San Bernardino,CA 92410 regarding Business Registration Liens.Information regarding accessing and participating will be provided on the City Council Agenda and published on the City of San Bernardino’s website. 10/11/21 SBS-3519629# 9.c Packet Pg. 111 Attachment: Proof of Publishing (8592 : Imposing Liens on Parcels of Real Property for Uncollected Business Registration Fees (All Wards)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Annexation No. 9 to Community Facilities District 2019-1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3 at 7:00 p.m. Background On September 1, 2021, the Mayor and City Council adopted Resolution No. 2021 -220, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for October 20, 2021, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Inte ntion, a boundary map was recorded on September 7, 2021, at 10:44 a.m. in Book 89 Page 84, Document No. 2021-0404143 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 20.30 gross acres of vacant industrial property within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019 -1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including street lights within public rights-of-way and traffic signals; 2. Maintenance of streets, including pavement management, and provide street sweeping; and 10 Packet Pg. 112 8575 Page 2 3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 10 and is located east of I-215, at the southeast intersection of Foisy Street and Central Avenue, as shown in Attachment #1. The maximum annual special tax for this development has bee n calculated to be $644 per acre for FY 2021/22. This tax rate includes a Maximum Special Tax A of $490 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $154 per acre per year. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price I ndex (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate a nd conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of th e election. In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted September 1, 2021. • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien. • Amend the Ordinance and order the levy and collection of special taxes in the District. Discussion The Resolution of Intention called for a public hearin g to be held on October 20, 2021 on the issue of the annexation of territory into CFD No. 2019 -1. Under the Mello-Roos Act, the City Council must hold the public hearing and consider any protests against the 10 Packet Pg. 113 8575 Page 3 formation of the CFD. If the owners of one hal f or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello -Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. At this time, staff is requesting the public hearing be continued to November 3, 2021 at 7:00 p.m. in order to provide staff time to finalize the resolutions and ordinances necessary to complete the annexation should no majority protest exist. All ballots received prior to the meeting shall be retained until the date of the continued public hearing. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact None associated with continuing the item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3, 2021 at 7:00 p.m. Attachments Attachment 1 Public Hearing Notices Ward: 3 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the 10 Packet Pg. 114 8575 Page 4 “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. September 1, 2021 Mayor and City Council adopted Resolution No. 2021 -220, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. 10 Packet Pg. 115 10.a Packet Pg. 116 Attachment: Attachment 1 - Public Hearing Notices [Revision 1] (8575 : Annexation No. 9 to Community Facilities District 2019-1 (Ward 3)) 10.a Packet Pg. 117 Attachment: Attachment 1 - Public Hearing Notices [Revision 1] (8575 : Annexation No. 9 to Community Facilities District 2019-1 (Ward 3)) Page 1 Public Hearing City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Annexation No. 10 to Community Facilities District 2019-1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3, 2021 at 7:00 p.m. Background On September 1, 2021, the Mayor and City Council adopted Resolution No. 2021 -220, a Resolution of Intention to annex territory into Community Facilities District No. 2019 -1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for October 20, 2021, on the proposed annexation of the said territory into the community facilities district. As required by the Resolutio n of Intention, a boundary map was recorded on September 7, 2021, at 10:44 a.m. in Book 89 Page 84, Document No. 2021-0404144 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder. The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 3.58 gross acres of vacant industrial property within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019 -1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including streetlights within public rights - of-way and traffic signals; and 2. Maintenance of streets, including pavement management, and provide street 11 Packet Pg. 118 8576 Page 2 sweeping; and 3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 11 and is located west of I-210, at the southeast intersection of West 5th Avenue and Lankershim Avenue, as shown in Attachment #1. The maximum annual special tax for this development has been calculated to be $1,472 per acre for FY 2021/22. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello- Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello - Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted September 1, 2021. • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien. • Amend the Ordinance and order the levy and collection of special taxes in the District. Discussion The Resolution of Intention called for a public hearing to be held on October 20, 2021 on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests a gainst the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the City Council may adopt the resolution establishing the CFD. 11 Packet Pg. 119 8576 Page 3 Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello -Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing . At this time, staff is requesting the public hearing be continued to November 3, 2021 at 7:00 p.m. in order to provide staff time to finalize the resolutions and ordinances necessary to complete the annexation should no majority protest exist. All ballots received prior to the meeting shall be retained until the date of the continued public hearing. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No . 1: Financial Stability and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact None associated with continuing the item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California open and then continue the public hearing until November 3 at 7:00 p.m. Attachments Attachment 1 Public Hearing Notices Ward: 3 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying 11 Packet Pg. 120 8576 Page 4 special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. September 1, 2021 Mayor and City Council adopted Resolution No. 2021 -220, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. 11 Packet Pg. 121 11.a Packet Pg. 122 Attachment: Attachment 1 - Public Hearing Notices (8576 : Annexation No. 10 to Community Facilities District 2019-1 (Ward 3)) 11.a Packet Pg. 123 Attachment: Attachment 1 - Public Hearing Notices (8576 : Annexation No. 10 to Community Facilities District 2019-1 (Ward 3)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Approval of the Mayor and City Council Meeting Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the May 20, 2020, Regular meeting of the Mayor and City Council. 12 Packet Pg. 124 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 JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 20, 2020 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 Valdivia on Wednesday, May 20, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present Left Meeting at 7:39 p.m. James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard Jim Mulvihill 12.a Packet Pg. 125 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 3/30/2021 5:30 P.M. CLOSED SESSION PUBLIC COMMENT Treasure Ortiz, San Bernardino, spoke on the pending litigation against the City listed on the Closed Session agenda. She suggested that the Council be proactive in saving the City money on litigation. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Christopher Emon v. City of San Bernardino , Workers’ Comp. Claim No. 19- 141831 ii. Tony Lopez v. City of San Bernardino , Workers’ Comp. Claim No. 19- 141660 iii. Marc Alvarez v. City of San Bernardino, Workers’ Comp. Claim No. 19- 141123 iv. Kimberly Hernandez v. City of San Bernardino , Workers’ Comp. Claim No. 19-141065 v. Garrett Hoefer v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ12629020 and ADJ12205072 vi. Arthur Wilder v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 10036 vii. Christine Keil v. City of San Bernardino, Workers’ Comp. Claim No. CSBY- 9761 vii. Kirk Mueller v. City of San Bernardino, Workers’ Comp. Case Nos.. ADJ8814899, ADJ8814896 and ADJ8814892 viii. Gregory Parker v. City of San Bernardino, Workers’ Comp. Case Nos. ADJ2625134, ADJ5826411, ADJ7342091, ADJ11426571, ADJ9841377, ADJ9684763 and Workers’ Comp. Claim No. CSBY9748 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) PUBLIC EMPLOYEE APPOINTMENT - City Clerk (D) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8): Property: Bryce Hanes Park, 534 W 9th St. (APN 0140-143-54) Agency Negotiator: Teri Ledoux, City Manager Negotiating Parties: San Bernardino Valley Municipal Water District Under Negotiation: Price and Terms 12.a Packet Pg. 126 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 3/30/2021 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Valdivia led the Pledge of Allegiance to the Flag. CLOSED SESSION REPORT The Mayor and City Council convened into Closed Session at 5:33 p.m. City Attorney Sonia Carvalho informed that the City Council unanimously voted to authorize the City Attorney’s Office to file a receivership action on a nuisance abatement property. PRESENTATIONS 1. Census 2020 Update, Presented by San Bernardino County San Bernardino County Partnership Specialist, Melissa C. Padilla provided an update on the 2020 Census. 2. Fire District FP5 Funding Impacts, Presented by Fire Chief, Dan Munsey Fire Chief Dan Munsey and Assistant Fire Chief Dan Mejia provided a presentation to the Mayor and City Council regarding the impacts of losing FP5 Funding. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Anonymous, San Bernardino, commented about the amount of trash in the City. She suggested offering jobs to young people to help beautify the City and give them work experience. Andrea , San Bernardino, commented on the demolition of the Mt. Vernon bridge. She suggested that Council remove the item so more discussion can be had. She also expressed concern about the air pollution the project may cause. Maribel, San Bernardino, suggested that Council consider community grants for rent relief and down payment assistance plans that are COVID related. Christian Morgan, San Bernardino, commented on ongoing investigations against City and Council. He expressed his concerns about whether the Council has plans for the City. Treasure Ortiz, San Bernardino, expressed her disapproval of the City Manager. She spoke of the financial impact on residents because of lack of qualified City Staff. She disagreed with the police buying new vehicles. Suggested council is complacent about lawsuits in San Bernardino. 12.a Packet Pg. 127 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 3/30/2021 Paige Miller, San Bernardino, commented on fireworks in the City. She suggested a motion to require Fire and Police Departments to give an update on fireworks at the first meeting after the 4th of July regarding fireworks violations and moneys collected. She stated that fireworks should be banned in the City because they are hard on first responders; wanted an update on how the City is dealing with the homeless population; and commended the animal shelter program for their work. Anonymous, San Bernardino, asked Council to please allow small businesses to open or they will not survive due to COVID-19. Esmerelda Negrete, San Bernardino, spoke about the sale of the land south of Highland Avenue (Agenda Item #3). She stated the City is losing millions on the sale and suggested not to sell the land. Also spoke about the Vanir Tower lease agreement and suggested the City does not renew their contract. She also stated her disapproval of buying more police vehicles. Council Member Mulvihill read a written public comment into the record. STAFF REPORTS 3. Purchase and Sale Agreement with Mark Development, LLC for Real Property Located Between Arden and Guthrie Avenues, South of Highland Avenue – Successor Agency Action Recommendation It is recommended that the Mayor and City Council, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, California, adopt Resolution No. 2020-91 approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency to the Redevelopment Agency of the City of San Bernardino and Mark Development, LLC, a California limited liability company, with respect to the real property located on the north by Highland Avenue, between Arden Avenue and Guthrie Avenue, and on the south by 20th Street, between Arden Avenue and Guthrie Avenue, San Bernardino, California (APNs 1191-021-01, 1191-021-11 to 69, 1191-041-17 to 22, and 1191- 041-25 to 32), and approving certain related actions. jeopardy. Community and Economic Development Director Michael Huntley provided a presentation to the Mayor and City Council. 12.a Packet Pg. 128 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 3/30/2021 RESULT: Adopted Resolution No. 2020-91 approving the Purchase and Sale Agreement and Joint Escrow Instructions with Mark Development, LLC. MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Henry Nickel, Councilmember, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 4. Lease Extension Agreement - Vanir Tower Building, Inc. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution 2020-105 authorizing the City Manager to execute Amendment No. 2 ("Second Amendment”) to the Lease with Vanir Tower Building, Inc., at 290 North D Street, San Bernardino, California, extending the Lease Agreement through June 30, 2021. Public Work Director Kris Jensen provided a presentation to the Mayor and City Council. Council Members Nickel and Ibarra expressed their disagreement in extending the lease for a year. Council Member Ibarra proposed staying on a month -to-month lease. Public Works Director Kris Jensen explained the risks of staying on the month -to-month lease and explained the hold-over status. Council Member Nickel inquired on the status of the former City Hall building. City Manager Teri Ledoux informed that staff would present options on what could be done with the former City Hall building before the year's end to the Mayor and City Council. Council Member Nickel proposed a month-to-month lease extension. There was further discussion by the Mayor and City Council. Council Member Figueroa proposed entering a six-month lease with the expectation of a conversation related to a permanent City Hall. Council Member Nickel seconded the motion. Mayor Pro-Tem Sanchez requested an amendment to the original motion direct ing staff to enter negotiations with the Vanir building management to obtain the costs and savings if the City were to vacate the 8th floor and bring back a preliminary report on t he former City Hall building. Council Member Figueroa requested that staff explain why other City buildings could not be utilized for City Hall and Mayor Valdivia informed that information could be provided in the workshop. 12.a Packet Pg. 129 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 3/30/2021 RESULT: Directed Staff to enter into a six-month extension to the Lease agreement for the Lease with Vanir Tower Building, Inc., negotiate with the building management to see what the cost savings would be if only the first and third floors are occupied, with a reduction of the eighth floor, and hold a study session regarding the status of the former city hall building MOVER: Juan Figueroa Councilmember, Ward 3 SECONDER: Henry Nickel, Councilmember, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Nickel NOES: Shorett and Mulvihill ABSENT: Richard 5. Issue Purchase Orders for Unmarked Police Vehicles Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-107: 1. Repealing Resolution No. 2020-74; and 2. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget and issue multiple purchase orders at a total not to exceed $115,000 for the purchase of pre-owned unmarked police vehicles from the best option vendors selected. Interim Police Chief Eric McBride provided a presentation to the Mayor and City Council. Mayor Pro-Tem Sanchez inquired where the funding was coming from, and Interim Police Chief McBride explained that the City had received a grant from the San Manuel Band of Mission Indians. Council Member Shorett asked why there was an increase in the price, and Chief McBride explained that the total includes safety equipment. The City Council expressed the importance of opening the bid to local vendors, and City Manager Teri Ledoux explained that the municipal code has a local vendor preference. 12.a Packet Pg. 130 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 3/30/2021 RESULT: Adopted Resolution No. 2020-107 Repealing Resolution No. 2020—74, and authorizing the Director of Finance to amend the FY 2019-20 adopted budget and issue multiple purchase orders at a total not to exceed $115, 000 for the purchase of pre-owned unmarked police vehicles from the best option vendors selected MOVER: Theodore Sanchez, Councilmember, Ward 1 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Nickel, Shorett, and Mulvihill ABSENT: Richard NOES: None PUBLIC HEARINGS 6. Public Hearing Regarding Resolution Establishing Certain Fees for Services Furnished by the City Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing regarding a resolution establishing certain fees for services; and adopt Resolution No. 2020-106 of the Mayor and City Council of the City of San Bernardino, California, establishing certain fees for services furnished by the City of San Bernardino and repealing Resolution Nos: 2008 -277, 2009-122 and 2009-161. Mayor Valdivia opened the Public Hearing at 9:11 PM. City Manager Teri Ledoux provided a brief explanation on this item and informed that Rita Conrad was on standby should the Mayor and City Council have any questions. There were no requests to speak or written communication for this item. The Public Hearing was closed at 9:12 PM. RESULT: Adopted Resolution No. 2020-106 establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution Nos. 2008-277, 2009-122, and 2009-161 MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 12.a Packet Pg. 131 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 3/30/2021 7. Adopt a Resolution Approving the Substantial Amendment to the 2006 HUD Section 108 Loan Recommendation Adopt Resolution No. 2020-45 of the Mayor and City Council of the City of San Bernardino, California, approving the Substantial Amendment to the 2006 HUD Section 108 Loan Guarantee Assistance for the North Arden Guthrie Project. Mayor Valdivia opened the Public Hearing at 9:14 PM. Community and Economic Development Director Michael Huntley provided a presentation to the Mayor and City Council. There were no requests to speak or written communication for this item. The Public Hearing was closed at 9:17 PM. RESULT: Adopted Resolution No. 2020-45 approving the Substantial Amendment to the 2006 HUD Section 108 Loan Guarantee Assistance for the North Arden Guthrie Project MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Sandra Ibarra, Councilmember, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 8. First Reading of Ordinance MC-1531 for Sign Regulations Update Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce for first reading, Ordinance MC-1531 of the Mayor and City Council of the City of San Bernardino, California, adopting the Negative Declaration and approving Development Code Amendment 19 -04 updating Chapter 19.22 (Sign Regulations) and amending Chapter 19.20 (Property Development Standards) of the City of San Bernardino Development Code (Attachment 1); and 2. Schedule the final reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on June 3, 2020. The Public Hearing was opened at 9:19 PM. Planning Manager Oliver Mujica, Planning Technician Travis Martin, and Genevieve Sharrow of MIG provided a presentation to the Mayor and City Council. There were no requests to speak or written communication for this item. The Public Hearing was closed at 9:38 PM. 12.a Packet Pg. 132 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 3/30/2021 The City Council asked Ms. Sharrow for clarification on certain types of signs and billboards. RESULT: Introduced for First Reading of Ordinance No. MC-1531 for Sign Regulations Update and set the Final Reading for Wednesday, June 3, 2020. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvih ill ABSENT: Richard NOES: None 9. Street Vacation of a Portion of Artesia Street, South of Rialto Avenue Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct a public hearing, per Street and Highway Code 8322-8325, to consider comments on the proposed street vacation; and adopt Resolution 2020-93 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein. The Public Hearing was opened at 9:47 PM. Public Works Director Kris Jensen provided a brief presentation to the Mayor and City Council. There were no requests to speak, or written communication received for this item. The Public Hearing was closed at 9:50 PM. RESULT: Adopted Resolution No. 2020-93 approving vacation of a portion of Artesia Street, South of Rialto Avenue, and the reservation of utilities therein MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Fred Shorett, Councilmember, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 10. Street Vacation of a Portion of Home Avenue, “I” Street, Montgomery Street, and the Reservation of Utilities Therein Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 12.a Packet Pg. 133 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 3/30/2021 1. Conduct a public hearing, per Street and Highway Code 8322-8325, to consider comment on the proposed street vacation; and 2. Adopt Resolution No. 2020-94 of the Mayor and City Council of the City of San Bernardino, California, approving the vacation of a portion of Home Avenue, “I” Street, Montgomery Street, and the reservation of utilities therein. The Public Hearing was opened at 9:51 PM. Public Works Director Kris Jensen provided a brief presentation to the Mayor and City Council. There were no requests to speak, or written communication received for this item. There was a consensus from the City Council to approve staff’s recommendation. RESULT: Adopted Resolution No. 2020-94 approving vacation of a portion of Home Avenue, “I” Street, Montgomery Street, and the reservation of utilities therein MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard 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: Approve the Consent Calendar pulling Item Nos. 13, 18, and 19 for discussion. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: James Mulvihill, Councilmember, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 11. February and March 2020 City Board, Commission, and Citizen Advisory Committee Approved Minutes 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 March 2020. 12.a Packet Pg. 134 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 3/30/2021 12. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for April 2020. 13. First Amendment to the Professional Services Agreement Between the City of San Bernardino and Barboza & Associates for Investigation Services Recommendation Adopt Resolution 2020-95 of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to the Professional Services Agreement between the City of San Bernardino and Barboza & Associates for workplace investigation services. Council Member Ibarra requested that an update be provided on this item before moving forward. City Attorney Sonia Carvalho informed that an update had been provided on this item during a Closed Session by the outside legal counsel. She was not working on the matter and could not give an update. City Manager Teri Ledoux informed the City Council there had been a staff report in addition to the Closed Session at the last meeting, and currently, there were no further updates. Council Member Shorett brought up concerns from the public related to this investigation and stated that the City is obligated to continue with the investigation. City Attorney Carvalho stated her understanding was that the Mayor had obtained legal counsel and was now represented by his attorney. The City was not compensating him for his attorney at this time. City Attorney Carvalho advised the Mayor that he should not vote on this item, and the Mayor stated he understood. Council Member Nickel asked what the consequences would be if the item were not approved. City Attorney Carvalho informed that in denying the request, the City Council would not be in compliance with City’s harassment policy, and she strongly advised the City Council to enter into the agreement in the best in terest of the City. Council Member Nickel stated he wanted to see the initial work product before extending the agreement. At this time City Attorney Carvalho advised the Mayor that he should not participate in the balance of the Consent Calendar because of the direction the discussion had taken. At this time Mayor Valdivia left the online discussion. 12.a Packet Pg. 135 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 3/30/2021 City Attorney Carvalho reminded the City Council that outside legal counsel had provided an update and a timeline of the investigation and that the mayor had obtained his legal counsel. She advised they move forward on approving the i tem, and if they were not ready to move forward that they not discuss issues that may have been discussed in Closed Session; she also recommended they adjourn the item to a future meeting. Mayor Pro-Tem Sanchez asked if the City Attorney could audit the invoices received to date to check if the cost is justified. City Attorney Carvalho stated for potential conflict of interest purposes, the attorney’s office was trying not to become involved but that she could work with the outside legal counsel and ask where the time was spent and potentially negotiate a better rate on the Council’s behalf. Mayor Valdivia returned for the discussion on Item No. 18 after the vote was ta ken for Item No. 13. RESULT: Continued to a future meeting to obtain an update from the Barboza and Associates investigator. MOVER: James Mulvihill, Councilmember, Ward 7 SECONDER: Sandra Ibarra, Councilmember, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 14. A Resolution Authorizing Submittal of an Application for Permanent Local Housing Allocation Funds; and a Resolution Approving the Permanent Local Housing Allocation Funds Section 302(C)(4) Plan Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2020-79 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager or Assistant City Manager to submit an application for the projects utilizing Permanent Local Housing Allocation Funds from the California Department of Housing and Community Development; and 2. Adopt Resolution No. 2020-92 of the Mayor and City Council of the City of San Bernardino, approving the Permanent Local H ousing Allocation Funds Section 302(c) (4) Plan. 12.a Packet Pg. 136 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 3/30/2021 15. Amended Recognized Obligation Payment Schedule 2020-2021B for the Period of January 1, 2021, through June 30, 2021 Recommendation It is recommended that the Mayor and City Council, in its capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approve the amended Recognized Obligation Payment Schedule 2020-2021B and authorize the City Manager, or designee, to administer its filing and implementation consistent with the California Health and Safety Code and as more particularly described within the staff report. 16. Final Reading and Adoption of Ordinance MC-1536 Amending Ordinance MC- 1522 and Levying Special Taxes to be Collected During Fiscal Year 2020/21 for Community Facilities District No. 2019-1 (Maintenance Services) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, conduct the final reading and adoption of Ordinance MC -1536 amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2020/21 to pay the annual costs of the maintenance and servicing of street lights, traffic signals, parks, parkways, streets, roads, and open space, the operation and maintenance of storm drainage systems, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services). 17. Award of Construction Contract for Demolition of 4004 Electric Avenue & 314 W. 40TH Street Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-97: 1. Authorizing expenditures in a total amount of $46,168 for the demolition of 4004 Electric Avenue and 314 W. 40th Street in support of CIP SS04-014 40th Street Widening from Johnson Street to Electric Avenue (“Project”) to include a construction contract in the amount of $40,168, contingencies in the amount of $4,000 and engineering and inspection costs in the amount $2,000; and 2. Approving the award of a Construction Contract with Interior Demolition, Inc. of Montrose, California, in the amount of $40,168 to perform the demolition work; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 12.a Packet Pg. 137 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 14 Printed 3/30/2021 18. Award of Construction Contract for Citywide Bus Stop Improvements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-98: 1. Accepting TDA Article 3 Transit Stop Access Program Grant in the amount of $26,936; and 2. Amending the FY 2019/20 Capital Improvement Plan (CIP) to include Citywide Bus Stop Improvements (“Project’); and 3. Approving a total project budget in the amount of $66,000 to include the construction contract in the amount of $58,880, project contingencies in the amount of $6,020, and engineering and inspection budgets in the amount of $1,100; and 4. Approving the award of a Construction Contract with TRYCO General Engineering of Lake Arrowhead, California in the amount of $58,880; and 5. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $39,064 in Measure I Funds (Fund 129) to the Project; and 6. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. At Council Member Ibarra’s request Public Works Director Kris Jensen provided a brief presentation to the Mayor and City Council. RESULT: Adopted Resolution No. 2020-98 approving staff’s recommendation. MOVER: Henry Nickel, Councilmember, Ward 5 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 19. Mt. Vernon Bridge Replacement Project – Construction and Maintenance Agreement Between the City of San Bernardino, San Bernardino County Transportation Authority (SBCTA), and Burlington Northern Santa Fe Railway (BNSF) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-99, approving Construction and Maintenance Agreement No. 19-1002208 ("Agreement") with San Bernardino County Transportation Authority (SBCTA), and Burlington Northern Santa Fe Railway (BNSF) for the demolition, construction, and maintenance of the Mt. Vernon Bridge; and authorizing the City Manager to execute the Agreement. 12.a Packet Pg. 138 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 15 Printed 3/30/2021 Council Member Nickel inquired whether SBCTA could be asked to preserve some of the railing of the Mt. Vernon Bridge. RESULT: Adopted Resolution No. 2020-99 Approving a Construction and Maintenance Agreement No. 19-1002208 (Agreement) with San Bernardino County Transportation Authority (SBCTA) and Burlington Northern Santa Fe Railway (BNSF) MOVER: Fred Shorett, Councilmember, Ward 4 SECONDER: Theodore Sanchez, Councilmember, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, and Mulvihill ABSENT: Richard NOES: None 20. Fiscal Year 2020-21 Assessment Levies for Previously Formed Districts Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution Nos. 2020-100, 2020-101, 2020-102, 2020-103 and 2020-104, declaring intention to levy and collect assessments for Fiscal Year 2020/21 within various assessment districts within the City of San Bernardino, approving engineer’s reports for each assessment district, and providing notice of the time and place of hearing on proposed assessments in each assessment district. ITEMS TO BE REFERRED TO COMMITTEE Council Member Nickel requested a status update on outstanding cannabis litigation and update on the redevelopment of the former Carousel Mall. He inquired if there was an update to the protocol on how residents could report crime and not impact the response rate. Council Member Ibarra expressed concern over the animal shelter not accepting stray animals or owner surrenders. Council Member Figueroa requested an update on the landfill located at Vanderbilt and Carnegie. Council Member Mulvihill requested an update on the potential options for the former City Hall. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on conferences or meetings attended from the Mayor and City Council. 12.a Packet Pg. 139 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda May 20, 2020 Mayor and City Council of the City of San Bernardino Page 16 Printed 3/30/2021 ADJOURNMENT The regular meeting of the Mayor and City Council was adjourned at 10:35 p.m. on Wednesday, May 20, 2020. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, June 3, 2020, Via Zoom. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Genoveva Rocha, CMC 12.a Packet Pg. 140 Attachment: Attachment 1 - 05-20-2020 Regular Meeting Draft Minutes (8551 : Approval of the Mayor and City Council Meeting Minutes) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Amendment No. 1 to the HOME Infill Housing Master Agreement with NPHS (Ward 2) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-248 authorizing the execution of Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC that would allow NPHS to retain program income for additional HOME eligible activities; and 2. Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. Background In 2016, the City initiated the HOME-funded Infill Housing Program. The Infill Housing Program utilizes City or Successor Agency-owned single-family properties for the construction of single-family manufactured houses, or rehabilitation of existing vacant houses. The houses are sold to first-time home buyers whose income is at 80% of the Area Median Income (AMI) for San Bernardino County. The 2021 income, at 80% AMI for a family of four, is $63,200. The goals of the Infill Housing Program are to encourage homeownership, stabilize neighborhoods and improve the economic well - being of neighborhoods. On December 2, 2020, the Mayor and City Council adopted Resolution No. 2020 -281, authorizing the execution of Home Investment Partnerships Program (HOME) Infill Housing Development Master Agreement with Neighborhood Partnership Housing Services (NPHS). The HOME Agreement (Agreement) provides grant funding in an amount not to exceed $350,000. The term of the Agreement is for two years, with an option for a one-year extension. The development time frame for each phase can take up to twenty-four months, which includes marketing and sale of the properties. In fiscal years 2018 -19 and 2019-2020, a 13 Packet Pg. 141 8579 Page 2 total of five infill houses were built, three of which NPHS developed, and the City was the sole funding source for the program. In the past, the scale of development had been limited by the amount of HOME funds the City was able to dedicate to the endeavor. However, as a result of the City of San Bernardino Housing Division’s participation in the Accelerating Investments in Healthy Communities (AIHC) initia tive, the AIHC home team successfully promoted the City’s housing programs to Dignity Health’s Community Investment group and the Robert Wood Johnson Foundation (RWJ) and obtained a $2.1 million line of credit and a $1.5 million revolving loan fund respect ively for housing production in the City of San Bernardino. With the funds that have been leveraged, the City has reduced its funding contribution for the Infill Housing Program from 100 percent to 27 percent; now, private and foundation sources will fund 73 percent of the program. Discussion NPHS has been able to successfully leverage the line of credit from Dignity Health in conjunction with the HOME funds from the City for Phase I. NPHS will also be providing the down-payment loan from their own private funds for a First-Time Home Buyer Program in Phase I and II, as opposed to the previous Infill Housing Program administered by NPHS, which concluded in FY 2018 -2019, when the City funded the development of the three Infill homes and the down-payment loan for the borrowers. NPHS has the capacity to begin some of the pre-development work necessary to start Phase II while simultaneously working on the current phase, Phase I; however, they need HOME grant funds to supplement the foundation funding for Phase II. Staff believe it would be beneficial to allow NPHS to retain the program income from the sale of the homes in Phase I to begin work on Phase II, as NPHS learned from 2018 that one of the most time consuming aspects is clearing liens on the proper ties’ title reports and transferring titles. If NPHS could start that work prior to beginning development on Phase II, it would cut down the total development time and streamline the process. The City would also benefit from the manufactured homes being de livered on the lots at a faster pace, as it would cut down on weed abatement costs and prevent people from dumping on the vacant lots. The table below includes the residential lots that NPHS is currently working on for Phase I and the lots in Phase II that they would use program income to begin working on. Phase I Lots 676 W. 10th Street 2129 Wall Avenue 815 W. Orange Street Phase II Lots 1356 Hillside Drive 1384 Hillside Drive 13 Packet Pg. 142 8579 Page 3 1394 Hillside Drive The City’s current Master Agreement with NPHS states that the net proceeds derived from the sale of the Eligible Property to the Qualified Homebuyer shall be collected by the City as program income upon the close of the Sales Escrow. Staff is requesting an amendment to the Master Agreement to allow NPHS to retain program income to use towards development costs for Phase II of the City’s Infill Housing Program. NPHS conservatively estimates earning between $70,000 and $170,000 from the sale of the three homes in Phase I. The income earned from the sale of the properties is considered program income. 24 CFR §92.503(a)(1), states that program income must be deposited in the participating jurisdiction's HOME Investment Trust Fund local account unless the participating jurisdiction permits the State recipient or subrecipient to retain the program income for additional HOME projects pursuant to the written agreement required by §92.504(c)(2)(ii), which further states that the written agreement must state if program income is to be remitted to the participating jurisdiction or to be retained by the subrecipient for additional eligible activities. 2020-2025 Key Strategic Targets and Goals Authorization to execute Amendment No. 1 to the HOME Master Agreement with NPHS aligns with Key Target No. 4: Economic Growth & Development by bringing development investment into the City, leveraging limited City resources, and increasing the City’s property tax base. Fiscal Impact No fiscal impact to the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2021-248 authorizing the execution of Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and Neighborhood Partnership Housing Services (NPHS) San Bernardino Developments, LLC that would allow NPHS to retain program income for additional HOME eligible activities; and 2. Authorize the City Manager or designee to take any further a ctions and execute any further documents as necessary to effectuate the agreements. Attachments Attachment 1 Resolution No. 2021-248 Attachment 2 Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments 13 Packet Pg. 143 8579 Page 4 Attachment 3 HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments Ward: 2 Synopsis of Previous Council Action: December 2, 2020 Mayor and City Council adopted Resolution No. 2020-281, authorizing the execution of Home Investment Partnerships Program (HOME) Infill Housing Development Master Agreement with Neighborhood Partnership Housing Services (NPHS). 13 Packet Pg. 144 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) INFILL HOUSING DEVELOPMENT MASTER AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND NPHS SAN BERNARDINO DEVELOPMENTS, LLC WHEREAS, the City has received HOME Investment Partnership Act (“HOME”) funds form the United States Department of Housing and Urban Development (“HUD”) pursuant to the Cranston-Gonzalez National Housing Act of 1990, The HOME funds must be used by the City in accordance with 24 CFR Part 92; and WHEREAS, the HOME Program is designed to create affordable housing for low and moderate income households and may be used to fund a wide range of activities including the building, buying, and/or rehabilitation of affordable housing for rent or homeownership or providing direct rental assistance; and WHEREAS, NPHS San Bernardino Developments, LLC (“Developer”) is a qualified developer for the purpose of constructing or reconstructing infill housing on blighted or underutilized sites (“Eligible Properties”) and selling the Eligible Properties to qualified households; and WHEREAS, the Infill Housing Program was approved by the Mayor and City Council on September 19, 2016; and WHEREAS, the City and Developer entered into an Infill Housing Development Master Agreement on January 29, 2021, setting forth the terms and conditions under which Developer would construct or reconstruct infill housing on blighted or underutilized sites and sell those properties to households whose income does not exceed 80 p ercent of the area median income (“Agreement”); and WHEREAS, the City and Developer desire to amend the Agreement to allow Developer to retain the program income for additional HOME projects, including to begin working on the pre-development work for Phase II. 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. 13.a Packet Pg. 145 Attachment: Attachment 1 - Resolution No. 2021-248 Amendment No. 1 to the HOME Infill Housing Master Agreement with NPHS [Revision 1] Resolution No. 2021- Resolution 2021- Page 2 of 3 SECTION 2. The Mayor and City Council hereby authorize the City Manager or designee to execute Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of San Bernardino and NPHS San Bernardino Developments, LLC, attached hereto and incorporated herein by this reference. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 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. 146 Attachment: Attachment 1 - Resolution No. 2021-248 Amendment No. 1 to the HOME Infill Housing Master Agreement with NPHS [Revision 1] Resolution No. 2021- Resolution 2021- Page 3 of 3 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. 147 Attachment: Attachment 1 - Resolution No. 2021-248 Amendment No. 1 to the HOME Infill Housing Master Agreement with NPHS [Revision 1] 13.b Packet Pg. 148 Attachment: Attachment 2 - Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master 13.b Packet Pg. 149 Attachment: Attachment 2 - Amendment No. 1 to the HOME Investment Partnerships Program (HOME) Infill Housing Development Master 13.c Packet Pg. 150 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 151 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 152 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 153 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 154 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 155 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 156 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 157 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 158 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 159 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 160 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 161 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 162 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 163 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 164 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 165 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 166 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 167 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 168 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 169 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 170 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 171 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 172 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 173 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 174 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 175 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 176 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 177 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 178 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 179 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 180 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 181 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 182 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 183 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 184 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 185 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 186 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 187 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 188 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 189 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 190 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 191 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 192 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 193 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 194 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 195 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 196 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 197 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 198 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 199 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 200 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 201 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 202 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 203 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 204 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 205 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 206 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 207 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 208 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 209 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 210 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 211 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 212 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 213 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 214 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 215 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 216 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 217 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 218 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 219 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 220 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 221 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 222 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 223 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 224 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 225 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 226 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 227 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 228 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 229 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 230 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 231 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 232 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 233 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 234 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 235 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 236 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 237 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 238 Attachment: Attachment 3 - 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HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 253 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 254 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 255 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 256 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 257 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 258 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 259 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 260 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 261 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 262 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 263 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 264 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 265 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 266 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 267 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 268 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of 13.c Packet Pg. 269 Attachment: Attachment 3 - HOME Investment Partnerships Program (HOME) Infill Housing Development Master Agreement between the City of Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Subordination of a Deed of Trust (Ward 3) Recommendation Adopt Resolution No. 2021-249 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 2674 W. Via San Carlos, San Bernardino, California. Background On October 17, 1994, the Community Development Commission of the City of San Bernardino (“Commission”) approved Resolution 5409, establishing the Mortgage Assistance Program, subsequently renamed the Homebuyer Assistance Program, which made available a limited number of deferred payment (principal and interest) second mortgages. This Program was designed to provide income-qualified families with down payment/closing cost monies necessary to secure financing towards the purchase of single-family detached homes in the City and provided an additional avenue for the former Redevelopment Agency of the City of Sa n Bernardino (“Agency”) to ensure the availability of affordable housing to income -qualified home buyers in the community. On January 9, 2012, the Mayor and City Council adopted Resolution 2012 -12 confirming that the City of San Bernardino would serve as the “Successor Agency” to the former Agency, in accordance with AB1X 26. On January 23, 2012, the Mayor and City Council adopted Resolution 2012-19 further confirming that the City would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. Discussion The Homebuyer Assistance Program allows program participants to refinance their mortgage only to lower the interest rate and/or term. Should the homeowner request to “cash out” the property’s equity the subordination request would be denied and the Agency loan would become due. The owner for the property located at 2674 W. Via San Carlos, San Bernardino, received down payment assistance and is now requesting to refi nance their existing first 14 Packet Pg. 270 8580 Page 2 mortgage. The owner of the property listed above has submitted a subordination request to Successor Housing Agency staff and the application has been reviewed and approved. To proceed with the refinancing, the new lender and title company require the Agency’s deed of trust to be expressly subordinated to the new first deed of trust. Therefore, staff requests that the City Manager, or designee, be authorized to sign and cause to be recorded the subordination agreement and associated documents which will allow the property owner to refinance their first mortgage. 2020-2025 Key Strategic Targets and Goals Adoption of the attached resolution aligns with Key Target No. 3: Improved Quality of Life. Refinancing supports homeownership and sustains neighborhoods throughout the City. Fiscal Impact There is no fiscal impact to the City's General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, adopt Resolution No. 2021-249, approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage relating to real property located at 2674 W. Via San Carlos , San Bernardino, California. Attachments Attachment 1 Resolution No. 2021-249 Attachment 2 Subordination Agreement for 2674 W. Via San Carlos Ward: 3 Synopsis of Previous Council Action: January 9, 2012 Mayor and Common Council of the City of San Bernardino adopted Resolution 2012-12 taking certain actions pursuant to Health & Safety Code Section 34173 agreeing to serve as the Successor Agency and the Successor Entity to the former Redevelopment Agency of the City of San Bernardino. January 23, 2012 Mayor and City Council adopted Resolution 2012 -19 further confirming that the City would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. 14 Packet Pg. 271 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO. RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO APPROVING THE SUBORDINATION OF A DEED OF TRUST IN CONNECTION WITH A REFINANCING OF THE SENIOR MORTGAGE RELATING TO REAL PROPERTY LOCATED AT 2674 W VIA SAN CARLOS, SAN BERNARDINO, CALIFORNIA WHEREAS, on January 9, 2012, the Mayor and City Council of the City of San Bernardino, California, (“Council”) adopted Resolution No. 2012-12 confirming that the City of San Bernardino would serve as the Successor Agency to the Redevelopment Agency (“Agency”) of the City of San Bernardino (“Successor Agency”) effective February 1, 2012, pursuant to AB1X 26 (The Redevelopment Agency Dissolution Act); and WHEREAS on January 23, 2012, the City Council adopted Resolution No. 2012-19 providing for the City to serve as the Successor Housing Agency and perform the housing functions previously performed by the Agency; and WHEREAS, pursuant to Health & Safety Code Section 34181(c) of AB1X26 the Oversight Board is to direct the transfer of housing responsibilities, including all rights, powers, duties, obligations and assets, to the Successor Housing Agency; and WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1) of AB1484 the restrictions on the use of real property such as affordability covenants entered into by the Agency are considered a housing asset; and WHEREAS, a Deed of Trust affecting real property located at 2674 W Via San Carlos, San Bernardino, California (“Property”) exists as of February 11, 2008, and recorded on March 19, 2008, as Instrument Number 2008-0121603 in the Official Records of the County of San Bernardino (“Deed of Trust”); and WHEREAS, the terms of the Deed of Trust allow the Trustor to obtain the release of the security interest of the First Mortgage Lender in the Property for the purpose of a third -party lender which refinances the purchase money mortgage of the First Mortgage Lender; and WHEREAS, an escrow has been opened on the Property affected by the Deed of Trust on which owner(s) (John and Lorraine Zamora) request the subordination so that they can proceed on a refinance and a clear lenders title policy can be provided to the new lender of the Property; and WHEREAS, the Successor Housing Agency desires to confirm that the Deed of Trust is a housing asset and/or housing function, and desires to authorize Successor Housing Agency staff to transfer all rights and interest in the Deed of Trust to the City in its capacity as the Successor Housing Agency; and 14.a Packet Pg. 272 Attachment: Attachment 1 - Resolution No. 2021-249 Subordination of a Deed of Trust (8580 : Subordination of a Deed of Trust (Ward 3)) Resolution No. 2021- Resolution 2021- Page 2 of 3 WHEREAS, Successor Housing Agency staff desires to cause to be signed and recorded a subordination agreement for the purposes of causing the new third-party lender to have a security interest in the Property senior to that of the Successor Housing Agency. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, ACTING AS THE SUCCESSOR HOUSING AGENCY OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Pursuant to Health & Safety Code Section 34176, the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino does hereby find and determine that the Deed of Trust is a housing asset and hereby authorizes the City Manager or his/her designee, to execute the Subordination Agreement (attached and incorporated herein as Exhibit “A”) and do all such acts and things necessary to cause it to be recorded with the San Bernardino County Recorder. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor Attest: City of San Bernardino Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 14.a Packet Pg. 273 Attachment: Attachment 1 - Resolution No. 2021-249 Subordination of a Deed of Trust (8580 : Subordination of a Deed of Trust (Ward 3)) Resolution No. 2021- Resolution 2021- Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2021. Genoveva Rocha, CMC, City Clerk 14.a Packet Pg. 274 Attachment: Attachment 1 - Resolution No. 2021-249 Subordination of a Deed of Trust (8580 : Subordination of a Deed of Trust (Ward 3)) 1 When recorded mail to: City of San Bernardino, acting in its capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino 290 North D Street San Bernardino, CA 92401 Owner Name: John and Lorraine Zamora 2674 W. Via San Carlos San Bernardino, CA 92410 SPACE ABOVE THIS LINE FOR RECORDERS USE. Form of SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. This AGREEMENT, made this day of , 2021, by (John and Lorraine Zamora), Owner of the land hereinafter described and hereinafter referred to as "Owner," and the City of San Bernardino, acting in its capacity as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino, present owner and holder of the Deed of Trust and Note; WITNESSETH WHEREAS, Owner(s) did on February 11, 2008, execute a Deed of Trust to First American Title, a California Corporation, as trustee, covering: LEGAL DESCRIPTION: The land herein after referred to is situated in the City of San Bernardino, County of San Bernardino, State of California, and is described as follows: A condominium comprised of: Parcel one: An undivided one/eighteenth (1/18) interest as a tenant in common in the common area of that portion of lots 1-9 and lettered lots A-E of Tract No. 16757, as defined in the Phase 1, Module 1 condominium plan for the project recorded & March27, 2007 as Instrument No. 2007 -0188858 of Official Records of Said County, California (“Condominium Plan”). Parcel Two: Unit No. 47, consisting of certain air space and elements as described in the condominium plan mentioned above. Parcel Three: A nonexclusive easements for enjoyment, ingress, egress, encroachment, pedestr ian walkway, general recreation purposes, maintenance repair, drainage, support, and for other purposes as described in the declaration recorded March 27, 2007 as Instrument No. 2007 -0189300 of Official Records. 14.b Packet Pg. 275 Attachment: Attachment 2 - Subordination Agreement for 2674 W Via San Carlos (8580 : Subordination of a Deed of Trust (Ward 3)) 2 to secure a Note in the sum of $85,920 dated February 11, 2008, in favor of the Redevelopment Agency of the City of San Bernardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was recorded March 19, 2008, as Instrument No. 2008-0121603, Official Records of said county; WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino (“Successor Beneficiary”) pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23, 2012; WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of not to exceed $303,017.30, dated , in favor of Valley View Home Loans, hereinafter referred to as “Lender,” payable with interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently herewith; and WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned shall unconditionally be and remain at all times a lien or charge upon the land herein before d escribed, prior and superior to the lien or charge of the Deed of Trust first above mentioned; and WHEREAS, lender is willing to make said loan provided the Deed of Trust securing the same is a lien or charge upon the above described property prior and sup erior to the lien or charge of the Deed of Trust first above mentioned and provided that Successor Beneficiary will specifically and unconditionally subordinate the lien or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and WHEREAS, it is to the mutual benefit of the parties hereto that Lender make such loan to Owner; and Successor Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first above mentioned. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows: 1. That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof, shall unconditionally be and remain at all times a lien or charge on the property therein described, prior and superior to the lien or charge or the Deed of Trust first above mentioned. 2. That Lender would not make its loan above described without this Subordination Agreement. 3. That this Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Tru st first above mentioned to the lien or charge of the Deed of Trust in favor of the lender above referred to and shall supersede and cancel, but only insofar as would affect the priority between the Deeds of Trust hereinbefore specifically described, any p rior agreement as to such subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or Deeds of Trust or to another mortgage or mortgages. Successor Beneficiary declares, agrees and acknowledges that: (a) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor has Lender represented that it will, see to the application of such proceeds by the person or persons to whom Lender disburses such proceeds and any application or use of such proceeds for purposes other than those provided for in such agreement or agreements shall not defeat the subordination herein made in whole or in part; (b) Successor Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of the Deed of Trust in favor of Lender above referred to and understands that in reliance upon, and in consideration of, this waiver, relinquishment and subordination specific loans and advances are being and will be make and, as part and parcel thereof, specific monetary and other obli gations are being and 14.b Packet Pg. 276 Attachment: Attachment 2 - Subordination Agreement for 2674 W Via San Carlos (8580 : Subordination of a Deed of Trust (Ward 3)) 3 will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and (c) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned that said Deed of Trust has by this instrument been subordinated to the lien or charge of the Deed of Trust in favor or Lender above referred to. NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. City of San Bernardino, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino _____________________________________ ____________________________________ Robert D. Field, City Manager Owner City of San Bernardino Owner (ALL SIGNATURES MUST BE ACKNOWLEDGED) IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO. 14.b Packet Pg. 277 Attachment: Attachment 2 - Subordination Agreement for 2674 W Via San Carlos (8580 : Subordination of a Deed of Trust (Ward 3)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Cheryl Weeks, Council Administrative Supervisor Subject: June, July & August 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes 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 board, commission, and citizen advisory committee meetings approved in July, August and September 2021. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in July, August and September 2021 are presented for review by the Mayor and City Council including the: 1. Animal Control Commission - August 11, 2021 2. Arts and Historical Preservation Commission - July 19, 2021 3. Charter Review Committee - June 1, 2021 4. Parks, Recreation and Community Services Commission - July 15, 2021 5. Planning Commission - June 15, 2021; August 10, 2021 6. Public Safety and Human Relations Commission - July 12, 2021; August 9, 2021 7. Water Board - July 27, 2021; August 10, 2021; August 24, 2021 2020-2025 Key Strategic Targets and Goals Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. 15 Packet Pg. 278 8587 Page 2 Conclusion Receive and file the minutes from the City board, commission, and citizen a dvisory committee meetings approved in July, August and September 2021. Attachments Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in July, August and September 2021 Ward: All 15 Packet Pg. 279 15.a Packet Pg. 280 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 281 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 282 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 283 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 284 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 285 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 286 Attachment: Attachment 1 - 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June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 322 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 323 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 324 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 325 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 326 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, 15.a Packet Pg. 327 Attachment: Attachment 1 - June.July.August 2021 BCCAC Approved Minutes (Exhibits A-G).docx (8587 : June, July & August 2021 City Board, Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 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 September 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 September 30, 2021 $2,279,562.65 Total Payroll Demands: $2,279,562.65 The following check registers are being presented for approval: September 23, 2021 2021/22 (Register #12)$2,966,876.76 September 30, 2021 2021/22 (Register #13)$730,574.54 $3,697,451.30 The following Electronic Funds Transfer (EFT) registers presented for approval: September 10 to September 14 , 2021 2021/22 (Register #1156-#1165) $ 4,394,459.06 September 17, 2021 2021/22 (Register #1166) $ 494,491.16 Total commercial EFT demands: $ 4,888,950.22 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. 16 Packet Pg. 328 8589 Page 2 Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for September 2021. Attachments Attachment 1 Payroll Summary Report for September 2021 Attachment 2 Commercial checks & Payroll Register #12 Attachment 3 Commercial checks & Payroll Register #13 Attachment 4 Commercial EFT Registers #1156-1165 Attachment 5 Commercial EFT Registers #1166 Ward: All 16 Packet Pg. 329 16.a Packet Pg. 330 Attachment: FN. Attachment 1 - Payroll Summary Report September 2021 (8589 : Approval of Commercial and Payroll Disbursements (All 16.b Packet Pg. 331 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 332 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 333 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 334 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 335 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 336 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 337 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 338 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 339 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 340 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 341 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 342 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 343 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 344 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 345 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 346 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 347 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 348 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 349 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 350 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 351 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 352 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 353 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 354 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 355 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 356 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 357 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 358 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.b Packet Pg. 359 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #12 (8589 : Approval of 16.c Packet Pg. 360 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 361 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 362 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 363 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 364 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 365 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 366 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 367 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 368 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 369 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 370 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 371 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 372 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 373 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 374 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.c Packet Pg. 375 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #13 (8589 : Approval of 16.d Packet Pg. 376 Attachment: FN. Attachment 4 - Commercial EFT Registers #1156-1165 (8589 : Approval of Commercial 16.d Packet Pg. 377 Attachment: FN. Attachment 4 - Commercial EFT Registers #1156-1165 (8589 : Approval of Commercial 16.e Packet Pg. 378 Attachment: FN. Attachment 5 - Commercial EFT Registers #1166 (8589 : Approval of Commercial and 16.e Packet Pg. 379 Attachment: FN. Attachment 5 - Commercial EFT Registers #1166 (8589 : Approval of Commercial and Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Memorandum of Understanding with the San Bernardino Police Officers Association Recommendation Adopt Resolution No. 2021-251 of the Mayor and City Council of the City of San Bernardino, California, approving the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating the city-wide salary schedule, and amending Resolution No. 2021 - 232. Background The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. The City has long recognized San Bernardino Police Officers Association (SBPOA) for purposes of meeting and conferring over conditions of employment of police officers and other sworn, non-management positions in the San Bernardino Police Department. The prior Memorandum of Understanding (MOU) between the City and SBPOA covering such terms and conditions of employment expired on June 30, 2020. Since then, the parties have been negotiating terms for a successor MOU and have now reached a tentative agreement. That agreement was ratified by the members of SBPOA on October 13, 2021, and is currently before the City Council for its approval. Discussion The San Bernardino Police Officers Association (SBPOA) Memorandum of Understanding (MOU) new agreement term, if approved, will be July 1, 2020 through June 30, 2025 inclusive of the deal points noted below. o 2.7% cost of living adjustments effective the first pay period following September 1, 2021, July 1, 2022, July 1, 2023, and July 1, 2024. o Effective July 1, 2021, increase monthly contribution to $646 for employee only, $1,289 for employee plus one, $1,724 for employee plus 2 or more. For the term of this agreement only, the contributions will be bench marked to the Kaiser rate. 17 Packet Pg. 380 8595 Page 2 o Increase monthly Advanced Peace Officers Standards & Training Certificate Compensation to $450 effective January 1, 2022, $500 effective July 1, 2022, $650 effective July 1, 2023, and $700 effective July 1, 2024. o Provide longevity pay of $268 per month to employees with 20 or more years of service effective July 1, 2024. o Beginning October 1, 2021, provide K9 and motor pay for Police Officer $342 per month, Detective/Corporal $426 per month, and Sergeant $486 per month. o Beginning October 1, 2021, provide bilingual, SWAT, and mounted pay for Police Officer $171 per month, Detective/Corporal $213 per month, a nd Sergeant $241 per month. o Beginning July 1, 2021, provide shift differential pay for employees whose regular work shift starts at 5 p.m. or later for Police Officer $171 per month, Detective/Corporal $213 per month, and Sergeant $241 per month. o Updated the grievance procedure to provide for the a 60 -day timeframe to file the initial request with the employee's immediate supervisor must occur within 60 days of the grievant becoming aware of the event or act giving rise to the grievance; updated "10 working days" with "15 calendar days" to provide adequate processing timeframes; when a grievance is filed by the association, the initial step will be at the department head level; incorporated an administrative step with a hearing before a neutral officer selected from a list of candidates provided by PERB, to enhance objectivity, who’s decision is advisory to the City Manager. The City Manager’s decision will remain final and binding. o Updates were incorporated to clarify existing terms and to eliminate obsolete language, which can be reviewed in their entirety in the redline version of the MOU (Exhibit A). As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached sa lary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2020-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 7: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is sufficient funding in the Adopted Budget for costs associated with FY 2021/22 in the amount of $1,923,673 including the additional City contribution for medical 17 Packet Pg. 381 8595 Page 3 insurance coverage. The cost to the City of the increase in salaries and special pay categories, inclusive of CalPERS and estimated associated taxes, over the life of the agreement, is $4,781,792. Conclusion Adopt Resolution No. 2021-251 of the Mayor and City Council of the City of San Bernardino, California, approving the Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating the city-wide salary schedule, and amending Resolution No. 2021 - 232. Attachments Attachment 1 Resolution 2021-251 Attachment 2 Exhibit A - SBPOA MOU Attachment 3 Exhibit B - Salary Schedule Ward: All Synopsis of Previous Council Actions: September 15, 2021 The Mayor and City Council Adopted Resolution No. 2021 -232 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions December 7, 2015 The Mayor and City Council adopted Resolution No. 2015 -271, Approving a Side Letter Agreement Between the City Of San Bernardino and the San Bernardino Police Officers Association Amending the Terms and Conditions of Employment 17 Packet Pg. 382 Resolution No. 2021- Resolution 2021- Page 1 of 3 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION (SBPOA), UPDATING THE CITY-WIDE SALARY SCHEDULE, AND AMENDING RESOLUTION NO. 2021-232 WHEREAS, the California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment; WHEREAS, pursuant to the MMBA, the City’s negotiating team has met and conferred in good faith with the employees of the San Bernardino Police Officers Association (SBPOA) for terms of a successor Memorandum of Understanding (MOU) in which a tentative agreement was reached; WHEREAS, on October 13, 2021, the SBPOA ratified the terms of the successor agreement; WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; and WHEREAS, the salary schedule meets the California Public Employees’ Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 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 wages, hours and working conditions for employees in the Police Safety Employees bargaining unit of the City of San Bernardino, as incorporated in the Memorandum of Understanding, Exhibit A, a copy of which is attached hereto and incorporated herein, are hereby approved effective July 1, 2020 through June 30, 2025. SECTION 3. The City Manager is authorized to execute the successor Memorandum of Understanding effective July 1, 2020 through June 30, 2025. 17.a Packet Pg. 383 Attachment: Attachment 1 - Resolution 2021-251 Memorandum of Understanding with the San Bernardino Police Officers Association (8595 : Resolution No. 2021- Resolution 2021- Page 2 of 3 SECTION 4. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit B, is hereby approved. SECTION 5. The Director of Human Resources is authorized to update the Salary Schedule in Exhibit B to reflect the Cost of Living Adjustments for each year of the 5-year agreement. SECTION 6. Resolution No. 2021-232 is hereby amended to reflect the changes to the City-wide salary schedule attached hereto as Exhibit B. SECTION 7. The Mayor and 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 8. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 384 Attachment: Attachment 1 - Resolution 2021-251 Memorandum of Understanding with the San Bernardino Police Officers Association (8595 : Resolution No. 2021- Resolution 2021- Page 3 of 3 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 17.a Packet Pg. 385 Attachment: Attachment 1 - Resolution 2021-251 Memorandum of Understanding with the San Bernardino Police Officers Association (8595 : POLICE SAFETY EMPLOYEES MEMORANDUM OF UNDERSTANDING JULY 1, 2020 TO JUNE 30, 2025 CITY OF SAN BERNARDINO EXHIBIT A 17.b Packet Pg. 386 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers TABLE OF CONTENTS Page i ARTICLE I - - ADMINISTRATION ............................................................................................ 1 Section 1 - - Definition of Terms ....................................................................................... 1 Section 2 - - Management Rights....................................................................................... 2 Section 3 - - Mutual Aid .................................................................................................... 2 Section 4 - - Agency Personnel Rules................................................................................ 3 Section 5 - - Employees’ Rights ........................................................................................ 3 ARTICLE II - - EMPLOYER-EMPLOYEE RELATIONS .......................................................... 3 Section 1 - - Recognition ................................................................................................... 3 Section 2 - - No Strike ....................................................................................................... 3 Section 3 - - Payroll Deductions ........................................................................................ 4 Section 4 - - Grievance Procedure ..................................................................................... 4 Section 5 - - Employee Representatives ............................................................................ 7 Section 6 - - Investigation Rights....................................................................................... 7 Section 7 - - Non-Discrimination ....................................................................................... 8 Section 8 - - Personnel Files .............................................................................................. 8 Section 9 - - Political Activities ......................................................................................... 8 Section 10 - - Use of City Resources ................................................................................. 9 Section 11 - - Employer-Employee Relations Committee ................................................. 9 ARTICLE III - - COMPENSATION ............................................................................................. 9 Section 1 - - Salaries .......................................................................................................... 9 Section 2 - - PERS/Retirement Plan .................................................................................. 9 Section 3 - - Overtime ...................................................................................................... 10 Section 4 - - Assignment to Higher Position ................................................................... 11 Section 5 - - On-Call/Call-Back/Standby ........................................................................ 12 Section 6 - - Educational Incentive .................................................................................. 12 Section 7 - - Court Fines .................................................................................................. 13 Section 8 - - Special Skills Pay ........................................................................................ 13 Section 9 -- Longevity Pay ……………………………………………………………...14 ARTICLE IV - - FRINGE BENEFITS ........................................................................................ 14 Section 1 - - Health/Life Insurance - Active Employees ................................................. 14 17.b Packet Pg. 387 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers TABLE OF CONTENTS (continued) Page ii Section 2 - - Rain Gear/Utility Uniforms/Uniform Allowance ....................................... 15 Section 3 - - Books and Tuition Allowance ..................................................................... 15 Section 4 - - Deferred Compensation............................................................................... 15 Section 5 - - Safety Equipment ........................................................................................ 16 Section 6 - - Replacing/Repairing Personal Property ...................................................... 16 Section 7 - - Service Pins ................................................................................................. 16 ARTICLE V - - LEAVES ............................................................................................................ 17 Section 1 - - Pre-Petition Leave Banks ............................................................................ 17 Section 2 - - Vacations ..................................................................................................... 17 Section 3 - - Holidays ...................................................................................................... 18 Section 4 - - Sick Leave ................................................................................................... 19 Section 5 - - Payment for Unused Sick Leave ................................................................. 21 Section 6 - - Injury Leave ................................................................................................ 22 Section 7 - - Leave of Absence Without Pay ................................................................... 22 Section 8 - - Military Leave ............................................................................................. 23 ARTICLE VI - - WORKING CONDITIONS ............................................................................. 24 Section 1 - - Work Schedules........................................................................................... 24 Section 2 - - Shift Change ................................................................................................ 25 Section 3 - - Probationary Period ..................................................................................... 26 Section 4 - - Seniority ...................................................................................................... 26 Section 5 - - Reemployment ............................................................................................ 26 Section 6 - - Physical Examinations ................................................................................ 26 ARTICLE VII - - GENERAL PROVISIONS ............................................................................. 26 Section 1 - - Term ............................................................................................................ 26 Section 2 - - Notice of Intent to Reopen .......................................................................... 26 Section 3 - - Housing Incentives ...................................................................................... 26 Section 4 - - Recruitment Obligations ............................................................................. 26 Section 5 - - Per Diem/Reimbursement Policy ................................................................ 27 Section 6 - - Severability.................................................................................................. 27 Section 7 - - Waiver Clause ............................................................................................. 27 17.b Packet Pg. 388 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers TABLE OF CONTENTS (continued) Page iii Section 8 - - Prevailing Benefits ...................................................................................... 27 Section 9 - - Dispute Resolution ...................................................................................... 28 REFERENCES ............................................................................................................................ 28 POLICE SAFETY EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2020 - 20225............................................................................................................................................ 29 17.b Packet Pg. 389 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 1 ARTICLE I -- ADMINISTRATION Section 1 -- Definition of Terms Administration. Any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Appointing Authority The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the appointing authority. Appropriate Unit Those positions recognized as belonging to the unit covered by the terms of this MOU. Association. The San Bernardino Police Officers’ Association (SBPOA). Chief. The Chief of Police of the City of San Bernardino. City. The City of San Bernardino. Continuous Service. Five-sixths (5/6) of the available compensable days within the 12-month period immediately preceding the date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts. Department. The San Bernardino Police Department. Division. Any one of the major Divisions of the Department. Employee. All Safety Personnel within the classifications in this appropriate unit. Employee Organization. The San Bernardino Police Officers’ Association (SBPOA). Employer. Shall include the City of San Bernardino, and the City of San Bernardino Police Department. Gender. The masculine gender also includes the feminine. 17.b Packet Pg. 390 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 2 Mandatory and Permissive. “Shall” is mandatory, “may” is permissive. Years of Employment. Shall include all full-time services for the City of San Bernardino unless otherwise stated. Memorandum of Understanding (MOU). Shall mean the contractual obligation between the City and the employees of the Unit. Singular and Plural. The singular also includes the plural. Tense. The present tense shall also include the past and the future. Section 2 -- Management Rights This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority which the City has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to. determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations; determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards, including but not limited to, quality and quantity standards; carry out its mission in emergencies; and, exercise complete control and discretion over its organization and the technology of performing its work. Section 3 -- Mutual Aid 17.b Packet Pg. 391 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 3 Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. Section 4 -- Agency Personnel Rules It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and Orderly methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These documents will continue in effect, except for those provisions modified by the City Council in accordance with state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. Section 5 -- Employees’ Rights Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations. A. The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above. ARTICLE II -- EMPLOYER-EMPLOYEE RELATIONS Section 1 -- Recognition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Officers and other sworn, non- management positions in the San Bernardino Police Department, including but not limited to, the following classifications. Police Officer; Corporal; Detective; and, Sergeant. These positions are recognized regardless of assignment, receipt of incentive pay or acting in a higher position. Section 2 -- No Strike 17.b Packet Pg. 392 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 4 It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City’s business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties of this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including but not limited to, “blue flu” or strikes, at any time during the term of this MOU. Section 3 -- Payroll Deductions It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section. Section 4 -- Grievance Procedure A. Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. 17.b Packet Pg. 393 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 5 B. Definition. A grievance is an alleged violation of the terms of this MOU or of the laws, ordinances, resolutions or regulations concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through appeals to the Personnel Commission. However, nothing herein shall be interpreted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255. Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. C. Representation. The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU. D. Consolidation of Grievances. In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed. E. Time Limits Time limitations are established to settle a grievance quickly. Time limits may be modified by agreements of the parties. If at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. F. Steps in the Grievance Procedure. The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee’s grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the informal step within sixty (60) working days of the incident causing the grievance or the grievant becoming aware of the event or act giving rise to the grievance. When a grievance is filed by the Association (as opposed to an individual), the initial grievance shall be filed at the Step 3 level, directly with the Chief of Police. Note. If the employee chooses to appeal disciplinary action to the Personnel Commission, he/she shall be precluded from filing a grievance. The date and the subject of the incident should be provided with the request for the informal meeting. 1.Informal. Initially, the grieving employee shall on a personal face-to-face basis discuss his/her complaint with his/her immediate supervisor informally. Within fifteen (15) calendar days, the supervisor shall give his/her decision to the employee orally. 17.b Packet Pg. 394 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 6 2.Formal Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within fifteen (15) calendar days of being informed of the supervisor’s informal decision. Within fifteen (15) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within fifteen (15) calendar days after receipt of the written grievance. Step 2. Meet with Division Head. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the division head, who may follow the steps outlined in Step 1 above. In any event, the division head shall give a written decision to the employee within fifteen (15) calendar days after receipt of the grievance. Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendar days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendar days to the Director of Human Resources. Step 4. Review by the Director of Human Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendar days from the date of delivery of said answer. The Director of Human Resources or his/her designee shall meet with the employee, and if the employee desires, the designated union representative within fifteen (15) calendar days after receipt of the appeal. The designated City representative shall deliver his/her answer in writing to the employee within fifteen (15) calendar days after the meeting. Step 5. Final Step. a.If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or his/her designated representative within fifteen (15) calendar days from the date of delivery of said answer. State in writing the complaint and the desired result. b.The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by PERB, whose decision shall be advisory to the City Manager. c.The City Manager or his/her designated representative shall deliver his/her answer in writing within fifteen (15) calendar days after receipt of the hearing officer’s advisory decision. d.The decision of the City Manager or his/her designated representative is final and binding on all parties, unless reversed by a court decision. 17.b Packet Pg. 395 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 7 e.All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievances. Section 5 -- Employee Representatives When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentati on. The representative shall be allowed reasonable time therefor during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep each January. The City shall recognize a ratio of one (1) Job Rep for every 50 permanent employees in the unit, but not less than five (5). Job Reps shall include. One (1) from Detective Bureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics. Section 6 -- Investigation Rights When an employee is under investigation and subjected to interrogation by his/her commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment. The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member. For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Commission shall retain jurisdiction of final disposition of the disciplinary action. The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth. If an employee on the graveyard shift wishes to appeal a disciplinary action to the Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Personnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command. 17.b Packet Pg. 396 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 8 The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.). Lawful Exercise of Rights; Insubordination; Administrative Appeal. A. No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance. Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination. B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal. Section 7 -- Non-Discrimination The provisions of this agreement shall be applied equally by the City and the Police Association to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, marital status, sexual orientation, political or religious opinions or affiliations or Association membership. Further, there shall be no discrimination against qualified individuals with disabilities as defined in the Americans With Disabilities Act of 1990 (ADA), when those individuals do not pose a risk to the health or safety of themselves or others. Section 8 -- Personnel Files No member shall have any comment adverse to his/her interest entered in his/her personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating he/she is aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to and accompany the adverse comment. In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures. Section 9 -- Political Activities Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity. 17.b Packet Pg. 397 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 9 Section 10 -- Use of City Resources The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association. The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices. A. Scheduled Association meetings, agenda and minutes; B. Information on Association elections and results; C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors; E. MOU, pay scales, job announcements, promotion lists, etc. Such other items as may be approved by the department management upon request of the department. Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory. Section 11 -- Employer-Employee Relations Committee ARTICLE III -- COMPENSATION Section 1 -- Salaries The City shall implement across the board base salary increases of two and seven-tenths percent (2.7%) for all represented classifications, effective the first full pay period following: September 1, 2021, July 1, 2022, July 1, 2023 and July 1, 2024. Section 2 -- PERS/Retirement Plan A. Retirement Benefits. SBPOA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows. Tier I. Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit; 17.b Packet Pg. 398 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 10 Tier II. CalPERS “Classic members: hired on or after September 1, 2011 shall receive a 3% @ 55 retirement benefit; Tier III. CalPERS “New Members” hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA); Tier IV. CalPERS “New Members” hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA. B. Required Bargaining Unit Member Contributions. CalPERS classic members shall contribute 12% of compensation earnable as member contributions toward their retirements. CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30. C. In accordance with Government Code § 21624 and § 21635, the “post survivors retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees. D. For Tier I and Tier II employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS . Section 3 -- Overtime A. Policy. It is the policy of the City to discourage overtime, except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assign overtime evenly among the employees with similar skills or assignments. B. Definition. Overtime is defined as all compensable hours in excess of the regularly scheduled workday or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes. C. Compensation. An employee who works overtime authorized by the department shall be compensated at time-and-a-halt Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case, overtime will be paid on the next regular payday after such computation can be made. The employee may decide that he/she be paid for the overtime or accumulate such overtime at time-and-a-halt Such determination must be made at the time the employee submits the overtime slip. Overtime compensation for details or assignments outside the normal budgetary process or that are funded through grant funds shall be compensated in cash. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee. 17.b Packet Pg. 399 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 11 D. Accumulated overtime shall not exceed 240 hours. Effective July 1, 2015, all compensatory time shall be capped at 240 hours. Any compensatory time in excess of 240 hours shall be placed in a separate bank (Excess Comp Time Bank “ECT”) and shall be cashed out as follows. •October 15, 2015 paycheck = 25% •January 15, 2016 paycheck = 25% •April 15, 2016 paycheck = 25% •July 15, 2016 paycheck = 25% Any SBPOA unit members who separate prior to July 15, 2015, shall be paid for all unused compensatory time in full. For the October 15, 2015 payment, the City Manager has the discretion to cash out more than 25% so long as it does not bring the SBPOA member below the 240 cap. All accumulated compensatory time shall be paid to a unit member upon promotion of the member. Requests for use of accumulated overtime made fourteen (14) days in advance of the time requested, will be granted unless a public safety issue or serious deployment issue arises. E. Daylight Savings Time. Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will not be compensated for that hour. Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will not be deducted one (1) hour of compensation time. If employees are required to work beyond their standard end of shift, employees will be compensated at their normal overtime rate. Section 4 -- Assignment to Higher Position An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the same step for the higher classification (e,g., 5th step detective would be paid 5th step sergeant) or 5% above their current compensation, whichever is greater. In no event shall the base salary exceed the top step of the higher classification in which the employee is acting. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. Substantive addition of duties of a higher-level classification to an employee’s budgeted position should be considered for a classification study. Employees in the Police Officer classification who are assigned as a Field Training Officer for one week or longer shall receive Field Training Officer pay. Such pay shall be equal to the difference between the top step of the Police Officer classification and the top step of the Detective/Corporal classification. 17.b Packet Pg. 400 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 12 Section 5 -- On-Call/Call-Back/Standby A. On-Call/Call-Back. An employee placed in an “on-call” status by Police management will receive four (4) hours pay for all or any portion of a 24-hour day. On-call status shall start at the end of the employee’s scheduled workday and at 0800 hours for employees on a scheduled day off. Four (4) personnel will be placed in an on-call status for the purpose of homicide investigations. These personnel, consisting of three (3) investigators and one (1) supervisor, will be compensated with one (1) hour of overtime, equal to time-and-a-half of their current rate of pay. Periods of time for on-call will be established by the department to coincide with the needs of the investigations division. For all unit members (other than homicide investigation personnel noted above), compensation for those called back after the end of their scheduled workday will be a one (1) hour minimum at time-and-a-half, as applicable. Whether or not the time an employee is on-call need be counted as compensable working time depends upon the employee’s freedom while on-call, as defined by the Fair Labor Standards Act (FLSA). B. Standby. In the event an employee is placed on standby for a court subpoena, the employee will receive three (3) hours’ standby pay. If the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three (3) hours’ standby. If the employee has to appear after the noon recess, any additional time will be added to the three (3) hours’ standby. In cases where the subpoena is for 1330 hours or another time, the standby will start with the time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee’s time will be computed at the amount of time between the time of the subpoena and 1700. Employees will receive a half-hour (1/2) travel time for going to court. If an employee works graveyard shift and has an 8. 00 a.m. court appearance; the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked. In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked. Section 6 -- Educational Incentive All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below. A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate; or, 17.b Packet Pg. 401 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 13 B. Two hundred fifty dollars ($250) additional compensation per month shall be paid each employee who has obtained a POST Advanced Certificate. As of January 1, 2022 the amount will be increased to four hundred fifty dollars ($450); effective July 1, 2022 to five hundred dollars ($500); effective July 1, 2023 to six hundred fifty dollars ($650); and effective July 1, 2024 to seven hundred dollars ($700); or, C. Two hundred seventy-five dollars ($275) additional compensation per month shall be paid to each employee who has obtained a POST Supervisory Certificate. Section 7 -- Court Fines The City shall pay for court fines imposed upon each member as a result of his/her conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. Section 8 -– Special Skills Pay A. Bilingual Pay. Effective the first full pay period of October 2021 each full-time employee who passes the City’s bilingual proficiency exam shall be compensated as follows: $171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants. The City shall reserve the right to determine languages for which testing will be conducted. B. Canine Pay. Effective the first full pay period of October 2021, Canine handlers shall be paid a special assignment pay of $342/month for police officers, $426/month for corporals/detectives and $486/month for sergeants. C. Motors Pay. Effective the first full pay period of October 2021, Motors shall be paid a special assignment pay of $342/month for police officers, $426/month for detectives/corporals and $486/month for sergeants. D. SWAT Pay. Effective the first full pay period of October 2021, members of the SWAT team shall be paid a special assignment pay of $171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants. E. Mounted Unit Pay. Effective the first full pay period of October 2021, employees in the Mounted Unit shall be paid a special assignment pay of $171/month for police officers, $213/month for detectives/corporals and $241/month for sergeants. F. Shift Differential Pay. Effective the first full period after July 1, 2021, employees whose regularly assigned work shift starts at 5p.m. or later, shall be paid shift differential pay of $171/month for police officers, $213/month for detectives/corporals and P3 $241/month for sergeants. Section 9 – Longevity Pay 17.b Packet Pg. 402 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 14 Effective July 1, 2024 each employee with twenty (20) or more years of service to the City shall receive longevity pay of two hundred sixty eight dollars ($268) per month. ARTICLE IV -- FRINGE BENEFITS Section 1 -- Health/Life Insurance - Active Employees A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows. The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employee. Any contribution not utilized by the employee shall revert to the City. Effective the first pay period of July 2021, City’s monthly contributions towards employees’ cafeteria benefits shall be as follows: $656.00 for employee only, $1,289.00 for employee plus one and $1,724.00 for Family coverage. For the term of this Agreement, only, should the cost of the Kaiser rate exceed the City’s contribution, the City shall increase its contribution to match the Kaiser premiums. B. Insurance benefits available for purchase by employees include. medical, dental, vision, and supplemental life and accidental death and dismemberment insurance. However, City contributions cannot be used for any voluntary benefits offer to members through Colonial Life. C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above. D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B. E. Effective January 1, 2007, the City shall provide each employee with $25,000 term life insurance and $25,000 Accidental Disability and Dismemberment (AD&D). F. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty. G. Enrollment in City insurance plans is subject to the regulations availability established by each plan’s provider. H. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties 17.b Packet Pg. 403 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 15 acknowledge that the stipend for calendar year 2015 is $ 2,000 and the City has set the stipend for calendar year 2016 at $ 2,500. I. The SBPOA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. J. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the Personnel Commission. Section 2 -- Rain Gear/Utility Uniforms/Uniform Allowance A. Rain Gear. The City shall continue its current method to provide appropriate duty rain gear for personnel. B. Utility Uniforms. Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle available for use at all times. C. Uniform Allowance. Once each fiscal year, each employee in the bargaining unit shall receive an annual uniform allowance of $950 to be paid in a lump sum amount during the first pay period of March. New employees must wait until the first pay period of March to receive their annual uniform allowance. Section 3 -- Books and Tuition Allowance The City will continue under its formalized procedures to pay tuition costs for members who complete prior-approved, job related courses of instruction, which will increase their value to the City. Grades must be consistent with the City’s policy. Courses must be taken at an accredited school. The amount of reimbursement shall be equivalent of tuition costs for up to six (6) units per quarter as charged by the California State University, San Bernardino, or up to one-and-a-half (1- 1/2) times that amount, if based on a semester system. The Director of Human Resources will recommend approval or disapproval, based on the availability of budgeted funds for tuition assistance. Reimbursement for books required for the approved course or courses may be authorized by the Chief at the time reimbursement for tuition is requested. See Exhibit 1 - Department of Director Letter (DDL) No. 48, Educational Reimbursement Processing. Section 4 -- Deferred Compensation The City shall continue to sponsor a Deferred Compensation Plan, which shall be available to employees on a voluntary basis. Unspent “cafeteria” contributions may not be diverted into a deferred compensation or like plan. 17.b Packet Pg. 404 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 16 Section 5 -- Safety Equipment A. New employees who are required to have safety equipment will be furnished same on a one-time basis, including safety equipment hardware, leather and safety vests. B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue. (1) safety helmet; (1) pair of boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1. C. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at his/her expense. Upon reassignment or separation from the department, these items shall be returned to the City. The City Director of Finance shall have direct control over the purchase, issue and replacement of the above-described items. The Chief shall certify in writing to the Director of Finance as to an individual’s entitlement. Section 6 -- Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or repairing personal property of an employee, which is lost or damaged in the performance of duty as provided in Department Director Letter (DDL) No. 33, Reimbursement or Repair of Lost or Damaged Items of Personal Property of City Employees, dated April 17, 1989, and revised August 29, 2003. Section 7 -- Service Pins Employees of the City of San Bernardino shall be awarded service pins upon completion of each of the following period of years of continuous loyal service. 5 years 10 years 15 years 20 years 25 years and over Years of service shall be deemed to include all continuous loyal employm ent for the City of San Bernardino. Award of service pins for the above-designated service shall be made as soon as may be practicable after the employee has completed the required period of employment. Service pins shall be of such design as approved by the Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino. 17.b Packet Pg. 405 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 17 ARTICLE V -- LEAVES Section 1 -- Pre-Petition Leave Banks The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditor pool and will not be available for cash-out (or the cash equivalent) by the SBPOA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under th e City’s Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves. With the exception of post-petition vacation accrual, all post-petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any agreement reached by the parties as to the implementation of this section will be memorialized in a side letter. Section 2 -- Vacations A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows. *Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued, if service is less than one year. B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post-petition vacation since his last anniversary date, payment shall be made to the employee for the earned portion of his vacation. Vacation leave will continue to accrue in accordance with Section A (above). Prior to the final approval and the effective date of the City’s Plan of Adjustment by the Bankruptcy court, all post-petition vacation accruals shall be paid in accordance with Resolution 2014-158, adopted by the Mayor and Common Council on June 16, 2014. Completed Years of Continuous Service* Rate of Accrual Per Pay Period Equivalent Hours Per Year 1 year** 3.0769 hours 80 hours 5 years 4.6153 hours 120 hours 15 years 6.1538 hours 160 hours 20 years 7.6923 hours 200 hours 17.b Packet Pg. 406 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 18 Calculation of payment earned vacation or deduction for unearned vacation upon termination shall be made in accordance with the wage rate in effect on the final day of employment. C. When an employee returns to work after a break in “continuous service,” and when such break in continuous service shall have been by leave of absence with approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. D. Whenever the terms “years or years of employment” appear herein, it shall be deemed to include all services for the City of San Bernardino. E. If an employee leaves the City service prior to the completion of the year in which he/she used such leave, a deduction will be made from such employee’s final paycheck for the unearned portion of such vacation. Employees shall not be allowed to use unearned vacation time. F. Vacation credits may accrue and accumulate for a maximum of two (2) years’ total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, subject to approval of the Chief. G. Compensation for vacation other than for earned vacation at the time of termination of employment shall be limited to the amount normally earned during regularly assigned working time. H. Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition vacation and holidays to the City. The Chief will approve or disapprove a member’s request for sellback. An eligible employee shall notify the City by August 1 of his/her request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September. I. In the event that an employee is compensated for less than 50 percent of the total number of work hours in the pay period, he/she shall not accrue vacation hours for that period. J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of Article V, Section (2) I. Section 3 -- Holidays A. Employees shall be entitled to 10 City-designated holidays, the equivalent of 100 holiday hours each year, as listed below. New Year’s Day Memorial Day Independence Day Labor Day 17.b Packet Pg. 407 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 19 Veteran’s Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year’s Eve Additionally, employees shall be entitled to one ten (10) hour floating holiday effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time. B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief. C. All full-time employees with the exception of those employees shown in the following paragraphs shall be allowed the above holidays at full pay when such holidays occur within the regular assigned working period, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for employees to work on any of the City-designated holidays, ten (10) hours shall be placed in their holiday account. D. Upon separation from the City, employees shall be paid for 80% of his/her current holiday account balance. E. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays. F. Employees may accrue a maximum of 120 hours in their holiday bank. Section 4 -- Sick Leave A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means. husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-in-law; sister-in- law; brother-in-law; daughter-in-law; or son-in-law. B. Not more than one-half (1/2) of an employee’s annual sick leave accrual within any calendar year may be granted to an officer or employee for the care of or attendance upon members 17.b Packet Pg. 408 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 20 of his immediate family. Not more than 40 hours of sick leave may be granted to an officer or employee for each absence due to death of a member of his immediate family as defined above. C. No absence due to illness or injury in excess of 40 hours shall be approved except after the presentation of satisfactory evidence of illness or injury; and, a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Chief and shall be subject to his approval concerning said absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by the County Health Officer or other designated physician, and in the event of an adverse report, to reject such claim for sick leave in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor and Common Council shall have the right to require the presentation of a certificate from a practicing physician or the County Health Officer stating that an officer or employee is physically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work. D. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one work day, the employee may be required to file a physician’s certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence. E. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right, which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. F. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty. G. Whenever the term “service of City” appears herein, it shall be deemed to include all service of the City of San Bernardino. H. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury other than that which is compensable under Article V, Section 6, Injury Leave, of this MOU, shall receive their full salary, wages or compensation for a period of one (1) day for each month of continuous service, provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated sick leave. I. Sick leave accruals and payouts (Section 5 below) shall only include post -petition sick leave accrued after August 1, 2012. An employee may only accrue a maximum of 1040 hours of sick leave. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. Employees will not be allowed to use unearned sick leave. 17.b Packet Pg. 409 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 21 J. The 48 hours of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately 4.0 hours per pay period. In the event that an employee works less than 50 percent of the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the 4.0 hours of sick leave. K. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Section 5 -- Payment for Unused Sick Leave A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused post-petition sick leave, subject to the restrictions and conditions as set forth below. B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous service with the City of San Bernardino, compensation will be seventy-five percent (75 %) of all accumulated and unused post-petition sick leave. C. For the purpose of this section, the “retirement” shall have the meaning ascribed to it and the definition therefore as set forth in Section 20060 of the Government Code. D. Any conversion of sick leave resulting from industrial disability will be provided to an employee in accordance with applicable provisions of the Labor Code. E. Each fiscal year an employee may elect to receive payment in lieu of accrued post- petition sick leave, provided such employee has used 32 hours or less of post-petition sick leave during the fiscal year ending June 30th. 1.An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees on the first payday in September. 2.An employee receiving such pay shall receive at the then current salary rate pay for one-fourth (1/4) of the number of hours of post-petition sick leave accrued, less those hours used for the fiscal year period. The employee’s accrued post-petition sick leave shall be reduced by the number of post- petition sick leave hours for which pay is provided. F. At the time of separation from service, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of unused post- petition sick leave. At the time of separation from service, any employee having 20 years of continuous service with the City of San Bernardino, may cash out up to 75% of unused post - petition sick leave. 17.b Packet Pg. 410 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 22 G. Subsections B and F above shall be interpreted to provide a payout of unused sick leave pursuant to the following schedule” Years of Service Payment of Unused Sick Leave Less than five (5) No payment of unused sick leave Five (5) 50%, unless dismissed or resigned with prejudice Fifteen (15) 50% Twenty (20) 75% Section 6 -- Injury Leave Employees will have a choice of doctor on work-related injury, in accordance with existing State Labor Code. The parties understand that Association may submit the issue of the applicability of California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. When injury is sustained in the course and scope of employment with the City, said employee shall be compensated under the provisions of the Workers’ Compensation Insurance and Safety Act of California and not under the provisions of the MOU; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6. Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty. The Parties further agree to meet and consult over an injury leave policy that minimally outlines non-industrial injuries being offered light duty assignments. Section 7 -- Leave of Absence Without Pay A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. The Mayor and Common Council may grant leave of absence without pay for a period not to exceed six (6) months, upon the positive recommendation of the Chief and the City Manager. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result. increased job ability, protection or improvement of the employee’s health, retention of a desirable employee or furtherance of a program in the interest of the City. Examples or conditions for which a leave of absence without pay may be granted are. 17.b Packet Pg. 411 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 23 1.For an employee who is a disabled veteran requiring medical treatment. 2.For an employee who is temporarily mentally or physically unable to perform his duties. 3.For an employee who files for or assumes elected office. 4.For maternity or paternity leave, upon the recommendation of the attending physician. 5.For military leave when the employee has less than one (1) year of service to qualify for leave with pay. B. An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee’s anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation. C. The City’s contribution towards an employee’s health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month, nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City’s contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the premiums must be made to the payroll section prior to the date on which the City’s participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or his employment with the City is terminated. D. Upon an employee’s return to work, the City’s contribution towards the employee’s health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the 1st and 15th days of the month, or on the 15t day of the next succeeding month if the leave of absence without pay terminates after the 15th day of the month. E. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City. F. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts. Section 8 -- Military Leave 17.b Packet Pg. 412 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 24 A. An employee who shall enter the Armed Forces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to leave of absence without pay during such service and for a period of 90 days thereafter. Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01, which currently provides in part as follows. “Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service.” C. All persons appointed to fill such position during war or such national emergency shall be temporary appointees only. D. In the event of circumstances, which require reserve “call-up,” the City will meet and confer with the POA over the impact of the call-up on unit members. ARTICLE VI -- WORKING CONDITIONS Section 1 -- Work Schedules The standard workday represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee’s assigned shift. A regularly scheduled tour of duty, which commences before midnight and ends the following day, shall be reported for payroll purposes as time worked for the day in which the tour of duty began. Work schedules shall be as defined herein, except as otherwise provided for A. 5/40 Work Schedule. The 5/40 work schedule shall consist of a 40-hour workweek consisting of five (5), eight- (8) hour workdays, exclusive of any meal periods assigned by management. B. 9/80 Work Schedule. The 9/80 work schedule shall consist of 80 work hours in a two (2) week period, consisting of eight (8), nine- (9) hour work days and one (1), eight (8) hour work day, exclusive of any meal periods assigned by management. 17.b Packet Pg. 413 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 25 C. 4/10 Work Schedule. The 4/10 work schedule shall consist of a 40-hour workweek consisting of four (4), ten- (10) hour workdays, exclusive of any meal periods assigned by management. Since the four-day, ten-hours-per-day plan (4/10) has been a successful method of operation in the Patrol Division, it shall continue with exceptions of special details within that Division. A. Work Schedule Adjustment. It is recognized that during the term of this agreement, it may be necessary for management to make changes in the work schedule to meet the needs of the service, based on the results of a management audit and/or other circumstances that may arise. Any shift schedule changes are subject to the meet and confer process. Except for emergencies or in case of special needs where management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit and where the Association requests to meet with management, the parties shall expeditiously undertake to consult, as provided by Section 350 et. Seq., of the California Government Code regarding the impact the change would have on the employees of the unit. In cases of special needs where it would be advantageous to make temporary changes to the regularly assigned shift of some personnel, the Department will make a good faith attempt to give one (1) week advance notice to the affected employee(s). The Department will not make special needs changes that result in the disruption of consecutive work days. It is recognized that it may be necessary for management to make unscheduled temporary changes to regularly assigned shifts based on emergencies or matters of public safety. B. Lunch Hours. Only officers in Patrol will be allowed to take paid meal breaks. Section 2 -- Shift Change Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the unit should be allowed to exchange time with other employees of equal rank on the following basis. A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees. B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. C. Time exchanged may be by one standard workday or by a half (1/2) standard workday. D. Time exchanged shall be repaid by one standard workday or by a half (1/2) standard workday, within a seven- (7) day period. E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime. 17.b Packet Pg. 414 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 26 Section 3 -- Probationary Period The probationary period for positions in this unit shall be 12 months from the date of hire. Section 4 -- Seniority Seniority is herein defined to be an employee’s length of service with no break in service within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification. Section 5 -- Reemployment An employee who has terminated City employment and who is subsequently rehired in the same classification in a regular position within a 90-day period may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. Section 6 -- Physical Examinations The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City. ARTICLE VII -- GENERAL PROVISIONS Section 1 -- Term The Term of this Agreement shall be five (5) years, commencing on July 1, 2020 through June 30, 2025. Section 2 -- Notice of Intent to Reopen Commencing on January 1, 2020, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non-economic issues. Section 3 -- Housing Incentives During the term of this Agreement, the City shall provide HUD housing incentives to officers wishing to purchase homes within the City of San Bernardino (“Community Revitalization Program”). Such incentives shall represent a 50% discount from the list price of the home. All participants in this program must commit to live in the property for three (3) years. The City shall provide to the SBPOA a summary of the terms of this Community Revitalization Program. Section 4 -- Recruitment Obligations The City and the SBPOA acknowledge that there has been significant attrition of police safety members and that coming to an agreement on the essential terms and conditions of employment is the first step in stabilizing the San Bernardino Police Department. In recognition 17.b Packet Pg. 415 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 27 of the need to rebuild the Department, the SBPOA agrees that, as a condition of an agreement to the economic terms, it will actively participate in the formulation and implementation of an aggressive recruitment campaign to attract new hires and lateral police officers. Section 5 -- Per Diem/Reimbursement Policy The City and the unit agree to meet and consult over an expense reimbursement policy that minimally outlines when and how expenses are approved, who approves, how expenses are submitted, the deadline for submitting an expense, and how they are paid. The City shall pay employees per diem rates for authorized travel and lodging related to attendance at schools, training, and other approved work related duties. Per diem rates will include meals and mileage to be determined by location and destination of the school or business attended and in accordance with the guidelines the U.S. General Services Administration. The rates are periodically updated and are set by the destination / location of the school or business location being attended. The current rate information can be found at www.qsa.qov. No receipts will be required for the per diem. And all requests must be submitted within 45 days upon completion of the authorized travel. The City of San Bernardino will arrange for and pay the employee’s lodging expenses. Lodging receipts will be submitted to the City by the travelling employee. Additional expenses (such as parking, rental vehicles, ancillary duty costs) will be reimbursed by the City of San Bernardino upon the employee submitting receipts for such job related costs. Requirements for receiving reimbursement for these expenses will be provided in the City of San Bernardino’s Department/Director Letter, No. 32. Section 6 -- Severability If any provision of the MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state, or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections, and portions. Section 7 -- Waiver Clause The City and the Association for the life of the M0U each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered by this MOU. Section 8 -- Prevailing Benefits 17.b Packet Pg. 416 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 28 All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this MOU shall remain in full force during the term of this MOU, unless changed by mutual consent. Section 9 -- Dispute Resolution The Parties acknowledge that there are terms and conditions set forth above which may not be resolved by mutual agreement. The Parties agrees that in the event any disputes cannot be resolved, such disputes shall be submitted to the Honorable Judge Gregg Zive for resolution. REFERENCES During the term of this Memorandum of Understanding (MOU), the attached Resolution and Department/Director Letters (DDL) may be modified. Official documents will be located in the City Manager’s Office. 17.b Packet Pg. 417 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 29 POLICE SAFETY EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2020-2025 ___________________________________ Robert D. Field, City Manager City of San Bernardino _____________________________________ Brian Lewis, President San Bernardino Police Officers’ Association ATTEST: __________________________________ Genoveva Rocha, City Clerk Approved as to form: ___________________________________ Sonia Carvalho, City Attorney 17.b Packet Pg. 418 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 POLICE SAFETY EMPLOYEES MEMORANDUM OF UNDERSTANDING JULY 1, 2015 2020 TO JUNE 30, 2020 2025 CITY OF SAN BERNARDINO 17.b Packet Pg. 419 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 TABLE OF CONTENTS Page i ARTICLE I - - ADMINISTRATION ............................................................................................ 1 Section 1 - - Definition of Terms ....................................................................................... 1 Section 2 - - Management Rights....................................................................................... 2 Section 3 - - Mutual Aid .................................................................................................... 3 Section 4 - - Agency Personnel Rules................................................................................ 3 Section 5 - - Employees’ Rights ........................................................................................ 3 ARTICLE II - - EMPLOYER-EMPLOYEE RELATIONS .......................................................... 4 Section 1 - - Recognition ................................................................................................... 4 Section 2 - - No Strike ....................................................................................................... 4 Section 3 - - Payroll Deductions ........................................................................................ 4 Section 4 - - Grievance Procedure ..................................................................................... 4 Section 5 - - Employee Representatives ............................................................................ 8 Section 6 - - Investigation Rights....................................................................................... 8 Section 7 - - Non-Discrimination ....................................................................................... 9 Section 8 - - Personnel Files ............................................................................................ 10 Section 9 - - Political Activities ....................................................................................... 10 Section 10 - - Use of City Resources ............................................................................... 10 Section 11 - - Employer-Employee Relations Committee ............................................... 12 ARTICLE III - - COMPENSATION ........................................................................................... 12 Section 1 - - Salaries ........................................................................................................ 12 Section 2 - - PERS/Retirement Plan ................................................................................ 12 Section 3 - - Overtime ...................................................................................................... 13 Section 4 - - Assignment to Higher Position ................................................................... 14 Section 5 - - On-Call/Call-Back/Standby ........................................................................ 14 Section 6 - - Educational Incentive .................................................................................. 15 Section 7 - - Court Fines .................................................................................................. 16 Section 8 - - Special Skills PayBilingual Pay .................................................................. 17 Section 9 -- Longevity Pay ……………………………………………………………14 ARTICLE IV - - FRINGE BENEFITS ........................................................................................ 17 Section 1 - - Health/Life Insurance - Active Employees ................................................. 17 17.b Packet Pg. 420 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 TABLE OF CONTENTS (continued) Page ii Section 2 - - Rain Gear/Utility Uniforms/Uniform Allowance ....................................... 19 Section 3 - - Books and Tuition Allowance ..................................................................... 20 Section 4 - - Deferred Compensation............................................................................... 20 Section 5 - - Safety Equipment ........................................................................................ 20 Section 6 - - Replacing/Repairing Personal Property ...................................................... 20 Section 7 - - Service Pins ................................................................................................. 21 ARTICLE V - - LEAVES ............................................................................................................ 21 Section 1 - - Pre-Petition Leave Banks ............................................................................ 21 Section 2 - - Vacations ..................................................................................................... 22 Section 3 - - Holidays ...................................................................................................... 23 Section 4 - - Sick Leave ................................................................................................... 24 Section 5 - - Payment for Unused Sick Leave ................................................................. 25 Section 6 - - Injury Leave ................................................................................................ 26 Section 7 - - Leave of Absence Without Pay ................................................................... 27 Section 8 - - Military Leave ............................................................................................. 28 ARTICLE VI - - WORKING CONDITIONS ............................................................................. 29 Section 1 - - Work Schedules........................................................................................... 29 Section 2 - - Shift Change ................................................................................................ 30 Section 3 - - Probationary Period ..................................................................................... 30 Section 4 - - Seniority ...................................................................................................... 30 Section 5 - - Reemployment ............................................................................................ 31 Section 6 - - Physical Examinations ................................................................................ 31 ARTICLE VII - - GENERAL PROVISIONS ............................................................................. 32 Section 1 - - Term ............................................................................................................ 32 Section 2 - - Notice of Intent to Reopen .......................................................................... 32 Section 3 - - Housing Incentives ...................................................................................... 32 Section 4 - - Recruitment Obligations ............................................................................. 32 Section 5 - - Per Diem/Reimbursement Policy ................................................................ 32 Section 6 - - Release of Claims ........................................................................................ 33 Section 7 - - Severability.................................................................................................. 33 17.b Packet Pg. 421 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 TABLE OF CONTENTS (continued) Page iii Section 8 - - Waiver Clause ............................................................................................. 33 Section 9 - - Prevailing Benefits ...................................................................................... 33 Section 10 - - Dispute Resolution .................................................................................... 33 APPENDIX A .............................................................................................................................. 34 BANKRUPTCY PROVISIONS AND RELEASE OF CLAIMS ............................................... 34 REFERENCES ............................................................................................................................ 35 POLICE SAFETY EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2015 - 2021.............................................................................................................................................. 36 17.b Packet Pg. 422 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 1 ARTICLE I -- ADMINISTRATION Section 1 -- Definition of Terms Administration. Any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Appointing Authority The Chief of the San Bernardino Police Department. In the Chiefs absence, the Assistant Chief will be the appointing authority. Appropriate Unit Those positions recognized as belonging to the unit covered by the terms of this MOU. Association. The San Bernardino Police Officers’ Association (SBPOA). Chief. The Chief of Police of the City of San Bernardino. City. The City of San Bernardino. Continuous Service. Five-sixths (5/6) of the available compensable days within the 12-month period immediately preceding the date of the employee’s return to service. 217 days for employees working 8-hour shifts and 173 days for employees working 10-hour shifts. Department. The San Bernardino Police Department. Division. Any one of the major Divisions of the Department. Employee. All Safety Personnel within the classifications in this appropriate unit. Employee Organization. The San Bernardino Police Officers’ Association (SBPOA). Employer. Shall include the City of San Bernardino, and the City of San Bernardino Police Department. Gender. The masculine gender also includes the feminine. 17.b Packet Pg. 423 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 2 Mandatory and Permissive. “Shall” is mandatory, “may” is permissive. Years of Employment. Shall include all full-time services for the City of San Bernardino unless otherwise stated. Memorandum of Understanding (MOU). Shall mean the contractual obligation between the City and the employees of the Unit. Singular and Plural. The singular also includes the plural. Tense. The present tense shall also include the past and the future. Working Day. Eight (8) hours, unless otherwise stated. Section 2 -- Management Rights This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority which the City has prior to entering into this MOU, except to the extent that the provisions of the MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all rights, powers and authority under City Charter, Ordinances, Resolutions, State and Federal law, and expressly and exclusively to. determine the mission of its constituent departments, commissions and boards; set standards of selection for employment and promotion; direct its employees; establish and enforce dress and grooming standards; maintain the efficiency of governmental operations; determine the methods, means, numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used, provided that no such measures which threaten the safety of employees shall be adopted; determine and change the facilities, methods, technology, means, organizational structure, size and composition of the work force and allocate and assign work by which the City operations are to be conducted, provided however, that no such measures which threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City subject to all applicable meet and confer obligations; assign work to and schedule employees in accordance with requirements as determined by the City; and establish and change work schedules and assignments as set forth in the MOU; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards, including but not limited to, quality and quantity standards; carry out its mission in emergencies; and, exercise complete control and discretion over its organization and the technology of performing its work. 17.b Packet Pg. 424 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 3 Section 3 -- Mutual Aid Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this article be construed in any way to limit any jurisdictional or interagency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. Section 4 -- Agency Personnel Rules It is understood and agreed that there exists within the City the “Civil Service Rules and Regulations for the Classified Service”; Resolution No. 10584, Establishing Uniform and Orderly methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer Employee Relations, as amended. These documents will continue in effect, except for those provisions modified by the Common City Council in accordance with state or federal laws, orders, regulations, official instructions or policies. In the case of proposed changes by other than agreement, the City shall consult with the Association or meet and confer when required by statute. In cases of emergency, the Association and City will meet as soon as possible after the changes. Section 5 -- Employees’ Rights Employees shall have all the rights, which may be exercised in accordance with state law, federal law, the Charter and applicable ordinances, resolutions, rules and regulations. A. The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations. B. The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. C. The right to be free from interference, intimidation, restraint, coercion, discrimination or reprisal by other employees, employee organizations, management or supervisors as a result of their exercise of rights indicated in (A) and (B) above. 17.b Packet Pg. 425 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 4 ARTICLE II -- EMPLOYER-EMPLOYEE RELATIONS Section 1 -- Recognition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions and other terms and conditions of employment and of general representation of its members. The Association has been recognized formally as the majority representative of the appropriate unit composed of Police Officers and other sworn, non- management positions in the San Bernardino Police Department, including but not limited to, the following classifications. Police Officer; Juvenile Officer; Corporal; Detective; Senior Identification Inspector; and, Sergeant. These positions are recognized regardless of assignment, receipt of incentive pay or acting in a higher position. Section 2 -- No Strike It is the purpose of the MOU for the parties hereto, to confirm and maintain the spirit of cooperation, which has heretofore existed between the City of San Bernardino and the employee organization. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopardize the public health, welfare and safety of the City’s business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties of this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including but not limited to, “blue flu” or strikes, at any time during the term of this MOU. Section 3 -- Payroll Deductions It is agreed that the Association membership dues, insurance and premiums for plans sponsored by the Association shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association within 30 days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section. Section 4 -- Grievance Procedure A. Purpose. The City of San Bernardino and the Association realize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors 17.b Packet Pg. 426 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 5 and management. It is recognized that to maintain high employee morale and harmonious relations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions regarding employee complaints. The representative of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his/her standing with his/her supervisors or his/her loyalty as a City employee, nor be a reflection on the employee’s supervisor or the department involved, unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. B. Definition. A grievance is an alleged violation of the terms of this MOU or of the laws, ordinances, resolutions or regulations concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through appeals to the Civil Service Board Personnel Commission. However, nothing herein shall be interpreted as relinquishment of the rights set forth in City of San Bernardino Charter Sections 253, 254, and 255. Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. C. Representation. The aggrieved employee shall have the right to be represented. This representation may commence at any step in the grievance procedure. Legal counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless he/she so desires. If the employee’s legal counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the MOU. D. Consolidation of Grievances. In order to avoid the necessity of processing numerous similar grievances at one time, a single grievance may be filed. E. Time Limits Time limitations are established to settle a grievance quickly. Time limits may be modified by agreements of the parties. If at any stage of the grievance procedures the grievant is dissatisfied with the decision rendered, it shall be the grievant’s responsibility to initiate the action, which submits the grievance to the next level of review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. F. Steps in the Grievance Procedure. The procedures outlined herein constitute the informal and formal steps necessary to resolve an employee’s grievance. An attempt to settle the grievance in the informal structure at the employee-supervisor level is required. The grievance must be submitted to the informal step within ten sixty (1060) working days of the incident causing 17.b Packet Pg. 427 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 6 the grievance, or the grievant’s knowledge of the incident occurrenceor the grievance becoming aware of the event or act giving rise to the grievance. When a grievance is filed by the Association (as opposed to an individual), the initial grievance shall be filed at the Step 3 level, directly with the Chief of Police. Note. If the employee chooses to appeal disciplinary action to the Civil Service BoardPersonnel Commission, he/she shall be precluded from filing a grievance. The date and the subject of the incident should be provided with the request for the informal meeting. 1. Informal. Initially, the grieving employee shall on a personal face-to-face basis discuss his/her complaint with his/her immediate supervisor informally. Within ten fifteen (105) workingcalendar days, the supervisor shall give his/her decision to the employee orally. 2. Formal Step 1. Written Grievance to Supervisor. If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within ten fifteen (105) workingcalendar days of being informed of the supervisor’s informal decision. Within ten fifteen (150) working days of receiving the written notification of the employee’s grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within ten (10) working fifteen (15) calendar days after receipt of the written grievance. Step 2. Meet with Division Head. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendarten (10) working days to the division head, who may follow the steps outlined in Step 1 above. In any event, the division head shall give a written decision to the employee within fifteen (15) calendarten (10) working days after receipt of the grievance. Step 3. Meet with Chief. If the grievance has not been satisfactorily resolved at this level, it may be appealed fifteen (15) calendarwithin ten (10) working days to the Chief, who may follow the steps outlined in Step 2 above. In any event, the Chief shall give a written decision to the employee within ten (10) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within fifteen (15) calendarten (10) working days to the Director of Human Resources. Whenever a grievance is filed by the Association, the initial formal step shall be with the Chief. Step 4. Review by the Director of Human Resources. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within fifteen (15) calendarten (10) working days from the date of delivery of said answer. The Director of Human Resources or his/her designee shall meet with the employee, and 17.b Packet Pg. 428 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 7 if the employee desires, the designated union representative within fifteen (15) calendarten (10) working days after receipt of the appeal. The designated City representative shall deliver his/her answer in writing to the employee within fifteen (15) calendarten (10) working days after the meeting. 17.b Packet Pg. 429 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 8 Step 5. Final Step. a. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or his/her designated representative within ten (10) workingfifteen (15) calendar days from the date of delivery of said answer. State in writing the complaint and the desired result. b. The grievance shall then be heard by a neutral hearing officer selected by the Parties from a list provided by PERB, whose decision shall be advisory to the City Manager. c. The City Manager or his/her designated representative shall deliver his/her answer in writing within ten (10) workingfifteen (15) calendar days after receipt of the appealhearing officer’s advisory decision. d. The decision of the City Manager or his/her designated representative is final and binding on all parties, unless reversed by a court decision. e. All grievances shall be treated as confidential and no publicity will be given the final resolution of the grievances. Section 5 -- Employee Representatives When requested by an employee, a Job Representative (Job Rep) may investigate any alleged grievance in the department and assist in its presentation. The representative shall be allowed reasonable time therefor during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor, with the concurrence of the division or department head. The privilege of a Job Rep to leave work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time off or compensation for the purpose of handling grievances outside this unit. The Association shall notify the City of the names of each Job Rep each January. The City shall recognize a ratio of one (1) Job Rep for every 50 permanent employees in the unit, but not less than five (5). Job Reps shall include. One (1) from Detective Bureau; three (3) from Patrol; one (1) from MET/Traffic; and, one (1) from Narcotics. Section 6 -- Investigation Rights When an employee is under investigation and subjected to interrogation by his/her commanding officer or any other member of the department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer for purposes of punishment. 17.b Packet Pg. 430 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 9 The Police Department will make a good faith effort to conclude within 90 calendar days any investigation that could lead to discipline of a unit member. For disciplinary appeals, the member may request that a neutral hearing officer hear the matter and submit a proposed decision to the City’s Civil Service Board (“Board”). The Board may appeal to the Personnel Commission. The Commission shall review the decision and recommended discipline, and either adopt the findings and the disciplinary action in its entirety, modify the recommended disciplinary action, and/or request additional findings from the hearing officer. The Board The Commission shall retain jurisdiction of final disposition of the disciplinary action. The Police Department will exclude disciplinary action, which is not final in preparing performance evaluations. However, the Police Department retains the right to consider such disciplinary action, once finalized, in subsequent performance evaluations, ratings for promotions and so forth. If an employee on the graveyard shift wishes to appeal a disciplinary action to the Civil Service Board, Personnel Commission, the employee’s shift may be rescheduled to the day shift on the date of the Civil Service BoardPersonnel Commission meeting, provided that the shift change is for the disciplined employee only and the employee requests the shift change in advance through the chain of command. The City hereby adopts and incorporates herein by reference all provisions of the Public Safety Officers’ Procedural Bill of Rights (Government Code Section 3300, et. seq.). Lawful Exercise of Rights; Insubordination; Administrative Appeal. A. No employee shall be subjected to punitive action, or denied promotion, or be threatened with any such treatment because of the lawful exercise of the rights granted herein or the exercise of any rights under any existing administrative grievance. Nothing in this section shall preclude a head of an agency from ordering an employee to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination. B. No punitive action, nor denial of promotion on grounds other than merit, shall be undertaken by any public agency without providing the employee with an opportunity for administrative appeal. Section 7 -- Non-Discrimination The provisions of this agreement shall be applied equally by the City and the Police Association to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, marital status, sexual orientation, political or religious opinions or affiliations or Association membership. Further, there shall be no discrimination against qualified individuals with disabilities as defined in the Americans With Disabilities Act of 1990 (ADA), when those individuals do not pose a risk to the health or safety of themselves or others. 17.b Packet Pg. 431 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 10 Section 8 -- Personnel Files No member shall have any comment adverse to his/her interest entered in his/her personnel file as described in PC 832.8, or any other files used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating he/she is aware of such comment, except that such entry may be made if after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to and accompany the adverse comment. In all instances other than a written warning or commendation, the consultation reports will be purged from the supervisor’s file in compliance with departmental standard operating procedures. Citizen/internal complaints will be purged from the Internal Affairs files in compliance with the departmental Standard Operating Procedures. Section 9 -- Political Activities Except as otherwise provided by law or whenever on duty or in uniform, no employee shall be prohibited from engaging in or be coerced or required to engage in political activity. Section 10 -- Use of City Resources The Association may be granted permission to use department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Chief or a designated representative. The Association shall be held fully responsible for any damages to and the security of any facility that is used by the Association. The department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following notices. A. Scheduled Association meetings, agenda and minutes; B. Information on Association elections and results; C. Information regarding Association special, recreational and related bulletins; D. Reports of official business of the Association, including reports of committees or the Board of Directors; E. MOU, pay scales, job announcements, promotion lists, etc. Such other items as may be approved by the department management upon request of the department. 17.b Packet Pg. 432 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 11 Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized representative of the Association and should have prior written approval of the Chief or an authorized representative. Denial of approval shall not be arbitrary or capricious or discriminatory. 17.b Packet Pg. 433 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 12 Section 11 -- Employer-Employee Relations Committee Consistent with Section 5, the Association will designate five (5) representatives who will meet with representatives of Police administration on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and the employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally, such meeting shall be during regular working hours. ARTICLE III -- COMPENSATION Section 1 -- Salaries For each year that this Agreement is in effect, theThe City shall implement across the board base salary increases of monthly salaries of local safety members of the San Bernardino Police Department shall be increased by 3.5 two and seven-tenths percent (2.7%) for all represented classifications, effective the first full pay period on each of the following datesfollowing: . In addition, salary surveys shall be conducted annually, in accordance with the City Charter, Article X, Section 186 and consistent with the interpretation and methodology currently utilized by the City. In the event the annual salary survey determines that the salary for each classification surveyed exceeds 3.52.7%, the higher amount shall determine the salary for that classification only. Salary increases shall be effective August 1st in accordance with the City Charter as of September 1, 2021, July 1, 2022, July 1, 2023 and July 1, 2024. The provisions of this section shall continue during the term of this Agreement regardless of whether City Charter Section 186 is repealed or otherwise modified. Section 2 -- PERS/Retirement Plan A. Retirement Benefits. SBPOA members are provided retirement benefits under the Public Employee’s Retirement System (CalPERS) as follows. Tier I. Employees hired prior to September 1, 2011 shall receive a 3% @ 50 retirement benefit; Tier II. CalPERS “Classic members: Employees hired between on or after September 1, 2011 and December 31, 2012, or determined to be a Classic Member, shall receive a 3% @ 55 retirement benefit; Tier III. Employees CalPERS “New Members” hired between January 1, 2013 and December 31, 2015 shall receive a 2.7% @ 57 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA); Tier IV. Employees CalPERS “New Members” hired on or after January 1, 2016 shall receive a 2.5% @ 57 retirement benefit in accordance with PEPRA. B. Required Bargaining Unit Member Contributions. As of the effective date of this MOU, bargaining unit employees hired on or before December 31, 2012 (hereinafter referred to 17.b Packet Pg. 434 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 13 as legacy or classic employees), shall contribute through a payroll deduction, 9% toward the CaIPERS retirement costs. Effective July 1, 2016, legacy or classic members shall contribute through a payroll deduction, 9% toward the CalPERS retirement. Effective July 1, 2017, and for the remaining term of the MOU, legacy orCalPERS classic employees members shall contribute through a payroll deduction of 12% of compensation earnable as member contributions toward their retirements. Employees hired on or after January 1, 2013 (PEPRA Employees) CalPERS “new members” shall contribute member contributions of 50% of the normal costs in accordance with Government Code § 7522.30. C. In accordance with Government Code § 21624 and § 21635, the “post survivors retirement” benefit provided under the City’s contract with CalPERS shall be provided to all employees. D. For Tier I and Tier II legacy or classic employees, the final compensation period will be single highest year as provided under the City’s contract with CalPERS . Section 3 -- Overtime A. Policy. It is the policy of the City to discourage overtime, except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy, the Chief will make every effort to assign overtime evenly among the employees with similar skills or assignments. B. Definition. Overtime is defined as all compensable hours in excess of the regularly scheduled workday or 40 hours per week. All overtime shall be reported in increments of 15 minutes and is non-accumulative and non-payable when incurred in units of less than 15 minutes. C. Compensation. An employee who works overtime authorized by the department shall be compensated at time-and-a-halt Payment for overtime shall be made on the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case, overtime will be paid on the next regular payday after such computation can be made. The employee may decide that he/she be paid for the overtime or accumulate such overtime at time-and-a-halt Such determination must be made at the time the employee submits the overtime slip. Overtime compensation for details or assignments outside the normal budgetary process or that are funded through grant funds shall be compensated in cash. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee. D. Accumulated overtime shall not exceed 240 hours. Effective July 1, 2015, all compensatory time shall be capped at 240 hours. Any compensatory time in excess of 240 hours shall be placed in a separate bank (Excess Comp Time Bank “ECT”) and shall be cashed out as follows. 17.b Packet Pg. 435 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 14 • October 15, 2015 paycheck = 25% • January 15, 2016 paycheck = 25% • April 15, 2016 paycheck = 25% • July 15, 2016 paycheck = 25% Any SBPOA unit members who separate prior to July 15, 2015, shall be paid for all unused compensatory time in full. For the October 15, 2015 payment, the City Manager has the discretion to cash out more than 25% so long as it does not bring the SBPOA member below the 240 cap. All accumulated compensatory time shall be paid to a unit member upon promotion of the member. Requests for use of accumulated overtime made fourteen (14) days in advance of the time requested, will be granted unless a public safety issue or serious deployment issue arises. E. Daylight Savings Time. Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will not be compensated for that hour. Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will not be deducted one (1) hour of compensation time. If employees are required to work beyond their standard end of shift, employees will be compensated at their normal overtime rate. Section 4 -- Assignment to Higher Position An employee of the department temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive days shall receive the same salary for the higher rank to which he/she would be entitled, were he/she promoted to that rank during the period bottom same step base pay of for the higher classification (e,g., 5th step detective would be paid 5th step sergeant) or 5% above their current base paycompensation, whichever is greater. In no event shall the base salary exceed the top step of the higher classification in which the employee is acting in the higher rank. The Chief shall certify monthly as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. This article does not apply to a situation in which there is no vacant higher-level position for which funds have been appropriated. Substantive addition of duties of a higher-level classification to an employee’s budgeted position should be considered for a classification study. Employees in the Police Officer classification who are assigned as a Field Training Officer for one week or longer shall receive Field Training Officer pay. Such pay shall be equal to the difference between calculated by deducting the top step of the Police Officer classification from and the top step of the Detective/Corporal classification. Section 5 -- On-Call/Call-Back/Standby Formatted: Superscript Formatted: Superscript 17.b Packet Pg. 436 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 15 A. On-Call/Call-Back. An employee placed in an “on-call” status by Police management will receive four (4) hours pay for all or any portion of a 24-hour day. On-call status shall start at the end of the employee’s scheduled workday and at 0800 hours for employees on a scheduled day off. Four (4) personnel will be placed in an on-call status for the purpose of homicide investigations. These personnel, consisting of three (3) investigators and one (1) supervisor, will be compensated with one (1) hour of overtime, equal to time-and-a-half of their current rate of pay. Periods of time for on-call will be established by the department to coincide with the needs of the investigations division. For all unit members (other than homicide investigation personnel noted above), compensation for those called back after the end of their scheduled workday will be a one (1) hour minimum at time-and-a-half, as applicable. Whether or not the time an employee is on-call need be counted as compensable working time depends upon the employee’s freedom while on-call, as defined by the Fair Labor Standards Act (FLSA). B. Standby. In the event an employee is placed on standby for a court subpoena, the employee will receive three (3) hours’ standby pay. If the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three (3) hours’ standby. If the employee has to appear after the noon recess, any additional time will be added to the three (3) hours’ standby. In cases where the subpoena is for 1330 hours or another time, the standby will start with the time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee’s time will be computed at the amount of time between the time of the subpoena and 1700. Employees will receive a half-hour (1/2) travel time for going to court. If an employee works graveyard shift and has an 8. 00 a.m. court appearance; the employee will receive overtime pay for a minimum of one (1) hour. For all hours worked in excess of the one (1) hour, employees will receive overtime pay for actual time worked. In the event the employee is required to pay parking fees, the employee will be reimbursed. If employees are required to stay through noon recess, they will be paid for the actual time worked. Section 6 -- Educational Incentive All police officers shall be entitled to receive in addition to their regular salary and as may be appropriate, one of the levels of incentive payment as outlined below. A. Two hundred dollars ($200) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards Training (POST) Intermediate Certificate; or, B. Two hundred fifty dollars ($250) additional compensation per month shall be paid each police officeremployee who has obtained a POST Advanced Certificate. ,. As of January 1, 2022 the amount will be increased to four hundred fifty dollars ($450),; effective July 1, 2022 the 17.b Packet Pg. 437 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 16 amount will be increased to five hundred dollars ($500),; effective July 1, 2023 to six hundred fifty dollars ($650); and effective July 1, 2024 to seven hundred dollars ($700); or, ; or, C. Two hundred seventy-five dollars ($275) additional compensation per month shall be paid to each police officeremployee who has obtained a POST Supervisory Certificate. Section 7 -- Court Fines The City shall pay for court fines imposed upon each member as a result of his/her conviction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. 17.b Packet Pg. 438 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 17 Section 8 --– Special SkillsBilingual Pay Each full-time employee who meets the City’s certification and eligibility requirements shall be compensated at the rate of $50/month. The City shall reserve the right to determine languages for which testing will be conducted. A. Bilingual Pay. Effective the first full pay period after, of October 1, 2021 each full- time employee who meets the City’s certification and eligibility requirementspasses the City’s bilingual proficiency exam shall be compensated as follows: at the rate of $50$171/month for P1police officers, $213/month for P2 detectives/corporals and $241/month for P3sergeants. The City shall reserve the right to determine languages for which testing will be conducted. B. K9Canine Pay. Effective the first full pay period of October 1, 2021, K9 Canine handlers shall be paid a special assignment pay of P1 officers shall be compensated an additional rate of $342/month for police officers, K9 P2 $426/month for corporals/detectives and K9 P3 $486/month for sergeants. C. Motors Pay. Effective the first full pay period of October 1, 2021, Motors P1 officers shall be paid a special assignment pay of shall be compensated an additional rate of $342/month for police officers, Motors P2 $426/month for detectives/corporals and Motors P3 $486/month for sergeants.. D. SWAT Pay. Effective the first full pay period of October 1, 2021, members of the SWAT team shall be paid a special assignment pay of P1 officers shall be compensated an additional rate of $171/month for police officers, SWAT P2 $213/month for detectives/corporals and SWAT P3 $241/month for sergeants. E. Mounted Unit Pay. Effective the first full pay period of October 1, 2021, employees in the Mounted Unit shall be paid a special assignment pay of P1 officers shall be compensated an additional rate of $171/month for police officers, Mounted P2 $213/month for detectives/corporals and Mounted P3 $241/month for sergeants. F. Shift Differential Pay. Effective the first full period after July 1, 2021, employees whose regularly assigned weekly work shift starts at 5p.m. or later, shall be paid shift differential pay of at an additional rate of P1 $171/month for police officers, P2 $213/month for detectives/corporals and P3 $241/month for sergeants. Section 9 – Longevity Pay Effective July 1, 2024 each employee with twenty (20) or more years of service to the City shall receive longevity pay of two hundred sixty eight dollars ($268) per month. ARTICLE IV -- FRINGE BENEFITS Section 1 -- Health/Life Insurance - Active Employees 17.b Packet Pg. 439 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 18 A. During the term of this agreement the City’s Contributions for Healthcare benefits shall be as follows. 1. For Plan Year (Calendar Year) 2015, the City shall contribute $855.38 per month toward health premiums for the Employee + One dependent or Family coverage. For calendar year 2015, the City shall contribute $ 508.21 per month toward health premiums for employees with Employee Only coverage. 2. For Plan Year (Calendar Year) 2016, the City’s contribution toward healthcare premiums will be paid at 100% for Employee Only; 85% for Employee + One; and 75% for Employee + Family, using the Kaiser premium amount then in effect. B. Thereafter, the City and the SBPOA will share, on a 50-50 basis, the dollar increases to the Kaiser premiums for the next two Plan Years (2017 and 2018). C. During Plan Years four (2019) and five (2020) of this MOU, the 50-50 cost sharing of the increased Kaiser premiums would be continued, however, the City’s contribution during the last two (2) Plan Years would be capped at 3% per year. At the end of the MOU, the 3% cap will sunset, unless otherwise modified by the City and the SBPOA. The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is given to the employee. Any contribution not utilized by the employee shall revert to the City. Effective the first pay period of July 2021, City’s Kaiser monthly contributions towards employees’ cafeteria benefits shall be as follows:shall be as follows, $656.00 for employee only, $1,289.00 for employee plus one and $1,724.00 for Family coverage. For the term of this Agreement, only, only, health contributions shall be benchmarked at the Kaiser rateshould the cost of the Kaiser rate exceed the City’s contribution, the City shall increase its contribution to match the Kaiser premiums. D.B. Insurance benefits available for purchase by employees include. medical, dental, vision, and supplemental life and accidental death and dismemberment insurance. However, City contributions cannot be used for any voluntary benefits offer to members through Colonial Life. E.C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above. F.D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B. G.E. Cafeteria monies may be redesigned or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. 17.b Packet Pg. 440 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 19 H.F. Effective January 1, 2007, the City shall provide each employee with $25,000 term life insurance and $25,000 Accidental Disability and Dismemberment (AD&D). I.G. The City shall pay funeral expenses of up to $10,000 for a police officer killed in the line of duty. J.H. Enrollment in City insurance plans is subject to the regulations availability established by each plan’s provider. K.I. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. The parties acknowledge that the stipend for calendar year 2015 is $ 2,000 and the City has set the stipend for calendar year 2016 at $ 2,500. L.J. The SBPOA agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. M.K. Employees must be in a paid status for fifteen (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable State or Federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the Civil ServicePersonnel Commission. Section 2 -- Rain Gear/Utility Uniforms/Uniform Allowance A. Rain Gear. The City shall continue its current method to provide appropriate duty rain gear for personnel. B. Utility Uniforms. Each employee of the bargaining unit shall be furnished one utility uniform. Said uniform shall be maintained in assigned lockers or in the vehicle available for use at all times. C. Uniform Allowance. Once each fiscal year, each employee in the bargaining unit shall receive an annual uniform allowance of $950 to be paid in a lump sum amount during the first pay period of March. New employees must wait until the first pay period of March to receive their annual uniform allowance. 17.b Packet Pg. 441 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 20 Section 3 -- Books and Tuition Allowance The City will continue under its formalized procedures to pay tuition costs for members who complete prior-approved, job related courses of instruction, which will increase their value to the City. Grades must be consistent with the City’s policy. Courses must be taken at an accredited school. The amount of reimbursement shall be equivalent of tuition costs for up to six (6) units per quarter as charged by the California State University, San Bernardino, or up to one-and-a-half (1- 1/2) times that amount, if based on a semester system. The Director of Human Resources will recommend approval or disapproval, based on the availability of budgeted funds for tuition assistance. Reimbursement for books required for the approved course or courses may be authorized by the Chief at the time reimbursement for tuition is requested. See Exhibit 1 - Department of Director Letter (DDL) No. 48, Educational Reimbursement Processing. Section 4 -- Deferred Compensation The City shall continue to sponsor a Deferred Compensation Plan, which shall be available to employees on a voluntary basis. Unspent “cafeteria” contributions may not be diverted into a deferred compensation or like plan. Section 5 -- Safety Equipment A. New employees who are required to have safety equipment will be furnished same on a one-time basis, including safety equipment hardware, leather and safety vests. B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue. (1) safety helmet; (1) pair of boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1. C. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the employee to replace the item at his/her expense. Upon reassignment or separation from the department, these items shall be returned to the City. The City Director of Finance shall have direct control over the purchase, issue and replacement of the above-described items. The Chief shall certify in writing to the Director of Finance as to an individual’s entitlement. Section 6 -- Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or repairing personal property of an employee, which is lost or damaged in the performance of duty as provided in Department Director Letter (DDL) No. 33, Reimbursement or Repair of Lost or Damaged Items of Personal Property of City Employees, dated April 17, 1989, and revised August 29, 2003. 17.b Packet Pg. 442 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 21 Section 7 -- Service Pins Employees of the City of San Bernardino shall be awarded service pins upon completion of each of the following period of years of continuous loyal service. 5 years 10 years 15 years 20 years 25 years and over Years of service shall be deemed to include all continuous loyal employment for the City of San Bernardino. Award of service pins for the above-designated service shall be made as soon as may be practicable after the employee has completed the required period of employment. Service pins shall be of such design as approved by the Mayor and Common Council of the City of San Bernardino and shall show the number of years of service for which the award is made and the City seal of the City of San Bernardino. ARTICLE V -- LEAVES Section 1 -- Pre-Petition Leave Banks The monetary value of all pre-petition leave bank accruals, including without limitation, vacation, sick leave, concession leave, and holiday leave, will be the subject of distribution as part of the bankruptcy unsecured creditors’ pool. All leave balances accrued on or before August 1, 2012 (Pre-Petition Leave) shall be placed in the unsecured creditor pool and will not be available for cash-out (or the cash equivalent) by the SBPOA members. This position is consistent with the Recovery Plan adopted by the City Council on May 18, 2015. Under the City’s Recovery Plan, all City employees are subject to these restrictions on pre-petition leaves. With the exception of post-petition vacation accrual, all post-petition leave accruals will be deferred pending the final approval and effective date of a Plan of Adjustment by the Bankruptcy Court. Any agreement reached by the parties as to the implementation of this section will be memorialized in a side letter. 17.b Packet Pg. 443 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 22 Section 2 -- Vacations A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows. Completed Years of Continuous Service* Rate of Accrual Per Pay Period Equivalent Hours Per Year 1 year** 3.33 0769 hours 80 hours 5 years 5.04.6153 hours 120 hours 15 years 6.15386.667 hours 160 hours 20 years 8.337.6923 hours 200 hours *Service year begins on initial date of employment in a full-time regular status. **No vacation granted or accrued, if service is less than one year. B. When an employee resigns or otherwise leaves the service of the City and has not used his earned post-petition vacation since his last anniversary date, payment shall be made to the employee for the earned portion of his vacation. Vacation leave will continue to accrue in accordance with Section A (above). Prior to the final approval and the effective date of the City’s Plan of Adjustment by the Bankruptcy court, all post-petition vacation accruals shall be paid in accordance with Resolution 2014-158, adopted by the Mayor and Common Council on June 16, 2014. Calculation of payment earned vacation or deduction for unearned vacation upon termination shall be made in accordance with the wage rate in effect on the final day of employment. C. When an employee returns to work after a break in “continuous service,” and when such break in continuous service shall have been by leave of absence with approval of the Mayor and Common Council, vacation time shall not accrue during such break in continuous service but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. D. Whenever the terms “years or years of employment” appear herein, it shall be deemed to include all services for the City of San Bernardino. E. If an employee leaves the City service prior to the completion of the year in which he/she used such leave, a deduction will be made from such employee’s final paycheck for the unearned portion of such vacation. Employees shall not be allowed to use unearned vacation time. 17.b Packet Pg. 444 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 23 F. Vacation credits may accrue and accumulate for a maximum of two (2) years’ total accumulated vacation credits on a carryover basis from year to year. Vacations or portions thereof from any one year so accrued may run consecutively with vacations or portions thereof of the next succeeding year, subject to approval of the Chief. G. Compensation for vacation other than for earned vacation at the time of termination of employment shall be limited to the amount normally earned during regularly assigned working time. H. Once per year, members of the bargaining unit will be granted the option of selling up to one-quarter (1/4) of their post-petition vacation and holidays to the City. The Chief will approve or disapprove a member’s request for sellback. An eligible employee shall notify the City by August 1 of his/her request for sellback for the prior fiscal year ending June 30. The City shall compensate eligible employees on the first payday in September. I. In the event that an employee is compensated for less than 50 percent of the total number of work hours in the pay period, he/she shall not accrue vacation hours for that period. J. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of Article V, Section (2) I. Section 3 -- Holidays A. Employees shall be entitled to 10 City-designated holidays, the equivalent of 100 holiday hours each year, as listed below. New Year’s Day Memorial Day Independence Day Labor Day Veteran’s Day (November 11) Thanksgiving Day Day After Thanksgiving Christmas Eve Christmas Day New Year’s Eve Additionally, employees shall be entitled to one ten (10) hour floating holiday effective January 1 of each year. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six (6) months in a full-time position shall be eligible to take floating holidays. Employees shall not be allowed to use unearned holiday time. 17.b Packet Pg. 445 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 24 B. The Chief shall consider any request of any employee as to preference for taking floating holidays, provided however, the final right to allot the day to be observed is exclusively reserved to the Chief. C. All full-time employees with the exception of those employees shown in the following paragraphs shall be allowed the above holidays at full pay when such holidays occur within the regular assigned working period, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for employees to work on any of the City-designated holidays, ten (10) hours shall be placed in their holiday account. D. Upon separation from the City, employees shall be paid for 80% of his/her current holiday account balance. E. Holidays as listed above shall be allowed on Monday, if any such holiday falls on Sunday, and shall be allowed on the preceding Friday, if any such holiday falls on Saturday, for all employees except those covered by other provisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays. F. Employees may accrue a maximum of 120 hours in their holiday bank. Section 4 -- Sick Leave A. Sick leave means absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a member of his immediate family who is seriously ill or requires the care or attendance of an officer or employee, or death in the immediate family of the officer or employee. Immediate family means. husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; mother-in-law; father-in-law; sister-in- law; brother-in-law; daughter-in-law; or son-in-law. B. Not more than one-half (1/2) of an employee’s annual sick leave accrual within any calendar year may be granted to an officer or employee for the care of or attendance upon members of his immediate family. Not more than 40 hours of sick leave may be granted to an officer or employee for each absence due to death of a member of his immediate family as defined above. C. No absence due to illness or injury in excess of 40 hours shall be approved except after the presentation of satisfactory evidence of illness or injury; and, a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Chief and shall be subject to his approval concerning said absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by the County Health Officer or other designated physician, and in the event of an adverse report, to reject such claim for sick leave in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor and Common Council shall have the right to require the presentation of a certificate from a practicing physician or the County Health Officer stating that an officer or employee is physically able to 17.b Packet Pg. 446 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 25 perform his work and duties satisfactorily before permitting an officer or employee who has been on sick leave to return to work. D. In order to receive compensation while absent on sick leave, the employee shall notify his immediate superior or the station commander prior to the time set for beginning his daily duties, or as may be specified by the Chief. When the absence is for more than one work day, the employee may be required to file a physician’s certificate or a personal affidavit with the Director of Human Resources stating the cause of the absence. E. Sick leave with pay shall be granted to all regular employees. Sick leave shall not be considered as a right, which an employee may use at his discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. F. Whenever an employee is compensated hereunder for sick leave and has not had a vacation at the end of the current calendar year, he shall be allowed to take his vacation in the calendar year he returns to duty. G. Whenever the term “service of City” appears herein, it shall be deemed to include all service of the City of San Bernardino. H. All full-time officers and employees of the City who are actively on duty, have been in the service of said City for six (6) months or more continuously, and who are compelled to be absent from their work on account of illness or injury other than that which is compensable under Article V, Section 6, Injury Leave, of this MOU, shall receive their full salary, wages or compensation for a period of one (1) day for each month of continuous service, provided that such salary, wages or compensation shall cease upon the exhaustion of all accumulated sick leave. I. Sick leave accruals and payouts (Section 5 below) shall only include post-petition sick leave accrued after August 1, 2012. An employee may only accrue a maximum of 1040 hours of sick leave. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave shall not accumulate during periods of leave of absence without pay. Employees will not be allowed to use unearned sick leave. J. The 48 hours of sick leave granted after six (6) calendar months of continuous service as herein provided for all full-time employees shall be computed at the rate of approximately 4.0 hours per pay period. In the event that an employee works less than 50 percent of the total normal work hours in the pay period, he shall receive no sick leave benefit for such pay period and shall not be credited with the 4.0 hours of sick leave. K. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Section 5 -- Payment for Unused Sick Leave A. All permanent employees or the estate of any such deceased employee who dies during employment shall be entitled to receive payment for unused post-petition sick leave, subject to the restrictions and conditions as set forth below. 17.b Packet Pg. 447 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 26 B. Employees or the estate of any such deceased employee who dies during employment, after the completion of five (5) years of continuous full-time employment with the City, upon retirement, death or termination of employment, except through dismissal or resignation with prejudice, shall receive compensation of 50 percent of accumulated and unused post-petition sick leave. After 20 years of continuous service with the City of San Bernardino, compensation will be seventy-five percent (75 %) of all accumulated and unused post-petition sick leave. C. For the purpose of this section, the “retirement” shall have the meaning ascribed to it and the definition therefore as set forth in Section 20060 of the Government Code. D. Any conversion of sick leave resulting from industrial disability will be provided to an employee in accordance with applicable provisions of the Labor Code. E. Each fiscal year an employee may elect to receive payment in lieu of accrued post- petition sick leave, provided such employee has used 32 hours or less of post-petition sick leave during the fiscal year ending June 30th. 1. An eligible employee shall notify the City by August 1st of his/her desire to receive such payment. The City shall compensate eligible employees on the first payday in September. 2. An employee receiving such pay shall receive at the then current salary rate pay for one-fourth (1/4) of the number of hours of post-petition sick leave accrued, less those hours used for the fiscal year period. The employee’s accrued post-petition sick leave shall be reduced by the number of post- petition sick leave hours for which pay is provided. F. At the time of separation from service, any employee having fifteen (15) years of continuous service with the City of San Bernardino, may cash out up to 50% of unused post- petition sick leave. At the time of separation from service, any employee having 20 years of continuous service with the City of San Bernardino, may cash out up to 75% of unused post- petition sick leave. G. Subsections B and F above shall be interpreted to provide a payout of unused sick leave pursuant to the following schedule” Years of Service Payment of Unused Sick Leave Less than five (5) No payment of unused sick leave Five (5) 50%, unless dismissed or resigned with prejudice Fifteen (15) 50% Twenty (20) 75% Section 6 -- Injury Leave Employees will have a choice of doctor on work-related injury, in accordance with existing State Labor Code. 17.b Packet Pg. 448 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 27 The parties understand that Association may submit the issue of the applicability of California Government Code Section 45010 as it pertains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. When injury is sustained in the course and scope of employment with the City, said employee shall be compensated under the provisions of the Workers’ Compensation Insurance and Safety Act of California and not under the provisions of the MOU; provided that he/she shall be reimbursed pursuant to the provisions of California Labor Code Section 4850 during the first 365 days of disability, provided further that these payments may be terminated pursuant to the provisions of California Government Code Section 21023.6. Employees who are receiving payments under Labor Code Section 4850 shall accrue vacation, sick leave and holiday credits during such absence from duty. When employees are off duty on injury leave and have not had a vacation at the end of the current year, they shall be allowed to take this vacation in the calendar year they return to duty. The Parties further agree to meet and consult over an injury leave policy that minimally outlines non-industrial injuries being offered light duty assignments. Section 7 -- Leave of Absence Without Pay A. Leave of absence without pay is a temporary non-pay status and absence from duty granted at the request of the employee. The Mayor and Common Council may grant leave of absence without pay for a period not to exceed six (6) months, upon the positive recommendation of the Chief and the City Manager. Under justifiable conditions, said leave may be extended by the Mayor and Common Council for additional periods. A leave of absence without pay will be considered favorably if it is to be expected that the employee will return to duty and that at least one of the following benefits will result. increased job ability, protection or improvement of the employee’s health, retention of a desirable employee or furtherance of a program in the interest of the City. Examples or conditions for which a leave of absence without pay may be granted are. 1. For an employee who is a disabled veteran requiring medical treatment. 2. For an employee who is temporarily mentally or physically unable to perform his duties. 3. For an employee who files for or assumes elected office. 4. For maternity or paternity leave, upon the recommendation of the attending physician. 5. For military leave when the employee has less than one (1) year of service to qualify for leave with pay. 17.b Packet Pg. 449 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 28 B. An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee’s anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an automatic resignation. C. The City’s contribution towards an employee’s health and life insurance premiums will not be extended beyond the last day of the month in which the absence without pay begins if the leave of absence without pay becomes effective during the first 15 days of the month, nor beyond the last day of the next succeeding month if the leave of absence without pay becomes effective after the 15th day of the month, unless the employee is returned to work from leave of absence without pay status prior to the date the City’s contribution would be discontinued. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the payroll section in this regard. The payment of the amount of the premiums must be made to the payroll section prior to the date on which the City’s participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or his employment with the City is terminated. D. Upon an employee’s return to work, the City’s contribution towards the employee’s health and life insurance premiums will begin on the first day of the month following the end of the leave of absence without pay if that leave of absence without pay terminates between the 1st and 15th days of the month, or on the 15t day of the next succeeding month if the leave of absence without pay terminates after the 15th day of the month. E. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of his or her employment with the City. F. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts. Section 8 -- Military Leave A. An employee who shall enter the Armed Forces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to leave of absence without pay during such service and for a period of 90 days thereafter. Every such employee and/or officer returning to the City within the time herein specified, and who has been honorably discharged from such service shall be reinstated without loss of status or seniority, provided they are not physically or mentally incapacitated from performing the duties of said office or position. B. Compensation of employees on temporary military leave of absence is found in Military & Veterans Code Section 395.01, which currently provides in part as follows. 17.b Packet Pg. 450 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 29 “Any public employee who is on temporary military leave of absence and who has been in the service of the public agency from which the leave is taken for a period of not less than one year immediately prior to the day on which the absence begins shall be entitled to receive his salary or compensation as such public employee for the first 30 calendar days of any such absence. Pay for such purposes shall not exceed 30 days in any one fiscal year. For the purposes of this section in determining the one year of public agency service, all service of said public employee in the recognized military service shall be counted as public agency service.” C. All persons appointed to fill such position during war or such national emergency shall be temporary appointees only. D. In the event of circumstances, which require reserve “call-up,” the City will meet and confer with the POA over the impact of the call-up on unit members. ARTICLE VI -- WORKING CONDITIONS Section 1 -- Work Schedules The standard workday represents the tour of duty for which an employee is regularly scheduled for work during a 24-hour period commencing from the start of the employee’s assigned shift. A regularly scheduled tour of duty, which commences before midnight and ends the following day, shall be reported for payroll purposes as time worked for the day in which the tour of duty began. Work schedules shall be as defined herein, except as otherwise provided for A. 5/40 Work Schedule. The 5/40 work schedule shall consist of a 40-hour workweek consisting of five (5), eight- (8) hour workdays, exclusive of any meal periods assigned by management. B. 9/80 Work Schedule. The 9/80 work schedule shall consist of 80 work hours in a two (2) week period, consisting of eight (8), nine- (9) hour work days and one (1), eight (8) hour work day, exclusive of any meal periods assigned by management. C. 4/10 Work Schedule. The 4/10 work schedule shall consist of a 40-hour workweek consisting of four (4), ten- (10) hour workdays, exclusive of any meal periods assigned by management. Since the four-day, ten-hours-per-day plan (4/10) has been a successful method of operation in the Patrol Division, it shall continue with exceptions of special details within that Division. A. Work Schedule Adjustment. It is recognized that during the term of this agreement, it may be necessary for management to make changes in the work schedule to meet the needs of the service, based on the results of a management audit and/or other circumstances that may arise. 17.b Packet Pg. 451 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 30 Any shift schedule changes are subject to the meet and confer process. Except for emergencies or in case of special needs where management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the unit and where the Association requests to meet with management, the parties shall expeditiously undertake to consult, as provided by Section 350 et. Seq., of the California Government Code regarding the impact the change would have on the employees of the unit. In cases of special needs where it would be advantageous to make temporary changes to the regularly assigned shift of some personnel, the Department will make a good faith attempt to give one (1) week advance notice to the affected employee(s). The Department will not make special needs changes that result in the disruption of consecutive work days. It is recognized that it may be necessary for management to make unscheduled temporary changes to regularly assigned shifts based on emergencies or matters of public safety. B. Lunch Hours. Only officers in Patrol will be allowed to take paid meal breaks. Section 2 -- Shift Change Subject to authorization of the Chief, Assistant Chief, Captain, Area Commander or Station Commander, employees in the unit should be allowed to exchange time with other employees of equal rank on the following basis. A. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees. B. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. C. Time exchanged may be by one standard workday or by a half (1/2) standard workday. D. Time exchanged shall be repaid by one standard workday or by a half (1/2) standard workday, within a seven- (7) day period. E. Since this is done for the convenience of the employee, in no case shall a shift exchange or repayment of a shift exchange be considered in computation of overtime. Section 3 -- Probationary Period The probationary period for positions in this unit shall be 12 months from the date of hire. Section 4 -- Seniority Seniority is herein defined to be an employee’s length of service with no break in service within the Police Department and/or classification in which the employee is presently assigned. The department may consider seniority in vacation scheduling, shift assignments and transfers within classification. 17.b Packet Pg. 452 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 31 Section 5 -- Reemployment An employee who has terminated City employment and who is subsequently rehired in the same classification in a regular position within a 90-day period may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. Section 6 -- Physical Examinations The City shall pay medical fees for the physical examination of any police officer when such examination is required and directed by the City. 17.b Packet Pg. 453 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 32 ARTICLE VII -- GENERAL PROVISIONS Section 1 -- Term The Term of this Agreement shall be five (5) years, commencing on July 1, 20152020 through June 30, 2025. The dates of this Agreement shall be fiscal years. 2015-2016; 2016-2017; 2017-2018; 20182019; and 2019-2020. Section 2 -- Notice of Intent to Reopen Commencing on January 1, 2020, either Party may submit to the other, a written request to bargain for a successor agreement, including a list of proposals on economic or non-economic issues. Section 3 -- Housing Incentives During the term of this Agreement, the City shall provide HUD housing incentives to officers wishing to purchase homes within the City of San Bernardino (“Community Revitalization Program”). Such incentives shall represent a 50% discount from the list price of the home. All participants in this program must commit to live in the property for three (3) years. The City shall provide to the SBPOA a summary of the terms of this Community Revitalization Program. Section 4 -- Recruitment Obligations The City and the SBPOA acknowledge that there has been significant attrition of police safety members and that coming to an agreement on the essential terms and conditions of employment is the first step in stabilizing the San Bernardino Police Department. In recognition of the need to rebuild the Department, the SBPOA agrees that, as a condition of an agreement to the economic terms, it will actively participate in the formulation and implementation of an aggressive recruitment campaign to attract new hires and lateral police officers. Section 5 -- Per Diem/Reimbursement Policy The City and the unit agree to meet and consult over an expense reimbursement policy that minimally outlines when and how expenses are approved, who approves, how expenses are submitted, the deadline for submitting an expense, and how they are paid. The City shall pay employees per diem rates for authorized travel and lodging related to attendance at schools, training, and other approved work related duties. Per diem rates will include meals and mileage to be determined by location and destination of the school or business attended and in accordance with the guidelines the U.S. General Services Administration. The rates are periodically updated and are set by the destination / location of the school or business location being attended. The current rate information can be found at www.qsa.qov. No receipts will be required for the per diem. And all requests must be submitted within 45 days upon completion of the authorized travel. 17.b Packet Pg. 454 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 33 The City of San Bernardino will arrange for and pay the employee’s lodging expenses. Lodging receipts will be submitted to the City by the travelling employee. Additional expenses (such as parking, rental vehicles, ancillary duty costs) will be reimbursed by the City of San Bernardino upon the employee submitting receipts for such job related costs. Requirements for receiving reimbursement for these expenses will be provided in the City of San Bernardino’s Department/Director Letter, No. 32. Section 6 -- Release of Claims CaIPERS 13.989% Cost Sharing Imposition. The SBPOA agrees to release any and all claims regarding the January 28, 2013 imposition of the 13.989% cost sharing amount to the CaIPERS contribution. These claims are incorporated into claims referred to in Appendix A. Section 7 -Section 6 -- Severability If any provision of the MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional or not in accordance with applicable statutes or not applicable to Charter cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. If there is any conflict between the provisions of this MOU and the provisions of federal, state, or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter cities, the parties agree to meet and confer immediately concerning only those articles, sections, and portions. Section 8 -Section 7 -- Waiver Clause The City and the Association for the life of the M0U each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered by this MOU. Section 9 -Section 8 -- Prevailing Benefits All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this MOU shall remain in full force during the term of this MOU, unless changed by mutual consent. Section 10 -Section 9 -- Dispute Resolution The Parties acknowledge that there are terms and conditions set forth above which may not be resolved by mutual agreement. The Parties agrees that in the event any disputes cannot be resolved, such disputes shall be submitted to the Honorable Judge Gregg Zive for resolution. 17.b Packet Pg. 455 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 34 APPENDIX A BANKRUPTCY PROVISIONS AND RELEASE OF CLAIMS 1. The MOU will become effective upon execution by the parties, provided however that the MOU will become null and void and of no further effect if the City’s Plan of Adjustment is not approved by the Bankruptcy Court. 2. The City will append the MOU to its Plan of Adjustment, and the Plan and confirmation order shall provide for Court approval of the MOU. 3. Under the Plan all claims of the SBPOA and its members with respect to wages, pensions (including implementation of cost sharing and elimination of the EPMC benefit), other benefits and other terms and conditions of employment that arose prior to the date of the confirmation of the Plan, including, without limitations, all claims arising from the City’s changes to the terms and conditions of employment and/or rejection of the prior MOU (collectively the “Police Claims”), shall be treated as general unsecured claims under the Plan, and the City and its officers shall be discharged from such Police Claims upon confirmation of the Plan; provided, however, that any claims arising under the MOU after it is executed by the City and the SBPOA (e.g. grievances) shall not be discharged as long as (a) the SBPOA complies with the terms of the SBPOA Settlement, and, (b) the Court confirms the Plan. 4. The SBPOA shall support confirmation of the Plan that incorporates the SBPOA Settlement. 5. The City and the SBPOA shall stipulate and agree on the amount of the Police Claims. The SBPOA shall vote the full amount of the Police Claims in favor of the Plan and shall file a brief in support of confirmation of the Plan. 6.1.The SBPOA Settlement is not a solicitation by the City, and the SBPOA’s commitment to vote the Police Claims in favor of the Plan is not effective until the Court approves a Disclosure Statement that incorporated the SBPOA Settlement. 17.b Packet Pg. 456 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 35 REFERENCES During the term of this Memorandum of Understanding (MOU), the attached Resolution and Department/Director Letters (DDL) may be modified. Official documents will be located in the City Manager’s Office. 17.b Packet Pg. 457 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers 09893.00000\34429784.1 36 POLICE SAFETY EMPLOYEES’ MEMORANDUM OF UNDERSTANDING 2015 -2021 ___________________________________ Robert D. Field,City Manager City of San Bernardino _____________________________________ ________________, Brian Lewis, President San Bernardino Police Officers’ Association ATTEST: ____________________________________ Georgeann HannaGenoveva Rocha, City Clerk Approved as to form: ____________________________________ Sonia Carvalho, City Attorney 17.b Packet Pg. 458 Attachment: Attachment 2 - Exhibit A - SBPOA MOU 2020-2025 (8595 : Memorandum of Understanding with the San Bernardino Police Officers ADOPTED 10/20/21 EFFECTIVE 9/1/21 EXHIBIT B CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30012 ACCOUNTANT II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 20013 ACCOUNTANT III 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 30023 ACCOUNTING ASSISTANT 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,210.00 MONTHLY $11,195.00 MONTHLY MANAGEMENT 00861 ACCOUNTING MANAGER (U)554 $7,035.00 MONTHLY $8,552.00 MONTHLY NA 30019 ACCOUNTING TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 10848 ADMINISTRATION DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10508 ADMINISTRATIVE ANALYST I (FLEX)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT 10506 ADMINISTRATIVE ANALYST I/ASSISTANT OF ELECTIVE OFFICER (FLEX) (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT 10510 ADMINISTRATIVE ANALYST II 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT 10507 ADMINISTRATIVE ANALYST II/ASSISTANT OF ELECTIVE OFFICER (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT 30709 ADMINISTRATIVE ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 10094 ADMINISTRATIVE ASSISTANT TO CITY MANAGER (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,431.00 MONTHLY $4,170.00 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY CONFIDENTIAL 10078 ADMINISTRATIVE SERVICES MANAGER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10709 ADMINISTRATIVE SERVICES OFFICER (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 20457 ADMINISTRATIVE SERVICES SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20332 ANIMAL CONTROL MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 30111 ANIMAL CONTROL OFFICER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 00013 ANIMAL LICENSE CHECKER NA $14.00 HOURLY $14.00 HOURLY NA 20339 ANIMAL LICENSE OFFICE SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 20338 ANIMAL SHELTER KENNEL SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT 20335 ANIMAL SHELTER OFFICE SUPERVISOR 430 $3,791.00 MONTHLY $4,607.00 MONTHLY MIDDLE MANAGEMENT 10619 APPLICATIONS DEVELOPMENT MANAGER 590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 00300 APPRENTICE NA $14.00 HOURLY $22.00 HOURLY NA 20620 AQUATICS SUPERVISOR 468 $4,581.00 MONTHLY $5,569.00 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,230.00 MONTHLY $5,142.00 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROPERTY SPECIALIST 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10146 ASSISTANT CITY ATTORNEY (U)640 $10,804.00 MONTHLY $13,132.00 MONTHLY MANAGEMENT 10390 ASSISTANT CITY CLERK (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $14,941.00 MONTHLY $18,159.00 MONTHLY MANAGEMENT City of San Bernardino Salary Schedule 17.c Packet Pg. 459 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (GRANT FUNDED)384 $3,013.00 MONTHLY $3,663.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $4,864.00 MONTHLY $5,912.00 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR NA $30.00 HOURLY $35.00 HOURLY NA 10060 BUDGET DIVISION MANAGER (U)608 $9,210.00 MONTHLY $11,195.00 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10116 BUDGET OFFICER/ASSISTANT TO THE CITY MANAGER (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)610 $9,302.00 MONTHLY $11,307.00 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 30599 BUSINESS REGISTRATION REPRESENTATIVE 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 20271 BUYER 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 376 $2,896.00 MONTHLY $3,520.00 MONTHLY GENERAL 30640 CEMETERY SERVICES SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10145 CHIEF ASSISTANT CITY ATTORNEY (U)685 $13,522.00 MONTHLY $16,436.00 MONTHLY MANAGEMENT 10501 CHIEF BUILDING OFFICIAL (CBO) AND BUILDING AND SAFETY DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT 10398 CHIEF DEPUTY CITY CLERK (U)553 $7,000.00 MONTHLY $8,509.00 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE P7 $23,260.00 MONTHLY $23,260.00 MONTHLY MANAGEMENT 10382 CITY ATTORNEY INVESTIGATIONS SUPERVISOR (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY CONFIDENTIAL 10383 CITY ATTORNEY INVESTIGATOR (U)520 $5,938.00 MONTHLY $7,218.00 MONTHLY CONFIDENTIAL 10399 CITY CLERK (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLY NA 10158 CIVIL ENGINEER P.E.550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30460 CODE ENFORCEMENT OFFICER III 495 $5,242.00 MONTHLY $6,372.00 MONTHLY GENERAL 30451 CODE ENFORCEMENT PROCESSING ASSISTANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY CONFIDENTIAL 30132 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ASSISTANT 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 2 of 19 17.c Packet Pg. 460 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 30752 COMMUNITY ENGAGEMENT SPECIALIST 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 10113 COMMUNITY RELATIONS SUPERVISOR/ASSISTANT OF THE CITY MANAGER (U)520 $5,938.00 MONTHLY $7,218.00 MONTHLY MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT 30755 COMMUNITY SERVICES OFFICER I 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 30757 COMMUNITY SERVICES OFFICER II 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30571 CONSTRUCTION INSPECTOR I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30573 CONSTRUCTION INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30574 CONSTRUCTION INSPECTOR III 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT 30635 COORDINATOR OF VOLUNTEERS (GRANT FUNDED)341 $2,432.00 MONTHLY $2,956.00 MONTHLY GENERAL 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30603 CRIME ANALYST 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN 360 $2,673.00 MONTHLY $3,250.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 415 $3,517.00 MONTHLY $4,275.00 MONTHLY GENERAL 00054 CUSTODIAL AIDE NA $14.00 HOURLY $14.00 HOURLY NA 20611 CUSTODIAL MAINTENANCE SUPERVISOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,065.00 MONTHLY $4,941.00 MONTHLY GENERAL 30010 DEPARTMENTAL ACCOUNTING TECHNICIAN 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 10651 DEPUTY CITY ATTORNEY I (U)570 $7,620.00 MONTHLY $9,262.00 MONTHLY CONFIDENTIAL 10661 DEPUTY CITY ATTORNEY II (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL 10659 DEPUTY CITY ATTORNEY III (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY CONFIDENTIAL 10658 DEPUTY CITY ATTORNEY IV (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY CONFIDENTIAL 10663 DEPUTY CITY CLERK (U)490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL 10157 DEPUTY CITY ENGINEER 600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $13,255.00 MONTHLY $16,112.00 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)610 $9,302.00 MONTHLY $11,307.00 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)637 $10,643.00 MONTHLY $12,937.00 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,293.03 MONTHLY $10,875.93 MONTHLY POLICE SAFETY SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 3 of 19 17.c Packet Pg. 461 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT 10711 DIRECTOR OF FINANCE (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)660 $11,937.00 MONTHLY $14,509.00 MONTHLY MANAGEMENT 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,003.00 MONTHLY $17,020.00 MONTHLY MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10126 ECONOMIC DEVELOPMENT ANALYST (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 30841 ELECTRICIAN II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,432.00 MONTHLY $9,034.00 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 500 $5,374.00 MONTHLY $6,532.00 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,105.00 MONTHLY $4,990.00 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30439 ENVIRONMENTAL PROJECT SPECIALIST 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 20024 EQUIPMENT MAINTENANCE MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10981 EXECUTIVE ASSISTANT TO THE CITY ATTORNEY (U)510 $5,649.00 MONTHLY $6,867.00 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER NA $14.00 HOURLY $14.00 HOURLY NA 10939 FACILITIES AND FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT 30513 FLEET FABRICATION WELDER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20940 FLEET OPERATIONS COORDINATOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30506 FLEET PARTS STOREKEEPER 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 4 of 19 17.c Packet Pg. 462 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10940 FLEET SERVICES DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 00259 FOOD SERVICE PROGRAM SPECIALIST NA $14.00 HOURLY $15.23 HOURLY NA 20066 FOOD SERVICE SUPERVISOR II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20167 FORENSICS SPECIALIST III 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20160 FORENSICS SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $6,627.00 MONTHLY $8,055.00 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $4,768.00 MONTHLY $5,796.00 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $5,538.00 MONTHLY $6,731.00 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,136.00 MONTHLY $3,812.00 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30112 HEAVY EQUIPMENT OPERATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,106.00 MONTHLY $8,637.00 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)600 $8,850.00 MONTHLY $10,757.00 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 30207 HUMAN RESOURCES TECHNICIAN 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20994 IEMG BROADCAST ENGINEERING COORDINATOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 00355 IEMG/CATV PROGRAMMING/TRAFFIC ASSISTANT NA $14.03 HOURLY $17.05 HOURLY NA 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $5,938.00 MONTHLY $7,218.00 MONTHLY CONFIDENTIAL 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10389 INFORMATION TECHNOLOGY TECHNICIAN II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 30982 INTEGRATED WASTE FIELD INSPECTOR 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30637 LANDSCAPE INSPECTOR I (FLEX)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 30636 LANDSCAPE INSPECTOR II 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.09 HOURLY $32.09 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $3,925.00 MONTHLY $4,771.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30490 LEAD MAINTENANCE WORKER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30593 LEAD PARK CONSTRUCTION AND MAINTENANCE WORKER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30592 LEAD PARKS MAINTENANCE WORKER 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30897 LEAD STREET SIGN WORKER 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY CONFIDENTIAL 10322 LEGAL SECRETARY I (FLEX)(U)430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 5 of 19 17.c Packet Pg. 463 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10323 LEGAL SECRETARY II (U)450 $4,188.00 MONTHLY $5,091.00 MONTHLY CONFIDENTIAL 00210 LEGISLATIVE FIELD REPRESENTATIVE (U)426 $3,716.00 MONTHLY $4,516.00 MONTHLY NA 30335 LIBRARIAN I (FLEX)440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30366 LIBRARIAN II 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 30384 LIBRARY ADMIN TECHNICIAN/WEBMASTER 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 10412 LIBRARY ADMINISTRATIVE SUPERVISOR 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT 30341 LIBRARY ASSISTANT 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL 20384 LIBRARY BRANCH MANAGER I 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20214 LIBRARY BRANCH MANAGER II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 20388 LIBRARY CIRCULATION SUPERVISOR 450 $4,188.00 MONTHLY $5,091.00 MONTHLY MIDDLE MANAGEMENT 30255 LIBRARY COMPUTER LAB COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 10401 LIBRARY DIRECTOR (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 10410 LIBRARY IT MANAGER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30373 LIBRARY NETWORK ASSISTANT 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 00361 LIBRARY PAGE NA $14.00 HOURLY $14.54 HOURLY NA 20387 LIBRARY PROGRAM COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT 20337 LIBRARY TECHNICAL SERVICES SUPERVISOR 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 00133 LIFEGUARD NA $15.13 HOURLY $16.68 HOURLY NA 30215 LITERACY PROGRAM COORDINATOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10110 MANAGEMENT ANALYST I/ASSISTANT OF THE CITY MANAGER (FLEX) (U)470 $4,627.00 MONTHLY $5,625.00 MONTHLY MANAGEMENT 10112 MANAGER OF COMMUNICATIONS 620 $9,778.00 MONTHLY $11,885.00 MONTHLY MANAGEMENT 00502 MAYOR NA $8,941.71 MONTHLY $8,941.71 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 30522 MESSENGER 341 $2,432.00 MONTHLY $2,956.00 MONTHLY GENERAL 10117 NEIGHBORHOOD AND CUSTOMER SERVICE OPERATIONS MANAGER (U)551 $6,931.00 MONTHLY $8,425.00 MONTHLY MANAGEMENT 10115 NEIGHBORHOOD SERVICES COORDINATOR/ASSISTANT OF THE CITY MANAGER (U)530 $6,242.00 MONTHLY $7,587.00 MONTHLY MANAGEMENT 10635 NETWORK SPECIALIST 460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL 20550 NPDES COORDINATOR 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT 30425 NPDES INSPECTOR I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30426 NPDES INSPECTOR II 480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30711 OFFICE ASSISTANT 350 $2,543.00 MONTHLY $3,092.00 MONTHLY GENERAL 10109 OFFICE ASSISTANT (U)350 $2,543.00 MONTHLY $3,092.00 MONTHLY CONFIDENTIAL 10868 OPERATIONS AND MAINTENANCE DIVISION MANAGER (U)591 $8,461.00 MONTHLY $10,285.00 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 517 $5,850.00 MONTHLY $7,111.00 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 6 of 19 17.c Packet Pg. 464 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10640 PARKS MAINTENANCE DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 30632 PARKS MAINTENANCE WORKER III 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 10641 PARKS SUPERINTENDENT (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10069 PAYROLL MANAGER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MANAGEMENT 10064 PAYROLL SUPERVISOR 521 $5,968.00 MONTHLY $7,254.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)581 $8,050.00 MONTHLY $9,784.00 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)480 $4,864.00 MONTHLY $5,912.00 MONTHLY GENERAL 30682 PLANS EXAMINER II 510 $5,649.00 MONTHLY $6,867.00 MONTHLY GENERAL 30481 PLUMBER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 00192 POLICE CADET NA $14.50 HOURLY $16.50 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20331 POLICE COMMUNICATIONS MANAGER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30767 POLICE DISPATCHER I (FLEX)420 $3,606.00 MONTHLY $4,383.00 MONTHLY POLICE DISPATCHER 30768 POLICE DISPATCHER II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,141.76 MONTHLY $9,537.75 MONTHLY POLICE SAFETY 20780 POLICE PERSONNEL AND TRAINING MANAGER 500 $5,374.00 MONTHLY $6,532.00 MONTHLY MIDDLE MANAGEMENT 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 20761 POLICE RECORDS MANAGER 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 20765 POLICE RECORDS SUPERVISOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)350 $2,543.00 MONTHLY $3,092.00 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,384.73 MONTHLY $12,290.11 MONTHLY POLICE SAFETY 30217 POLICE TRAINING COORDINATOR 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 30194 POLICE TRANSCRIBER 360 $2,673.00 MONTHLY $3,250.00 MONTHLY GENERAL 30585 POOL MAINTENANCE COORDINATOR 416 $3,535.00 MONTHLY $4,297.00 MONTHLY GENERAL 00331 POOL MANAGER I NA $19.02 HOURLY $20.97 HOURLY NA 00333 POOL MANAGER II NA $20.58 HOURLY $22.69 HOURLY NA 20019 PRINCIPAL ACCOUNTANT 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10670 PRINCIPAL LIBRARIAN 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10864 PROCUREMENT/CONTRACT SUPPORT SERVICES DIVISION MANAGER (U)598 $8,762.00 MONTHLY $10,650.00 MONTHLY MANAGEMENT 10446 PROFESSIONAL LAND SURVEYOR PLS 546 $6,760.00 MONTHLY $8,217.00 MONTHLY MANAGEMENT 30975 PROGRAM MANAGER RSVP 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30976 PROGRAM MANAGER SCP 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 7 of 19 17.c Packet Pg. 465 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10131 PROJECT MANAGER OF HOUSING PROGRAMS (U)550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $6,896.00 MONTHLY $8,383.00 MONTHLY MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20166 PROPERTY EVIDENCE AND SUPPLY SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 30800 PUBLIC AFFAIRS SPECIALIST 449 $4,167.00 MONTHLY $5,065.00 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $8,546.00 MONTHLY $10,388.00 MONTHLY MANAGEMENT 10621 PUBLIC SAFETY IT MANAGER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MANAGEMENT 30900 PUMP MECHANIC 454 $4,273.00 MONTHLY $5,193.00 MONTHLY GENERAL 30770 RANGEMASTER 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,010.00 MONTHLY $9,736.00 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE NA $14.00 HOURLY $15.44 HOURLY NA 10403 RECREATION COMMUNITY SERVICES DIVISION MANAGER (U)560 $7,249.00 MONTHLY $8,811.00 MONTHLY MANAGEMENT 00244 RECREATION LEADER NA $14.59 HOURLY $16.09 HOURLY NA 00257 RECREATION SPECIALIST - FOOD SERVICE NA $16.90 HOURLY $18.63 HOURLY NA 00254 RECREATION SPECIALIST - SOCIAL AND CULTURAL NA $16.90 HOURLY $18.63 HOURLY NA 00255 RECREATION SPECIALIST - SPORTS AND ATHLETICS NA $16.90 HOURLY $18.63 HOURLY NA 00206 RECREATION SPECIALIST - THEATRE TECHNICIAN NA $16.90 HOURLY $18.63 HOURLY NA 00258 RECREATION SPECIALIST - THERAPUETICS NA $16.90 HOURLY $18.63 HOURLY NA 00256 RECREATION SUPERVISOR (AQUATICS) NA $26.36 HOURLY $32.04 HOURLY NA 30825 RECREATION THERAPIST 450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30568 REPROGRAPHICS AND MAIL TECHNICIAN 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $8,419.00 MONTHLY $10,234.00 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL 30721 SB DIRECT CALL TAKER 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 30722 SB DIRECT CALL TAKER (BILINGUAL)430 $3,791.00 MONTHLY $4,607.00 MONTHLY GENERAL 00270 SECURITY GUARD NA $14.00 HOURLY $14.00 HOURLY NA 00263 SECURITY OFFICER NA $18.36 HOURLY $18.36 HOURLY NA 00265 SECURITY OFFICER II NA $20.40 HOURLY $20.40 HOURLY NA 10511 SENIOR ADMINISTRATIVE ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MANAGEMENT 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,428.00 MONTHLY $6,598.00 MONTHLY GENERAL 30600 SENIOR BUSINESS REGISTRATION REPRESENTATIVE 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT 10181 SENIOR CIVIL ENGINEER/DIVISION MANAGER (U)597 $8,718.00 MONTHLY $10,597.00 MONTHLY MANAGEMENT 20446 SENIOR CODE ENFORCEMENT OFFICER 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)400 $3,264.00 MONTHLY $3,967.00 MONTHLY CONFIDENTIAL 30223 SENIOR CUSTOMER SERVICE REPRESENTATIVE/DISPATCHER 390 $3,105.00 MONTHLY $3,774.00 MONTHLY GENERAL 10653 SENIOR DEPUTY CITY ATTORNEY (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 8 of 19 17.c Packet Pg. 466 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 10067 SENIOR FINANCE SPECIALIST 500 $5,374.00 MONTHLY $6,532.00 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,242.00 MONTHLY $7,587.00 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 430 $3,791.00 MONTHLY $4,607.00 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 550 $6,896.00 MONTHLY $8,383.00 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,402.00 MONTHLY $5,351.00 MONTHLY CONFIDENTIAL 20213 SENIOR LIBRARIAN 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 30393 SENIOR LIBRARY TECHNICIAN 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 00283 SENIOR LIFEGUARD NA $17.19 HOURLY $18.95 HOURLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,106.00 MONTHLY $8,637.00 MONTHLY MANAGEMENT 10527 SENIOR NETWORK ADMINISTRATOR 580 $8,010.00 MONTHLY $9,736.00 MONTHLY CONFIDENTIAL 10636 SENIOR NETWORK SPECIALIST 490 $5,113.00 MONTHLY $6,215.00 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 370 $2,810.00 MONTHLY $3,416.00 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)370 $2,810.00 MONTHLY $3,416.00 MONTHLY CONFIDENTIAL 30582 SENIOR PARKING ENFORCEMENT OFFICER 400 $3,264.00 MONTHLY $3,967.00 MONTHLY GENERAL 20243 SENIOR PLANNER 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT 20245 SENIOR PLANS EXAMINER 520 $5,938.00 MONTHLY $7,218.00 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER NA $15.28 HOURLY $16.85 HOURLY NA 30720 SENIOR SB DIRECT CALL TAKER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30177 SENIOR SURVEY TECHNICIAN 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL 20483 SEWER MAINTENANCE SUPERVISOR 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 30494 SEWER MAINTENANCE WORKER 420 $3,606.00 MONTHLY $4,383.00 MONTHLY GENERAL 30898 STREET SIGN WORKER 410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 20369 STREET SIGNAL AND LIGHTING SUPERVISOR 521 $5,968.00 MONTHLY $7,254.00 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN NA $14.00 HOURLY $22.00 HOURLY NA 20116 SUPERVISING ANIMAL CONTROL OFFICER 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 20450 SUPERVISING CODE ENFORCEMENT OFFICER 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 20614 SUPERVISING CUSTODIAN 410 $3,431.00 MONTHLY $4,170.00 MONTHLY MIDDLE MANAGEMENT 20422 SURVEY SUPERVISOR 480 $4,864.00 MONTHLY $5,912.00 MONTHLY MIDDLE MANAGEMENT 30175 SURVEY TECHNICIAN I (FLEX)410 $3,431.00 MONTHLY $4,170.00 MONTHLY GENERAL 30176 SURVEY TECHNICIAN II 440 $3,984.00 MONTHLY $4,843.00 MONTHLY GENERAL 20336 TECHNOLOGY LIBRARIAN 490 $5,113.00 MONTHLY $6,215.00 MONTHLY MIDDLE MANAGEMENT 20990 TELECOMMUNICATIONS COORDINATOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT 30437 TIRE MAINTENANCE MECHANIC 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 10443 TRAFFIC ENGINEER 570 $7,620.00 MONTHLY $9,262.00 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 530 $6,242.00 MONTHLY $7,587.00 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 540 $6,561.00 MONTHLY $7,975.00 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,188.00 MONTHLY $5,091.00 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 470 $4,627.00 MONTHLY $5,625.00 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 490 $5,113.00 MONTHLY $6,215.00 MONTHLY GENERAL 30667 TREASURY ASSISTANT 380 $2,954.00 MONTHLY $3,591.00 MONTHLY GENERAL 20666 TREASURY SUPERVISOR 470 $4,627.00 MONTHLY $5,625.00 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 9 of 19 17.c Packet Pg. 467 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding ADOPTED 10/20/21 EFFECTIVE 9/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE BOTTOM STEP BOTTOM HOURLY/ MONTHLY TOP STEP TOP HOURLY/ MONTHLY UNIT 20485 TREE TRIMMER SUPERVISOR/ARBORIST 510 $5,649.00 MONTHLY $6,867.00 MONTHLY MIDDLE MANAGEMENT 30000 WEED ABATEMENT COORDINATOR 460 $4,402.00 MONTHLY $5,351.00 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/22 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2021- shall be paid the hourly equivalent of the salary listed in the 2021/2022 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations. SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 10 of 19 17.c Packet Pg. 468 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 326 2256 2279 2302 2324 2347 2369 2393 2417 2440 2464 2488 2513 2538 2562 2587 2612 2638 2664 2691 2717 2743 327 2268 2290 2313 2336 2358 2381 2405 2429 2453 2476 2500 2525 2550 2575 2600 2625 2651 2678 2704 2730 2756 328 2279 2302 2325 2347 2370 2393 2417 2441 2465 2489 2513 2538 2563 2588 2613 2638 2665 2691 2718 2744 2770 329 2291 2313 2336 2359 2382 2405 2429 2453 2477 2501 2525 2551 2576 2601 2626 2652 2678 2705 2731 2758 2784 330 2302 2325 2348 2371 2394 2417 2441 2465 2490 2514 2538 2563 2589 2614 2639 2665 2691 2718 2745 2771 2798 331 2313 2337 2360 2383 2406 2429 2453 2478 2502 2526 2551 2576 2602 2627 2653 2678 2705 2732 2758 2785 2812 332 2325 2348 2372 2395 2418 2441 2466 2490 2515 2539 2563 2589 2615 2640 2666 2692 2718 2745 2772 2799 2826 333 2337 2360 2383 2407 2430 2454 2478 2503 2527 2552 2576 2602 2628 2653 2679 2705 2732 2759 2786 2813 2840 334 2348 2372 2395 2419 2442 2466 2490 2515 2540 2564 2589 2615 2641 2667 2693 2719 2746 2773 2800 2827 2854 335 2360 2384 2407 2431 2454 2478 2503 2528 2552 2577 2602 2628 2654 2680 2706 2732 2759 2787 2814 2841 2869 336 2372 2396 2419 2443 2467 2490 2515 2540 2565 2590 2615 2641 2667 2693 2720 2746 2773 2801 2828 2856 2883 337 2384 2408 2431 2455 2479 2503 2528 2553 2578 2603 2628 2654 2681 2707 2733 2759 2787 2815 2842 2870 2897 338 2396 2420 2444 2468 2492 2515 2541 2566 2591 2616 2641 2668 2694 2720 2747 2773 2801 2829 2856 2884 2912 339 2408 2432 2456 2480 2504 2528 2553 2579 2604 2629 2654 2681 2708 2734 2761 2787 2815 2843 2871 2899 2927 340 2420 2444 2468 2492 2516 2541 2566 2591 2617 2642 2668 2694 2721 2748 2774 2801 2829 2857 2885 2913 2941 341 2432 2456 2480 2505 2529 2553 2579 2604 2630 2656 2681 2708 2735 2761 2788 2815 2843 2871 2900 2928 2956 342 2444 2468 2493 2517 2542 2566 2592 2617 2643 2669 2694 2721 2748 2775 2802 2829 2857 2886 2914 2942 2971 343 2456 2481 2505 2530 2554 2579 2605 2631 2656 2682 2708 2735 2762 2789 2816 2843 2872 2900 2929 2957 2986 344 2468 2493 2518 2543 2567 2592 2618 2644 2670 2696 2721 2749 2776 2803 2830 2858 2886 2915 2943 2972 3000 345 2481 2506 2530 2555 2580 2605 2631 2657 2683 2709 2735 2762 2790 2817 2844 2872 2901 2929 2958 2987 3015 346 2493 2518 2543 2568 2593 2618 2644 2670 2696 2723 2749 2776 2804 2831 2859 2886 2915 2944 2973 3002 3030 347 2506 2531 2556 2581 2606 2631 2657 2684 2710 2736 2762 2790 2818 2845 2873 2901 2930 2959 2988 3017 3046 348 2518 2543 2569 2594 2619 2644 2671 2697 2723 2750 2776 2804 2832 2860 2887 2915 2944 2973 3003 3032 3061 349 2531 2556 2581 2607 2632 2657 2684 2710 2737 2764 2790 2818 2846 2874 2902 2930 2959 2988 3018 3047 3076 350 2543 2569 2594 2620 2645 2671 2697 2724 2751 2777 2804 2832 2860 2888 2916 2944 2974 3003 3033 3062 3092 351 2556 2582 2607 2633 2658 2684 2711 2738 2764 2791 2818 2846 2875 2903 2931 2959 2989 3018 3048 3077 3107 352 2569 2595 2620 2646 2672 2697 2724 2751 2778 2805 2832 2861 2889 2917 2946 2974 3004 3033 3063 3093 3123 353 2582 2608 2633 2659 2685 2711 2738 2765 2792 2819 2846 2875 2903 2932 2960 2989 3019 3048 3078 3108 3138 354 2595 2621 2647 2673 2698 2724 2752 2779 2806 2833 2861 2889 2918 2946 2975 3004 3034 3064 3094 3124 3154 355 2608 2634 2660 2686 2712 2738 2765 2793 2820 2848 2875 2904 2932 2961 2990 3019 3049 3079 3109 3139 3170 356 2621 2647 2673 2699 2726 2752 2779 2807 2834 2862 2889 2918 2947 2976 3005 3034 3064 3094 3125 3155 3185 357 2634 2660 2686 2713 2739 2765 2793 2821 2848 2876 2904 2933 2962 2991 3020 3049 3079 3110 3140 3171 3201 358 2647 2673 2700 2726 2753 2779 2807 2835 2863 2890 2918 2947 2977 3006 3035 3064 3095 3125 3156 3187 3217 359 2660 2687 2713 2740 2767 2793 2821 2849 2877 2905 2933 2962 2992 3021 3050 3080 3110 3141 3172 3203 3233 360 2673 2700 2727 2754 2780 2807 2835 2863 2891 2919 2948 2977 3006 3036 3065 3095 3126 3157 3188 3219 3250 361 2687 2714 2741 2767 2794 2821 2849 2878 2906 2934 2962 2992 3022 3051 3081 3110 3141 3173 3204 3235 3266 362 2700 2727 2754 2781 2808 2835 2864 2892 2920 2949 2977 3007 3037 3066 3096 3126 3157 3188 3220 3251 3282 363 2714 2741 2768 2795 2822 2849 2878 2906 2935 2963 2992 3022 3052 3082 3112 3142 3173 3204 3236 3267 3299 364 2727 2755 2782 2809 2836 2864 2892 2921 2950 2978 3007 3037 3067 3097 3127 3157 3189 3220 3252 3284 3315 365 2741 2768 2796 2823 2851 2878 2907 2936 2964 2993 3022 3052 3082 3113 3143 3173 3205 3237 3268 3300 3332 366 2755 2782 2810 2837 2865 2892 2921 2950 2979 3008 3037 3067 3098 3128 3159 3189 3221 3253 3285 3316 3348 367 2768 2796 2824 2852 2879 2907 2936 2965 2994 3023 3052 3083 3113 3144 3174 3205 3237 3269 3301 3333 3365 368 2782 2810 2838 2866 2894 2921 2951 2980 3009 3038 3068 3098 3129 3160 3190 3221 3253 3285 3318 3350 3382 369 2796 2824 2852 2880 2908 2936 2965 2995 3024 3053 3083 3114 3144 3175 3206 3237 3269 3302 3334 3366 3399 370 2810 2838 2866 2895 2923 2951 2980 3010 3039 3069 3098 3129 3160 3191 3222 3253 3286 3318 3351 3383 3416 371 2824 2852 2881 2909 2937 2965 2995 3025 3054 3084 3114 3145 3176 3207 3238 3269 3302 3335 3368 3400 3433 372 2838 2867 2895 2924 2952 2980 3010 3040 3070 3100 3129 3161 3192 3223 3254 3286 3319 3351 3384 3417 3450 373 2853 2881 2910 2938 2967 2995 3025 3055 3085 3115 3145 3176 3208 3239 3271 3302 3335 3368 3401 3434 3467 374 2867 2895 2924 2953 2981 3010 3040 3070 3100 3131 3161 3192 3224 3255 3287 3319 3352 3385 3418 3451 3485 11 of 19 17.c Packet Pg. 469 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 375 2881 2910 2939 2968 2996 3025 3055 3086 3116 3146 3176 3208 3240 3272 3304 3335 3369 3402 3435 3469 3502 376 2896 2925 2953 2982 3011 3040 3071 3101 3132 3162 3192 3224 3256 3288 3320 3352 3386 3419 3453 3486 3520 377 2910 2939 2968 2997 3026 3056 3086 3117 3147 3178 3208 3240 3272 3305 3337 3369 3402 3436 3470 3503 3537 378 2925 2954 2983 3012 3042 3071 3102 3132 3163 3194 3224 3257 3289 3321 3353 3386 3419 3453 3487 3521 3555 379 2939 2969 2998 3027 3057 3086 3117 3148 3179 3210 3240 3273 3305 3338 3370 3403 3437 3471 3505 3539 3573 380 2954 2983 3013 3043 3072 3102 3133 3164 3195 3226 3257 3289 3322 3354 3387 3420 3454 3488 3522 3556 3591 381 2969 2998 3028 3058 3087 3117 3148 3179 3211 3242 3273 3306 3338 3371 3404 3437 3471 3505 3540 3574 3608 382 2984 3013 3043 3073 3103 3133 3164 3195 3227 3258 3289 3322 3355 3388 3421 3454 3488 3523 3557 3592 3627 383 2998 3028 3058 3088 3118 3148 3180 3211 3243 3274 3306 3339 3372 3405 3438 3471 3506 3540 3575 3610 3645 384 3013 3044 3074 3104 3134 3164 3196 3227 3259 3291 3322 3356 3389 3422 3455 3488 3523 3558 3593 3628 3663 385 3029 3059 3089 3119 3150 3180 3212 3244 3275 3307 3339 3372 3406 3439 3472 3506 3541 3576 3611 3646 3681 386 3044 3074 3105 3135 3165 3196 3228 3260 3292 3324 3356 3389 3423 3456 3490 3523 3559 3594 3629 3664 3700 387 3059 3089 3120 3151 3181 3212 3244 3276 3308 3340 3372 3406 3440 3474 3507 3541 3576 3612 3647 3683 3718 388 3074 3105 3136 3166 3197 3228 3260 3292 3325 3357 3389 3423 3457 3491 3525 3559 3594 3630 3665 3701 3737 389 3090 3120 3151 3182 3213 3244 3276 3309 3341 3374 3406 3440 3474 3508 3542 3577 3612 3648 3684 3720 3755 390 3105 3136 3167 3198 3229 3260 3293 3325 3358 3391 3423 3457 3492 3526 3560 3594 3630 3666 3702 3738 3774 391 3120 3152 3183 3214 3245 3277 3309 3342 3375 3408 3440 3475 3509 3544 3578 3612 3648 3685 3721 3757 3793 392 3136 3167 3199 3230 3262 3293 3326 3359 3392 3425 3458 3492 3527 3561 3596 3630 3667 3703 3739 3776 3812 393 3152 3183 3215 3246 3278 3309 3342 3376 3409 3442 3475 3510 3544 3579 3614 3649 3685 3722 3758 3795 3831 394 3168 3199 3231 3263 3294 3326 3359 3392 3426 3459 3492 3527 3562 3597 3632 3667 3703 3740 3777 3813 3850 395 3183 3215 3247 3279 3311 3343 3376 3409 3443 3476 3510 3545 3580 3615 3650 3685 3722 3759 3796 3833 3869 396 3199 3231 3263 3295 3327 3359 3393 3426 3460 3494 3527 3562 3598 3633 3668 3704 3741 3778 3815 3852 3889 397 3215 3247 3280 3312 3344 3376 3410 3444 3477 3511 3545 3580 3616 3651 3687 3722 3759 3797 3834 3871 3908 398 3231 3264 3296 3328 3361 3393 3427 3461 3495 3529 3563 3598 3634 3669 3705 3741 3778 3816 3853 3890 3928 399 3248 3280 3312 3345 3377 3410 3444 3478 3512 3546 3580 3616 3652 3688 3724 3759 3797 3835 3872 3910 3947 400 3264 3296 3329 3362 3394 3427 3461 3496 3530 3564 3598 3634 3670 3706 3742 3778 3816 3854 3892 3929 3967 401 3280 3313 3346 3378 3411 3444 3479 3513 3547 3582 3616 3652 3689 3725 3761 3797 3835 3873 3911 3949 3987 402 3296 3329 3362 3395 3428 3461 3496 3531 3565 3600 3634 3671 3707 3743 3780 3816 3854 3892 3931 3969 4007 403 3313 3346 3379 3412 3445 3479 3513 3548 3583 3618 3653 3689 3726 3762 3799 3835 3874 3912 3950 3989 4027 404 3330 3363 3396 3429 3463 3496 3531 3566 3601 3636 3671 3708 3744 3781 3818 3854 3893 3931 3970 4009 4047 405 3346 3380 3413 3447 3480 3513 3549 3584 3619 3654 3689 3726 3763 3800 3837 3874 3912 3951 3990 4029 4067 406 3363 3397 3430 3464 3497 3531 3566 3602 3637 3672 3708 3745 3782 3819 3856 3893 3932 3971 4010 4049 4088 407 3380 3414 3447 3481 3515 3549 3584 3620 3655 3691 3726 3763 3801 3838 3875 3912 3952 3991 4030 4069 4108 408 3397 3431 3465 3499 3532 3566 3602 3638 3673 3709 3745 3782 3820 3857 3895 3932 3971 4011 4050 4089 4129 409 3414 3448 3482 3516 3550 3584 3620 3656 3692 3728 3763 3801 3839 3876 3914 3952 3991 4031 4070 4110 4149 410 3431 3465 3499 3534 3568 3602 3638 3674 3710 3746 3782 3820 3858 3896 3934 3971 4011 4051 4091 4130 4170 411 3448 3482 3517 3551 3586 3620 3656 3693 3729 3765 3801 3839 3877 3915 3953 3991 4031 4071 4111 4151 4191 412 3465 3500 3534 3569 3604 3638 3675 3711 3747 3784 3820 3858 3897 3935 3973 4011 4051 4091 4132 4172 4212 413 3482 3517 3552 3587 3622 3657 3693 3730 3766 3803 3839 3878 3916 3955 3993 4031 4072 4112 4152 4193 4233 414 3500 3535 3570 3605 3640 3675 3712 3748 3785 3822 3859 3897 3936 3974 4013 4051 4092 4132 4173 4214 4254 415 3517 3552 3588 3623 3658 3693 3730 3767 3804 3841 3878 3917 3955 3994 4033 4072 4112 4153 4194 4235 4275 416 3535 3570 3606 3641 3676 3712 3749 3786 3823 3860 3897 3936 3975 4014 4053 4092 4133 4174 4215 4256 4297 417 3553 3588 3624 3659 3695 3730 3767 3805 3842 3879 3917 3956 3995 4034 4073 4113 4154 4195 4236 4277 4318 418 3570 3606 3642 3677 3713 3749 3786 3824 3861 3899 3936 3976 4015 4054 4094 4133 4174 4216 4257 4298 4340 419 3588 3624 3660 3696 3732 3768 3805 3843 3881 3918 3956 3996 4035 4075 4114 4154 4195 4237 4278 4320 4361 420 3606 3642 3678 3714 3750 3786 3824 3862 3900 3938 3976 4016 4055 4095 4135 4175 4216 4258 4300 4342 4383 421 3624 3660 3697 3733 3769 3805 3843 3881 3920 3958 3996 4036 4076 4115 4155 4195 4237 4279 4321 4363 4405 422 3642 3679 3715 3752 3788 3824 3863 3901 3939 3977 4016 4056 4096 4136 4176 4216 4259 4301 4343 4385 4427 423 3660 3697 3734 3770 3807 3843 3882 3920 3959 3997 4036 4076 4116 4157 4197 4237 4280 4322 4365 4407 4449 12 of 19 17.c Packet Pg. 470 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 424 3679 3716 3752 3789 3826 3863 3901 3940 3979 4017 4056 4096 4137 4178 4218 4259 4301 4344 4386 4429 4472 425 3697 3734 3771 3808 3845 3882 3921 3960 3998 4037 4076 4117 4158 4198 4239 4280 4323 4366 4408 4451 4494 426 3716 3753 3790 3827 3864 3901 3940 3979 4018 4057 4097 4137 4178 4219 4260 4301 4344 4387 4430 4473 4516 427 3734 3772 3809 3846 3884 3921 3960 3999 4039 4078 4117 4158 4199 4241 4282 4323 4366 4409 4453 4496 4539 428 3753 3790 3828 3865 3903 3941 3980 4019 4059 4098 4138 4179 4220 4262 4303 4344 4388 4431 4475 4518 4562 429 3772 3809 3847 3885 3923 3960 4000 4039 4079 4119 4158 4200 4241 4283 4325 4366 4410 4453 4497 4541 4584 430 3791 3828 3866 3904 3942 3980 4020 4060 4099 4139 4179 4221 4263 4304 4346 4388 4432 4476 4520 4564 4607 431 3809 3848 3886 3924 3962 4000 4040 4080 4120 4160 4200 4242 4284 4326 4368 4410 4454 4498 4542 4586 4630 432 3829 3867 3905 3943 3982 4020 4060 4100 4141 4181 4221 4263 4305 4348 4390 4432 4476 4521 4565 4609 4654 433 3848 3886 3925 3963 4002 4040 4080 4121 4161 4202 4242 4284 4327 4369 4412 4454 4499 4543 4588 4632 4677 434 3867 3906 3944 3983 4022 4060 4101 4141 4182 4223 4263 4306 4349 4391 4434 4476 4521 4566 4611 4655 4700 435 3886 3925 3964 4003 4042 4081 4121 4162 4203 4244 4285 4327 4370 4413 4456 4499 4544 4589 4634 4679 4724 436 3906 3945 3984 4023 4062 4101 4142 4183 4224 4265 4306 4349 4392 4435 4478 4521 4567 4612 4657 4702 4747 437 3925 3964 4004 4043 4082 4121 4163 4204 4245 4286 4328 4371 4414 4457 4501 4544 4589 4635 4680 4726 4771 438 3945 3984 4024 4063 4103 4142 4183 4225 4266 4308 4349 4393 4436 4480 4523 4567 4612 4658 4704 4749 4795 439 3965 4004 4044 4083 4123 4163 4204 4246 4288 4329 4371 4415 4458 4502 4546 4589 4635 4681 4727 4773 4819 440 3984 4024 4064 4104 4144 4184 4225 4267 4309 4351 4393 4437 4481 4525 4568 4612 4659 4705 4751 4797 4843 441 4004 4044 4084 4124 4164 4204 4247 4289 4331 4373 4415 4459 4503 4547 4591 4635 4682 4728 4775 4821 4867 442 4024 4065 4105 4145 4185 4226 4268 4310 4352 4395 4437 4481 4526 4570 4614 4659 4705 4752 4798 4845 4892 443 4044 4085 4125 4166 4206 4247 4289 4332 4374 4417 4459 4504 4548 4593 4637 4682 4729 4776 4822 4869 4916 444 4065 4105 4146 4187 4227 4268 4311 4353 4396 4439 4481 4526 4571 4616 4661 4705 4752 4799 4846 4894 4941 445 4085 4126 4167 4208 4248 4289 4332 4375 4418 4461 4504 4549 4594 4639 4684 4729 4776 4823 4871 4918 4965 446 4105 4146 4187 4229 4270 4311 4354 4397 4440 4483 4526 4571 4617 4662 4707 4752 4800 4848 4895 4943 4990 447 4126 4167 4208 4250 4291 4332 4376 4419 4462 4506 4549 4594 4640 4685 4731 4776 4824 4872 4920 4967 5015 448 4147 4188 4229 4271 4312 4354 4397 4441 4484 4528 4572 4617 4663 4709 4754 4800 4848 4896 4944 4992 5040 449 4167 4209 4251 4292 4334 4376 4419 4463 4507 4551 4594 4640 4686 4732 4778 4824 4872 4921 4969 5017 5065 450 4188 4230 4272 4314 4356 4398 4442 4485 4529 4573 4617 4664 4710 4756 4802 4848 4897 4945 4994 5042 5091 451 4209 4251 4293 4335 4377 4420 4464 4508 4552 4596 4640 4687 4733 4780 4826 4873 4921 4970 5019 5067 5116 452 4230 4272 4315 4357 4399 4442 4486 4530 4575 4619 4664 4710 4757 4804 4850 4897 4946 4995 5044 5093 5142 453 4251 4294 4336 4379 4421 4464 4508 4553 4598 4642 4687 4734 4781 4828 4874 4921 4971 5020 5069 5118 5167 454 4273 4315 4358 4401 4443 4486 4531 4576 4621 4666 4710 4758 4805 4852 4899 4946 4995 5045 5094 5144 5193 455 4294 4337 4380 4423 4466 4509 4554 4599 4644 4689 4734 4781 4829 4876 4923 4971 5020 5070 5120 5170 5219 456 4315 4358 4402 4445 4488 4531 4576 4622 4667 4712 4758 4805 4853 4900 4948 4996 5046 5095 5145 5195 5245 457 4337 4380 4424 4467 4510 4554 4599 4645 4690 4736 4781 4829 4877 4925 4973 5021 5071 5121 5171 5221 5272 458 4359 4402 4446 4489 4533 4577 4622 4668 4714 4760 4805 4853 4901 4950 4998 5046 5096 5147 5197 5247 5298 459 4380 4424 4468 4512 4556 4599 4645 4691 4737 4783 4829 4878 4926 4974 5023 5071 5122 5172 5223 5274 5324 460 4402 4446 4490 4534 4578 4622 4669 4715 4761 4807 4854 4902 4951 4999 5048 5096 5147 5198 5249 5300 5351 461 4424 4469 4513 4557 4601 4646 4692 4738 4785 4831 4878 4927 4975 5024 5073 5122 5173 5224 5275 5327 5378 462 4446 4491 4535 4580 4624 4669 4715 4762 4809 4855 4902 4951 5000 5049 5098 5147 5199 5250 5302 5353 5405 463 4469 4513 4558 4603 4647 4692 4739 4786 4833 4880 4927 4976 5025 5074 5124 5173 5225 5276 5328 5380 5432 464 4491 4536 4581 4626 4671 4716 4763 4810 4857 4904 4951 5001 5050 5100 5149 5199 5251 5303 5355 5407 5459 465 4513 4559 4604 4649 4694 4739 4787 4834 4881 4929 4976 5026 5076 5125 5175 5225 5277 5329 5382 5434 5486 466 4536 4581 4627 4672 4717 4763 4810 4858 4906 4953 5001 5051 5101 5151 5201 5251 5304 5356 5409 5461 5514 467 4559 4604 4650 4695 4741 4787 4834 4882 4930 4978 5026 5076 5126 5177 5227 5277 5330 5383 5436 5488 5541 468 4581 4627 4673 4719 4765 4811 4859 4907 4955 5003 5051 5102 5152 5203 5253 5304 5357 5410 5463 5516 5569 469 4604 4650 4696 4743 4789 4835 4883 4931 4980 5028 5076 5127 5178 5229 5279 5330 5383 5437 5490 5543 5597 470 4627 4674 4720 4766 4813 4859 4907 4956 5005 5053 5102 5153 5204 5255 5306 5357 5410 5464 5518 5571 5625 471 4651 4697 4744 4790 4837 4883 4932 4981 5030 5078 5127 5179 5230 5281 5332 5384 5437 5491 5545 5599 5653 472 4674 4721 4767 4814 4861 4907 4957 5006 5055 5104 5153 5204 5256 5307 5359 5411 5465 5519 5573 5627 5681 13 of 19 17.c Packet Pg. 471 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 473 4697 4744 4791 4838 4885 4932 4981 5031 5080 5129 5179 5230 5282 5334 5386 5438 5492 5546 5601 5655 5709 474 4721 4768 4815 4862 4909 4957 5006 5056 5105 5155 5205 5257 5309 5361 5413 5465 5519 5574 5629 5683 5738 475 4744 4792 4839 4887 4934 4981 5031 5081 5131 5181 5231 5283 5335 5387 5440 5492 5547 5602 5657 5712 5767 476 4768 4816 4863 4911 4959 5006 5056 5107 5157 5207 5257 5309 5362 5414 5467 5520 5575 5630 5685 5740 5796 477 4792 4840 4888 4936 4983 5031 5082 5132 5182 5233 5283 5336 5389 5441 5494 5547 5603 5658 5714 5769 5824 478 4816 4864 4912 4960 5008 5057 5107 5158 5208 5259 5309 5362 5416 5469 5522 5575 5631 5686 5742 5798 5854 479 4840 4888 4937 4985 5033 5082 5133 5183 5234 5285 5336 5389 5443 5496 5549 5603 5659 5715 5771 5827 5883 480 4864 4913 4961 5010 5059 5107 5158 5209 5260 5312 5363 5416 5470 5524 5577 5631 5687 5743 5800 5856 5912 481 4888 4937 4986 5035 5084 5133 5184 5235 5287 5338 5389 5443 5497 5551 5605 5659 5716 5772 5829 5885 5942 482 4913 4962 5011 5060 5109 5158 5210 5262 5313 5365 5416 5471 5525 5579 5633 5687 5744 5801 5858 5915 5972 483 4937 4987 5036 5086 5135 5184 5236 5288 5340 5392 5443 5498 5552 5607 5661 5716 5773 5830 5887 5944 6001 484 4962 5012 5061 5111 5161 5210 5262 5314 5366 5419 5471 5525 5580 5635 5690 5744 5802 5859 5917 5974 6031 485 4987 5037 5087 5136 5186 5236 5289 5341 5393 5446 5498 5553 5608 5663 5718 5773 5831 5888 5946 6004 6062 486 5012 5062 5112 5162 5212 5262 5315 5368 5420 5473 5526 5581 5636 5691 5747 5802 5860 5918 5976 6034 6092 487 5037 5087 5138 5188 5238 5289 5342 5394 5447 5500 5553 5609 5664 5720 5775 5831 5889 5947 6006 6064 6122 488 5062 5113 5163 5214 5265 5315 5368 5421 5475 5528 5581 5637 5693 5748 5804 5860 5919 5977 6036 6094 6153 489 5087 5138 5189 5240 5291 5342 5395 5449 5502 5555 5609 5665 5721 5777 5833 5889 5948 6007 6066 6125 6184 490 5113 5164 5215 5266 5317 5368 5422 5476 5529 5583 5637 5693 5750 5806 5862 5919 5978 6037 6096 6155 6215 491 5138 5190 5241 5293 5344 5395 5449 5503 5557 5611 5665 5722 5778 5835 5892 5948 6008 6067 6127 6186 6246 492 5164 5216 5267 5319 5371 5422 5476 5531 5585 5639 5693 5750 5807 5864 5921 5978 6038 6098 6157 6217 6277 493 5190 5242 5294 5346 5397 5449 5504 5558 5613 5667 5722 5779 5836 5893 5951 6008 6068 6128 6188 6248 6308 494 5216 5268 5320 5372 5424 5477 5531 5586 5641 5696 5750 5808 5865 5923 5980 6038 6098 6159 6219 6279 6340 495 5242 5294 5347 5399 5452 5504 5559 5614 5669 5724 5779 5837 5895 5953 6010 6068 6129 6190 6250 6311 6372 496 5268 5321 5373 5426 5479 5532 5587 5642 5697 5753 5808 5866 5924 5982 6040 6099 6160 6220 6281 6342 6403 497 5294 5347 5400 5453 5506 5559 5615 5670 5726 5782 5837 5896 5954 6012 6071 6129 6190 6252 6313 6374 6435 498 5321 5374 5427 5481 5534 5587 5643 5699 5755 5810 5866 5925 5984 6042 6101 6160 6221 6283 6344 6406 6468 499 5348 5401 5454 5508 5561 5615 5671 5727 5783 5840 5896 5955 6014 6073 6131 6190 6252 6314 6376 6438 6500 500 5374 5428 5482 5535 5589 5643 5699 5756 5812 5869 5925 5984 6044 6103 6162 6221 6284 6346 6408 6470 6532 501 5401 5455 5509 5563 5617 5671 5728 5785 5841 5898 5955 6014 6074 6133 6193 6252 6315 6378 6440 6503 6565 502 5428 5482 5537 5591 5645 5700 5757 5814 5871 5928 5985 6044 6104 6164 6224 6284 6347 6409 6472 6535 6598 503 5455 5510 5564 5619 5673 5728 5785 5843 5900 5957 6014 6075 6135 6195 6255 6315 6378 6441 6505 6568 6631 504 5483 5537 5592 5647 5702 5757 5814 5872 5929 5987 6045 6105 6165 6226 6286 6347 6410 6474 6537 6601 6664 505 5510 5565 5620 5675 5730 5785 5843 5901 5959 6017 6075 6135 6196 6257 6318 6378 6442 6506 6570 6634 6697 506 5538 5593 5648 5704 5759 5814 5873 5931 5989 6047 6105 6166 6227 6288 6349 6410 6474 6539 6603 6667 6731 507 5565 5621 5677 5732 5788 5843 5902 5960 6019 6077 6136 6197 6258 6320 6381 6442 6507 6571 6636 6700 6765 508 5593 5649 5705 5761 5817 5873 5931 5990 6049 6108 6166 6228 6290 6351 6413 6475 6539 6604 6669 6734 6798 509 5621 5677 5733 5790 5846 5902 5961 6020 6079 6138 6197 6259 6321 6383 6445 6507 6572 6637 6702 6767 6832 510 5649 5706 5762 5819 5875 5932 5991 6050 6110 6169 6228 6290 6353 6415 6477 6540 6605 6670 6736 6801 6867 511 5677 5734 5791 5848 5904 5961 6021 6080 6140 6200 6259 6322 6384 6447 6510 6572 6638 6704 6769 6835 6901 512 5706 5763 5820 5877 5934 5991 6051 6111 6171 6231 6291 6354 6416 6479 6542 6605 6671 6737 6803 6869 6935 513 5734 5792 5849 5906 5964 6021 6081 6141 6202 6262 6322 6385 6448 6512 6575 6638 6705 6771 6837 6904 6970 514 5763 5821 5878 5936 5993 6051 6112 6172 6233 6293 6354 6417 6481 6544 6608 6671 6738 6805 6871 6938 7005 515 5792 5850 5908 5966 6023 6081 6142 6203 6264 6325 6385 6449 6513 6577 6641 6705 6772 6839 6906 6973 7040 516 5821 5879 5937 5995 6054 6112 6173 6234 6295 6356 6417 6482 6546 6610 6674 6738 6806 6873 6940 7008 7075 517 5850 5908 5967 6025 6084 6142 6204 6265 6327 6388 6449 6514 6578 6643 6707 6772 6840 6907 6975 7043 7111 518 5879 5938 5997 6055 6114 6173 6235 6296 6358 6420 6482 6547 6611 6676 6741 6806 6874 6942 7010 7078 7146 519 5908 5968 6027 6086 6145 6204 6266 6328 6390 6452 6514 6579 6644 6710 6775 6840 6908 6977 7045 7113 7182 520 5938 5997 6057 6116 6176 6235 6297 6360 6422 6484 6547 6612 6678 6743 6809 6874 6943 7011 7080 7149 7218 521 5968 6027 6087 6147 6206 6266 6329 6391 6454 6517 6579 6645 6711 6777 6843 6908 6977 7047 7116 7185 7254 14 of 19 17.c Packet Pg. 472 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 522 5998 6058 6118 6177 6237 6297 6360 6423 6486 6549 6612 6678 6745 6811 6877 6943 7012 7082 7151 7221 7290 523 6028 6088 6148 6208 6269 6329 6392 6456 6519 6582 6645 6712 6778 6845 6911 6978 7047 7117 7187 7257 7327 524 6058 6118 6179 6239 6300 6361 6424 6488 6551 6615 6679 6745 6812 6879 6946 7013 7083 7153 7223 7293 7363 525 6088 6149 6210 6271 6331 6392 6456 6520 6584 6648 6712 6779 6846 6913 6980 7048 7118 7189 7259 7329 7400 526 6118 6180 6241 6302 6363 6424 6489 6553 6617 6681 6746 6813 6880 6948 7015 7083 7154 7224 7295 7366 7437 527 6149 6210 6272 6333 6395 6456 6521 6586 6650 6715 6779 6847 6915 6983 7050 7118 7189 7261 7332 7403 7474 528 6180 6242 6303 6365 6427 6489 6554 6619 6683 6748 6813 6881 6949 7018 7086 7154 7225 7297 7368 7440 7512 529 6211 6273 6335 6397 6459 6521 6586 6652 6717 6782 6847 6916 6984 7053 7121 7190 7261 7333 7405 7477 7549 530 6242 6304 6367 6429 6491 6554 6619 6685 6750 6816 6881 6950 7019 7088 7157 7226 7298 7370 7442 7515 7587 531 6273 6336 6398 6461 6524 6587 6652 6718 6784 6850 6916 6985 7054 7123 7193 7262 7334 7407 7480 7552 7625 532 6304 6367 6430 6493 6556 6619 6686 6752 6818 6884 6950 7020 7089 7159 7228 7298 7371 7444 7517 7590 7663 533 6336 6399 6463 6526 6589 6653 6719 6786 6852 6919 6985 7055 7125 7195 7265 7334 7408 7481 7554 7628 7701 534 6367 6431 6495 6558 6622 6686 6753 6820 6886 6953 7020 7090 7161 7231 7301 7371 7445 7519 7592 7666 7740 535 6399 6463 6527 6591 6655 6719 6786 6854 6921 6988 7055 7126 7196 7267 7337 7408 7482 7556 7630 7704 7778 536 6431 6496 6560 6624 6689 6753 6820 6888 6955 7023 7091 7161 7232 7303 7374 7445 7519 7594 7668 7743 7817 537 6463 6528 6593 6657 6722 6787 6855 6922 6990 7058 7126 7197 7268 7340 7411 7482 7557 7632 7707 7782 7856 538 6496 6561 6626 6691 6756 6821 6889 6957 7025 7093 7162 7233 7305 7376 7448 7520 7595 7670 7745 7820 7896 539 6528 6594 6659 6724 6789 6855 6923 6992 7060 7129 7197 7269 7341 7413 7485 7557 7633 7708 7784 7860 7935 540 6561 6627 6692 6758 6823 6889 6958 7027 7096 7165 7233 7306 7378 7450 7523 7595 7671 7747 7823 7899 7975 541 6594 6660 6726 6792 6857 6923 6993 7062 7131 7200 7270 7342 7415 7488 7560 7633 7709 7786 7862 7938 8015 542 6627 6693 6759 6825 6892 6958 7028 7097 7167 7236 7306 7379 7452 7525 7598 7671 7748 7825 7901 7978 8055 543 6660 6726 6793 6860 6926 6993 7063 7133 7203 7273 7342 7416 7489 7563 7636 7710 7787 7864 7941 8018 8095 544 6693 6760 6827 6894 6961 7028 7098 7168 7239 7309 7379 7453 7527 7601 7674 7748 7826 7903 7981 8058 8136 545 6727 6794 6861 6928 6996 7063 7134 7204 7275 7345 7416 7490 7564 7639 7713 7787 7865 7943 8020 8098 8176 546 6760 6828 6895 6963 7031 7098 7169 7240 7311 7382 7453 7528 7602 7677 7751 7826 7904 7982 8061 8139 8217 547 6794 6862 6930 6998 7066 7134 7205 7276 7348 7419 7490 7565 7640 7715 7790 7865 7944 8022 8101 8180 8258 548 6828 6896 6965 7033 7101 7169 7241 7313 7384 7456 7528 7603 7678 7754 7829 7904 7983 8062 8141 8220 8299 549 6862 6931 6999 7068 7137 7205 7277 7349 7421 7493 7565 7641 7717 7792 7868 7944 8023 8103 8182 8262 8341 550 6896 6965 7034 7103 7172 7241 7314 7386 7458 7531 7603 7679 7755 7831 7907 7983 8063 8143 8223 8303 8383 551 6931 7000 7070 7139 7208 7277 7350 7423 7496 7569 7641 7718 7794 7871 7947 8023 8104 8184 8264 8344 8425 552 6966 7035 7105 7175 7244 7314 7387 7460 7533 7606 7680 7756 7833 7910 7987 8064 8144 8225 8305 8386 8467 553 7000 7070 7140 7210 7280 7350 7424 7497 7571 7644 7718 7795 7872 7949 8027 8104 8185 8266 8347 8428 8509 554 7035 7106 7176 7246 7317 7387 7461 7535 7609 7683 7757 7834 7912 7989 8067 8144 8226 8307 8389 8470 8552 555 7071 7141 7212 7283 7353 7424 7498 7573 7647 7721 7795 7873 7951 8029 8107 8185 8267 8349 8431 8512 8594 556 7106 7177 7248 7319 7390 7461 7536 7610 7685 7760 7834 7913 7991 8069 8148 8226 8308 8391 8473 8555 8637 557 7141 7213 7284 7356 7427 7499 7574 7648 7723 7798 7873 7952 8031 8110 8188 8267 8350 8432 8515 8598 8680 558 7177 7249 7321 7392 7464 7536 7611 7687 7762 7837 7913 7992 8071 8150 8229 8308 8392 8475 8558 8641 8724 559 7213 7285 7357 7429 7502 7574 7649 7725 7801 7877 7952 8032 8111 8191 8270 8350 8433 8517 8600 8684 8767 560 7249 7322 7394 7467 7539 7612 7688 7764 7840 7916 7992 8072 8152 8232 8312 8392 8476 8560 8644 8727 8811 561 7285 7358 7431 7504 7577 7650 7726 7803 7879 7956 8032 8112 8193 8273 8353 8434 8518 8602 8687 8771 8855 562 7322 7395 7468 7541 7615 7688 7765 7842 7919 7995 8072 8153 8234 8314 8395 8476 8561 8645 8730 8815 8900 563 7358 7432 7506 7579 7653 7726 7804 7881 7958 8035 8113 8194 8275 8356 8437 8518 8603 8689 8774 8859 8944 564 7395 7469 7543 7617 7691 7765 7843 7920 7998 8076 8153 8235 8316 8398 8479 8561 8646 8732 8818 8903 8989 565 7432 7506 7581 7655 7729 7804 7882 7960 8038 8116 8194 8276 8358 8440 8522 8604 8690 8776 8862 8948 9034 566 7469 7544 7619 7693 7768 7843 7921 8000 8078 8157 8235 8317 8400 8482 8564 8647 8733 8820 8906 8993 9079 567 7507 7582 7657 7732 7807 7882 7961 8040 8118 8197 8276 8359 8442 8524 8607 8690 8777 8864 8951 9038 9124 568 7544 7620 7695 7771 7846 7921 8001 8080 8159 8238 8317 8401 8484 8567 8650 8733 8821 8908 8995 9083 9170 569 7582 7658 7734 7809 7885 7961 8041 8120 8200 8279 8359 8443 8526 8610 8693 8777 8865 8953 9040 9128 9216 570 7620 7696 7772 7848 7925 8001 8081 8161 8241 8321 8401 8485 8569 8653 8737 8821 8909 8997 9086 9174 9262 15 of 19 17.c Packet Pg. 473 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 571 7658 7735 7811 7888 7964 8041 8121 8202 8282 8362 8443 8527 8612 8696 8781 8865 8954 9042 9131 9220 9308 572 7696 7773 7850 7927 8004 8081 8162 8243 8323 8404 8485 8570 8655 8740 8824 8909 8998 9088 9177 9266 9355 573 7735 7812 7889 7967 8044 8121 8203 8284 8365 8446 8528 8613 8698 8783 8869 8954 9043 9133 9223 9312 9402 574 7773 7851 7929 8007 8084 8162 8244 8325 8407 8489 8570 8656 8742 8827 8913 8999 9089 9179 9269 9359 9449 575 7812 7890 7969 8047 8125 8203 8285 8367 8449 8531 8613 8699 8785 8871 8958 9044 9134 9225 9315 9405 9496 576 7851 7930 8008 8087 8165 8244 8326 8409 8491 8574 8656 8743 8829 8916 9002 9089 9180 9271 9362 9452 9543 577 7891 7969 8048 8127 8206 8285 8368 8451 8534 8617 8699 8786 8873 8960 9047 9134 9226 9317 9408 9500 9591 578 7930 8009 8089 8168 8247 8327 8410 8493 8576 8660 8743 8830 8918 9005 9093 9180 9272 9364 9455 9547 9639 579 7970 8049 8129 8209 8288 8368 8452 8536 8619 8703 8787 8874 8962 9050 9138 9226 9318 9410 9503 9595 9687 580 8010 8090 8170 8250 8330 8410 8494 8578 8662 8746 8831 8919 9007 9095 9184 9272 9365 9457 9550 9643 9736 581 8050 8130 8211 8291 8372 8452 8537 8621 8706 8790 8875 8963 9052 9141 9230 9318 9412 9505 9598 9691 9784 582 8090 8171 8252 8333 8413 8494 8579 8664 8749 8834 8919 9008 9097 9187 9276 9365 9459 9552 9646 9740 9833 583 8130 8212 8293 8374 8455 8537 8622 8708 8793 8878 8964 9053 9143 9233 9322 9412 9506 9600 9694 9788 9882 584 8171 8253 8334 8416 8498 8579 8665 8751 8837 8923 9008 9099 9189 9279 9369 9459 9553 9648 9743 9837 9932 585 8212 8294 8376 8458 8540 8622 8709 8795 8881 8967 9053 9144 9235 9325 9416 9506 9601 9696 9791 9886 9981 586 8253 8335 8418 8500 8583 8665 8752 8839 8925 9012 9099 9190 9281 9372 9463 9554 9649 9745 9840 9936 10031 587 8294 8377 8460 8543 8626 8709 8796 8883 8970 9057 9144 9236 9327 9419 9510 9601 9697 9793 9889 9986 10082 588 8336 8419 8502 8586 8669 8752 8840 8927 9015 9102 9190 9282 9374 9466 9558 9649 9746 9842 9939 10035 10132 589 8377 8461 8545 8629 8712 8796 8884 8972 9060 9148 9236 9328 9421 9513 9605 9698 9795 9892 9989 10086 10183 590 8419 8503 8588 8672 8756 8840 8928 9017 9105 9194 9282 9375 9468 9561 9653 9746 9844 9941 10039 10136 10234 591 8461 8546 8630 8715 8800 8884 8973 9062 9151 9240 9329 9422 9515 9608 9702 9795 9893 9991 10089 10187 10285 592 8504 8589 8674 8759 8844 8929 9018 9107 9197 9286 9375 9469 9563 9656 9750 9844 9942 10041 10139 10238 10336 593 8546 8632 8717 8802 8888 8973 9063 9153 9243 9332 9422 9516 9610 9705 9799 9893 9992 10091 10190 10289 10388 594 8589 8675 8761 8846 8932 9018 9108 9199 9289 9379 9469 9564 9659 9753 9848 9943 10042 10141 10241 10340 10440 595 8632 8718 8804 8891 8977 9063 9154 9245 9335 9426 9516 9612 9707 9802 9897 9992 10092 10192 10292 10392 10492 596 8675 8762 8848 8935 9022 9109 9200 9291 9382 9473 9564 9660 9755 9851 9947 10042 10143 10243 10344 10444 10544 597 8718 8805 8893 8980 9067 9154 9246 9337 9429 9520 9612 9708 9804 9900 9996 10092 10193 10294 10395 10496 10597 598 8762 8849 8937 9025 9112 9200 9292 9384 9476 9568 9660 9757 9853 9950 10046 10143 10244 10346 10447 10549 10650 599 8806 8894 8982 9070 9158 9246 9338 9431 9523 9616 9708 9805 9902 9999 10097 10194 10296 10398 10499 10601 10703 600 8850 8938 9027 9115 9204 9292 9385 9478 9571 9664 9757 9854 9952 10049 10147 10245 10347 10450 10552 10654 10757 601 8894 8983 9072 9161 9250 9339 9432 9525 9619 9712 9806 9904 10002 10100 10198 10296 10399 10502 10605 10708 10811 602 8938 9028 9117 9207 9296 9385 9479 9573 9667 9761 9855 9953 10052 10150 10249 10347 10451 10554 10658 10761 10865 603 8983 9073 9163 9253 9342 9432 9527 9621 9715 9810 9904 10003 10102 10201 10300 10399 10503 10607 10711 10815 10919 604 9028 9118 9209 9299 9389 9479 9574 9669 9764 9859 9953 10053 10152 10252 10352 10451 10556 10660 10765 10869 10974 605 9073 9164 9255 9345 9436 9527 9622 9717 9813 9908 10003 10103 10203 10303 10403 10503 10608 10713 10818 10923 11028 606 9119 9210 9301 9392 9483 9574 9670 9766 9862 9957 10053 10154 10254 10355 10455 10556 10661 10767 10873 10978 11084 607 9164 9256 9347 9439 9531 9622 9719 9815 9911 10007 10103 10204 10306 10407 10508 10609 10715 10821 10927 11033 11139 608 9210 9302 9394 9486 9578 9670 9767 9864 9961 10057 10154 10256 10357 10459 10560 10662 10768 10875 10982 11088 11195 609 9256 9349 9441 9534 9626 9719 9816 9913 10010 10108 10205 10307 10409 10511 10613 10715 10822 10929 11036 11144 11251 610 9302 9395 9488 9581 9674 9767 9865 9963 10060 10158 10256 10358 10461 10563 10666 10769 10876 10984 11092 11199 11307 611 9349 9442 9536 9629 9723 9816 9914 10013 10111 10209 10307 10410 10513 10616 10719 10822 10931 11039 11147 11255 11364 612 9396 9489 9583 9677 9771 9865 9964 10063 10161 10260 10359 10462 10566 10669 10773 10877 10985 11094 11203 11312 11420 613 9443 9537 9631 9726 9820 9915 10014 10113 10212 10311 10410 10514 10619 10723 10827 10931 11040 11150 11259 11368 11477 614 9490 9585 9680 9774 9869 9964 10064 10163 10263 10363 10462 10567 10672 10776 10881 10986 11095 11205 11315 11425 11535 615 9537 9633 9728 9823 9919 10014 10114 10214 10314 10415 10515 10620 10725 10830 10935 11040 11151 11261 11372 11482 11592 616 9585 9681 9777 9872 9968 10064 10165 10265 10366 10467 10567 10673 10779 10884 10990 11096 11207 11318 11429 11539 11650 617 9633 9729 9825 9922 10018 10114 10216 10317 10418 10519 10620 10726 10833 10939 11045 11151 11263 11374 11486 11597 11709 618 9681 9778 9875 9971 10068 10165 10267 10368 10470 10572 10673 10780 10887 10993 11100 11207 11319 11431 11543 11655 11767 619 9729 9827 9924 10021 10119 10216 10318 10420 10522 10624 10727 10834 10941 11048 11156 11263 11376 11488 11601 11713 11826 16 of 19 17.c Packet Pg. 474 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 620 9778 9876 9974 10071 10169 10267 10370 10472 10575 10678 10780 10888 10996 11104 11211 11319 11432 11546 11659 11772 11885 621 9827 9925 10023 10122 10220 10318 10421 10525 10628 10731 10834 10942 11051 11159 11267 11376 11490 11603 11717 11831 11945 622 9876 9975 10074 10172 10271 10370 10474 10577 10681 10785 10888 10997 11106 11215 11324 11433 11547 11661 11776 11890 12004 623 9925 10025 10124 10223 10322 10422 10526 10630 10734 10839 10943 11052 11162 11271 11380 11490 11605 11720 11835 11949 12064 624 9975 10075 10175 10274 10374 10474 10579 10683 10788 10893 10997 11107 11217 11327 11437 11547 11663 11778 11894 12009 12125 625 10025 10125 10225 10326 10426 10526 10631 10737 10842 10947 11052 11163 11273 11384 11495 11605 11721 11837 11953 12069 12185 626 10075 10176 10277 10377 10478 10579 10685 10790 10896 11002 11108 11219 11330 11441 11552 11663 11780 11896 12013 12130 12246 627 10125 10227 10328 10429 10530 10632 10738 10844 10951 11057 11163 11275 11387 11498 11610 11721 11839 11956 12073 12190 12307 628 10176 10278 10380 10481 10583 10685 10792 10899 11005 11112 11219 11331 11443 11556 11668 11780 11898 12016 12133 12251 12369 629 10227 10329 10431 10534 10636 10738 10846 10953 11060 11168 11275 11388 11501 11613 11726 11839 11957 12076 12194 12312 12431 630 10278 10381 10484 10586 10689 10792 10900 11008 11116 11224 11332 11445 11558 11671 11785 11898 12017 12136 12255 12374 12493 631 10329 10433 10536 10639 10743 10846 10954 11063 11171 11280 11388 11502 11616 11730 11844 11958 12077 12197 12316 12436 12555 632 10381 10485 10589 10693 10796 10900 11009 11118 11227 11336 11445 11560 11674 11788 11903 12017 12138 12258 12378 12498 12618 633 10433 10537 10642 10746 10850 10955 11064 11174 11283 11393 11502 11617 11732 11847 11962 12077 12198 12319 12440 12561 12681 634 10485 10590 10695 10800 10905 11009 11119 11230 11340 11450 11560 11675 11791 11907 12022 12138 12259 12381 12502 12623 12745 635 10538 10643 10748 10854 10959 11064 11175 11286 11396 11507 11618 11734 11850 11966 12082 12199 12321 12443 12565 12686 12808 636 10590 10696 10802 10908 11014 11120 11231 11342 11453 11565 11676 11793 11909 12026 12143 12260 12382 12505 12627 12750 12873 637 10643 10750 10856 10963 11069 11175 11287 11399 11511 11622 11734 11851 11969 12086 12204 12321 12444 12567 12690 12814 12937 638 10696 10803 10910 11017 11124 11231 11344 11456 11568 11681 11793 11911 12029 12147 12265 12382 12506 12630 12754 12878 13002 639 10750 10857 10965 11072 11180 11287 11400 11513 11626 11739 11852 11970 12089 12207 12326 12444 12569 12693 12818 12942 13067 640 10804 10912 11020 11128 11236 11344 11457 11571 11684 11798 11911 12030 12149 12268 12387 12507 12632 12757 12882 13007 13132 641 10858 10966 11075 11183 11292 11401 11515 11629 11743 11857 11971 12090 12210 12330 12449 12569 12695 12821 12946 13072 13198 642 10912 11021 11130 11239 11348 11458 11572 11687 11801 11916 12030 12151 12271 12391 12512 12632 12758 12885 13011 13137 13264 643 10967 11076 11186 11296 11405 11515 11630 11745 11860 11975 12091 12212 12332 12453 12574 12695 12822 12949 13076 13203 13330 644 11021 11132 11242 11352 11462 11572 11688 11804 11920 12035 12151 12273 12394 12516 12637 12759 12886 13014 13141 13269 13397 645 11076 11187 11298 11409 11520 11630 11747 11863 11979 12096 12212 12334 12456 12578 12700 12822 12951 13079 13207 13335 13464 646 11132 11243 11354 11466 11577 11688 11805 11922 12039 12156 12273 12396 12518 12641 12764 12887 13015 13144 13273 13402 13531 647 11188 11299 11411 11523 11635 11747 11864 11982 12099 12217 12334 12458 12581 12704 12828 12951 13080 13210 13339 13469 13598 648 11243 11356 11468 11581 11693 11806 11924 12042 12160 12278 12396 12520 12644 12768 12892 13016 13146 13276 13406 13536 13666 649 11300 11413 11526 11639 11752 11865 11983 12102 12221 12339 12458 12582 12707 12832 12956 13081 13212 13342 13473 13604 13735 650 11356 11470 11583 11697 11810 11924 12043 12162 12282 12401 12520 12645 12771 12896 13021 13146 13278 13409 13541 13672 13804 651 11413 11527 11641 11755 11869 11984 12103 12223 12343 12463 12583 12709 12834 12960 13086 13212 13344 13476 13608 13740 13873 652 11470 11585 11699 11814 11929 12044 12164 12284 12405 12525 12646 12772 12899 13025 13152 13278 13411 13544 13676 13809 13942 653 11527 11643 11758 11873 11988 12104 12225 12346 12467 12588 12709 12836 12963 13090 13217 13344 13478 13611 13745 13878 14012 654 11585 11701 11817 11933 12048 12164 12286 12408 12529 12651 12772 12900 13028 13156 13283 13411 13545 13679 13813 13948 14082 655 11643 11759 11876 11992 12109 12225 12347 12470 12592 12714 12836 12965 13093 13221 13350 13478 13613 13748 13882 14017 14152 656 11701 11818 11935 12052 12169 12286 12409 12532 12655 12778 12901 13030 13159 13288 13417 13546 13681 13816 13952 14087 14223 657 11760 11877 11995 12112 12230 12348 12471 12595 12718 12842 12965 13095 13224 13354 13484 13613 13749 13886 14022 14158 14294 658 11818 11937 12055 12173 12291 12409 12533 12658 12782 12906 13030 13160 13290 13421 13551 13681 13818 13955 14092 14229 14365 659 11878 11996 12115 12234 12353 12471 12596 12721 12846 12970 13095 13226 13357 13488 13619 13750 13887 14025 14162 14300 14437 660 11937 12056 12176 12295 12414 12534 12659 12784 12910 13035 13160 13292 13424 13555 13687 13818 13957 14095 14233 14371 14509 661 11997 12117 12237 12357 12476 12596 12722 12848 12974 13100 13226 13359 13491 13623 13755 13888 14026 14165 14304 14443 14582 662 12057 12177 12298 12418 12539 12659 12786 12913 13039 13166 13292 13425 13558 13691 13824 13957 14097 14236 14376 14515 14655 663 12117 12238 12359 12480 12602 12723 12850 12977 13104 13232 13359 13492 13626 13760 13893 14027 14167 14307 14448 14588 14728 664 12177 12299 12421 12543 12665 12786 12914 13042 13170 13298 13426 13560 13694 13828 13963 14097 14238 14379 14520 14661 14802 665 12238 12361 12483 12605 12728 12850 12979 13107 13236 13364 13493 13628 13763 13898 14032 14167 14309 14451 14592 14734 14876 666 12300 12423 12546 12669 12792 12915 13044 13173 13302 13431 13560 13696 13831 13967 14103 14238 14381 14523 14665 14808 14950 667 12361 12485 12608 12732 12855 12979 13109 13239 13368 13498 13628 13764 13901 14037 14173 14309 14453 14596 14739 14882 15025 668 12423 12547 12671 12796 12920 13044 13174 13305 13435 13566 13696 13833 13970 14107 14244 14381 14525 14669 14812 14956 15100 17 of 19 17.c Packet Pg. 475 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 669 12485 12610 12735 12859 12984 13109 13240 13371 13502 13634 13765 13902 14040 14178 14315 14453 14597 14742 14886 15031 15176 670 12547 12673 12798 12924 13049 13175 13306 13438 13570 13702 13833 13972 14110 14248 14387 14525 14670 14816 14961 15106 15251 671 12610 12736 12862 12988 13115 13241 13373 13505 13638 13770 13903 14042 14181 14320 14459 14598 14744 14890 15036 15182 15328 672 12673 12800 12927 13053 13180 13307 13440 13573 13706 13839 13972 14112 14252 14391 14531 14671 14817 14964 15111 15258 15404 673 12737 12864 12991 13119 13246 13373 13507 13641 13775 13908 14042 14182 14323 14463 14604 14744 14892 15039 15186 15334 15481 674 12800 12928 13056 13184 13312 13440 13575 13709 13843 13978 14112 14253 14394 14536 14677 14818 14966 15114 15262 15411 15559 675 12864 12993 13121 13250 13379 13507 13642 13778 13913 14048 14183 14325 14466 14608 14750 14892 15041 15190 15339 15488 15637 676 12929 13058 13187 13316 13446 13575 13711 13846 13982 14118 14254 14396 14539 14681 14824 14966 15116 15266 15415 15565 15715 677 12993 13123 13253 13383 13513 13643 13779 13916 14052 14189 14325 14468 14611 14755 14898 15041 15192 15342 15492 15643 15793 678 13058 13189 13319 13450 13580 13711 13848 13985 14122 14259 14397 14541 14685 14828 14972 15116 15268 15419 15570 15721 15872 679 13123 13255 13386 13517 13648 13780 13917 14055 14193 14331 14469 14613 14758 14903 15047 15192 15344 15496 15648 15800 15952 680 13189 13321 13453 13585 13717 13848 13987 14125 14264 14402 14541 14686 14832 14977 15123 15268 15421 15573 15726 15879 16031 681 13255 13388 13520 13653 13785 13918 14057 14196 14335 14474 14614 14760 14906 15052 15198 15344 15498 15651 15805 15958 16112 682 13321 13454 13588 13721 13854 13987 14127 14267 14407 14547 14687 14834 14980 15127 15274 15421 15575 15729 15884 16038 16192 683 13388 13522 13656 13790 13923 14057 14198 14338 14479 14620 14760 14908 15055 15203 15351 15498 15653 15808 15963 16118 16273 684 13455 13589 13724 13858 13993 14128 14269 14410 14551 14693 14834 14982 15131 15279 15427 15576 15731 15887 16043 16199 16354 685 13522 13657 13793 13928 14063 14198 14340 14482 14624 14766 14908 15057 15206 15355 15504 15653 15810 15967 16123 16280 16436 686 13590 13726 13861 13997 14133 14269 14412 14555 14697 14840 14983 15132 15282 15432 15582 15732 15889 16046 16204 16361 16518 687 13658 13794 13931 14067 14204 14341 14484 14627 14771 14914 15058 15208 15359 15509 15660 15810 15969 16127 16285 16443 16601 688 13726 13863 14000 14138 14275 14412 14556 14700 14845 14989 15133 15284 15436 15587 15738 15889 16048 16207 16366 16525 16684 689 13795 13933 14070 14208 14346 14484 14629 14774 14919 15064 15209 15361 15513 15665 15817 15969 16129 16288 16448 16608 16767 690 13864 14002 14141 14279 14418 14557 14702 14848 14993 15139 15285 15437 15590 15743 15896 16049 16209 16370 16530 16691 16851 691 13933 14072 14212 14351 14490 14629 14776 14922 15068 15215 15361 15515 15668 15822 15975 16129 16290 16452 16613 16774 16935 692 14003 14143 14283 14423 14563 14703 14850 14997 15144 15291 15438 15592 15747 15901 16055 16210 16372 16534 16696 16858 17020 693 14073 14213 14354 14495 14635 14776 14924 15072 15219 15367 15515 15670 15825 15980 16136 16291 16454 16617 16779 16942 17105 694 14143 14284 14426 14567 14709 14850 14999 15147 15296 15444 15593 15748 15904 16060 16216 16372 16536 16700 16863 17027 17191 695 14214 14356 14498 14640 14782 14924 15074 15223 15372 15521 15670 15827 15984 16141 16297 16454 16619 16783 16948 17112 17277 696 14285 14428 14570 14713 14856 14999 15149 15299 15449 15599 15749 15906 16064 16221 16379 16536 16702 16867 17032 17198 17363 697 14356 14500 14643 14787 14930 15074 15225 15375 15526 15677 15828 15986 16144 16302 16461 16619 16785 16951 17118 17284 17450 698 14428 14572 14716 14861 15005 15149 15301 15452 15604 15755 15907 16066 16225 16384 16543 16702 16869 17036 17203 17370 17537 699 14500 14645 14790 14935 15080 15225 15377 15530 15682 15834 15986 16146 16306 16466 16626 16786 16953 17121 17289 17457 17625 700 14573 14718 14864 15010 15155 15301 15454 15607 15760 15913 16066 16227 16388 16548 16709 16870 17038 17207 17376 17544 17713 701 14646 14789 14934 15081 15228 15378 15528 15681 15834 15989 16146 16304 16464 16625 16788 16953 17119 17287 17456 17627 17800 702 14719 14863 15009 15156 15305 15455 15606 15759 15913 16069 16227 16386 16546 16709 16872 17038 17205 17373 17543 17715 17889 703 14793 14938 15084 15232 15381 15532 15684 15838 15993 16150 16308 16468 16629 16792 16957 17123 17291 17460 17631 17804 17978 704 14867 15012 15159 15308 15458 15610 15762 15917 16073 16230 16390 16550 16712 16876 17041 17208 17377 17547 17719 17893 18068 705 14941 15087 15235 15385 15535 15688 15841 15997 16153 16312 16471 16633 16796 16960 17127 17295 17464 17635 17808 17982 18159 706 15016 15163 15311 15461 15613 15766 15921 16077 16234 16393 16554 16716 16880 17045 17212 17381 17551 17723 17897 18072 18249 707 15091 15239 15388 15539 15691 15845 16000 16157 16315 16475 16637 16800 16964 17130 17298 17468 17639 17812 17986 18163 18341 708 15166 15315 15465 15616 15770 15924 16080 16238 16397 16557 16720 16884 17049 17216 17385 17555 17727 17901 18076 18254 18432 709 15242 15391 15542 15695 15848 16004 16161 16319 16479 16640 16803 16968 17134 17302 17472 17643 17816 17990 18167 18345 18525 710 15318 15468 15620 15773 15928 16084 16241 16400 16561 16723 16887 17053 17220 17389 17559 17731 17905 18080 18258 18437 18617 711 15395 15546 15698 15852 16007 16164 16323 16482 16644 16807 16972 17138 17306 17476 17647 17820 17994 18171 18349 18529 18710 712 15472 15623 15777 15931 16087 16245 16404 16565 16727 16891 17057 17224 17393 17563 17735 17909 18084 18262 18441 18621 18804 713 15549 15702 15855 16011 16168 16326 16486 16648 16811 16976 17142 17310 17480 17651 17824 17998 18175 18353 18533 18714 18898 714 15627 15780 15935 16091 16249 16408 16569 16731 16895 17060 17228 17397 17567 17739 17913 18089 18266 18445 18626 18808 18992 715 15705 15859 16014 16171 16330 16490 16651 16815 16979 17146 17314 17483 17655 17828 18003 18179 18357 18537 18719 18902 19087 716 15784 15938 16094 16252 16411 16572 16735 16899 17064 17231 17400 17571 17743 17917 18093 18270 18449 18630 18812 18997 19183 717 15863 16018 16175 16333 16494 16655 16818 16983 17150 17318 17487 17659 17832 18007 18183 18361 18541 18723 18906 19092 19279 18 of 19 17.c Packet Pg. 476 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO - SALARY RANGE TABLE (MONTHLY PAY RATES) Range 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 718 15942 16098 16256 16415 16576 16738 16902 17068 17235 17404 17575 17747 17921 18097 18274 18453 18634 18816 19001 19187 19375 719 16022 16179 16337 16497 16659 16822 16987 17153 17322 17491 17663 17836 18011 18187 18365 18545 18727 18911 19096 19283 19472 720 16102 16259 16419 16580 16742 16906 17072 17239 17408 17579 17751 17925 18101 18278 18457 18638 18821 19005 19191 19379 19569 721 16182 16341 16501 16663 16826 16991 17157 17325 17495 17667 17840 18015 18191 18369 18549 18731 18915 19100 19287 19476 19667 722 16263 16422 16583 16746 16910 17076 17243 17412 17583 17755 17929 18105 18282 18461 18642 18825 19009 19196 19384 19574 19765 723 16344 16505 16666 16830 16995 17161 17329 17499 17671 17844 18019 18195 18373 18554 18735 18919 19104 19292 19481 19672 19864 724 16426 16587 16750 16914 17080 17247 17416 17587 17759 17933 18109 18286 18465 18646 18829 19014 19200 19388 19578 19770 19964 725 16508 16670 16833 16998 17165 17333 17503 17675 17848 18023 18199 18378 18558 18740 18923 19109 19296 19485 19676 19869 20063 726 16591 16753 16918 17083 17251 17420 17590 17763 17937 18113 18290 18469 18650 18833 19018 19204 19392 19582 19774 19968 20164 727 16674 16837 17002 17169 17337 17507 17678 17852 18027 18203 18382 18562 18744 18927 19113 19300 19489 19680 19873 20068 20265 728 16757 16921 17087 17255 17424 17594 17767 17941 18117 18294 18474 18655 18837 19022 19208 19397 19587 19779 19973 20168 20366 729 16841 17006 17173 17341 17511 17682 17856 18031 18207 18386 18566 18748 18932 19117 19304 19494 19685 19878 20072 20269 20468 730 16925 17091 17258 17428 17598 17771 17945 18121 18298 18478 18659 18842 19026 19213 19401 19591 19783 19977 20173 20370 20570 731 17010 17176 17345 17515 17686 17860 18035 18211 18390 18570 18752 18936 19121 19309 19498 19689 19882 20077 20274 20472 20673 732 17095 17262 17431 17602 17775 17949 18125 18302 18482 18663 18846 19031 19217 19405 19596 19788 19981 20177 20375 20575 20776 733 17180 17349 17519 17690 17864 18039 18215 18394 18574 18756 18940 19126 19313 19502 19693 19886 20081 20278 20477 20678 20880 734 17266 17435 17606 17779 17953 18129 18307 18486 18667 18850 19035 19221 19410 19600 19792 19986 20182 20380 20579 20781 20985 735 17352 17523 17694 17868 18043 18220 18398 18578 18760 18944 19130 19317 19507 19698 19891 20086 20283 20481 20682 20885 21090 736 17439 17610 17783 17957 18133 18311 18490 18671 18854 19039 19226 19414 19604 19796 19990 20186 20384 20584 20786 20989 21195 737 17526 17698 17872 18047 18224 18402 18583 18765 18949 19134 19322 19511 19702 19895 20090 20287 20486 20687 20890 21094 21301 738 17614 17787 17961 18137 18315 18494 18675 18858 19043 19230 19418 19609 19801 19995 20191 20389 20588 20790 20994 21200 21407 739 17702 17876 18051 18228 18406 18587 18769 18953 19138 19326 19515 19707 19900 20095 20292 20491 20691 20894 21099 21306 21514 740 17791 17965 18141 18319 18498 18680 18863 19048 19234 19423 19613 19805 19999 20195 20393 20593 20795 20999 21204 21412 21622 741 17880 18055 18232 18410 18591 18773 18957 19143 19330 19520 19711 19904 20099 20296 20495 20696 20899 21104 21310 21519 21730 742 17969 18145 18323 18502 18684 18867 19052 19238 19427 19617 19810 20004 20200 20398 20598 20799 21003 21209 21417 21627 21839 743 18059 18236 18415 18595 18777 18961 19147 19335 19524 19715 19909 20104 20301 20500 20701 20903 21108 21315 21524 21735 21948 744 18149 18327 18507 18688 18871 19056 19243 19431 19622 19814 20008 20204 20402 20602 20804 21008 21214 21422 21632 21844 22058 745 18240 18419 18599 18781 18965 19151 19339 19528 19720 19913 20108 20305 20504 20705 20908 21113 21320 21529 21740 21953 22168 746 18331 18511 18692 18875 19060 19247 19436 19626 19818 20013 20209 20407 20607 20809 21013 21219 21427 21637 21849 22063 22279 747 18423 18603 18786 18970 19156 19343 19533 19724 19918 20113 20310 20509 20710 20913 21118 21325 21534 21745 21958 22173 22390 748 18515 18696 18879 19065 19251 19440 19631 19823 20017 20213 20411 20611 20813 21017 21223 21431 21641 21853 22068 22284 22502 19 of 19 17.c Packet Pg. 477 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- JOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service Monthly Pay Rates Effective September 1, 2021: Police Officer $7,141.76 $7,740.50 $8,340.27 $8,939.01 $9,537.75 P-1 Detective/Corporal $8,293.03 $8,939.01 $9,584.99 $10,229.95 $10,875.93 P-2 Sergeant $9,384.73 $10,110.82 $10,836.90 $11,564.02 $12,290.11 P-3 Lieutenant -- -- -- -- $14,743.00 P-4 Captain -- -- -- -- $17,351.00 P-5 Assistant Chief -- -- -- -- $21,242.00 P-6 Chief -- -- -- -- $23,260.00 P-7 17.c Packet Pg. 478 Attachment: Attachment 3 - Exhibit B - City-wide Salary Schedule (8595 : Memorandum of Understanding with the San Bernardino Police Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Mitch Assumma, Community Recreation Manager Subject: 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD Year of a 3-Year Grant Award Recommendation Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San Bernardino, California approving the ratification of the submission of a continuation grant application for year three of a three-year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program (RSVP), accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in matching funds for the continued operation of RSVP for a total amount of $128,798, for the Period of April 1, 2021, through March 31, 2022. Background The City has participated in the federally funded Retired and Senior Volunteer Program (RSVP) for 47 years. The third year of a three-year grant cycle (2019-2022) from the AmeriCorp (formally the Corporation for National and Community Service) will end March 31, 2022. During the most recent program year, 158 participants contributed over 45,000 hours. This grant will enable the City to continue providing these services that enable individuals ages 55 years and older to put their skills and life experience to work for their communities. RSVP volunteers serve from a few hours to forty a week providing everything from supporting senior lunch programs, local hospitals, and the San Bernardino County Sheriff’s Department to providing activities at senior centers and providing disaster preparedness with the California Highway Patrol and San Bernardino County Sheriff’s Department. Discussion The RSVP program provides funds for one full-time RSVP manager, and one part-time staff person who organize and direct the work plans of the volunteer program. The two RSVP staff members recruit volunteers, select work sites, make site visits, and prepare reports to meet grant requirements. RSVP volunteers perform the service activities and provide transportation to seniors. They also participate with local law enforcement as Citizens on Patrol (COP) volunteers. RSVP volunteers do not receive pay, but they can request up to $30 per quarter as reimbursement for their transportation expenses, which is paid out of grant funds. The RSVP grant allows the City to commit many volunteer service activities in ways that benefit the community through matching funds. 18 Packet Pg. 479 8591 Page 2 2020-2025 Key Strategic Targets and Goals Adoption of this Resolution aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains and motivates the highest quality of volunteers for the program; and Key Target No. 3: Improved Quality of Life, which allows volunteers to stay active and engaged in their communities through their services. Fiscal Impact The City provides matching funds for the RSVP program in the amount of $73,989, for a portion of staff salaries, program office supplies, telephone, printing, and volunteer support; grant match funding is included in the FY 2021/22 Operating Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021- of the Mayor and City Council of the City of San Bernardino, California approving the ratification of the submission of a continuation grant application for year three of a three -Year grant with the Corporation for National and Community Service’s Retired and Senior Volunteer Program (RSVP), accepting the Grant Award in the amount of $54,809, and appropriating $73,989 in matching funds for the continued operation of RSVP for a total amount of $128,798, for the period of April 1, 2021, through March 31, 2022. Attachments Attachment 1 Resolution No. 2021-253 - RSVP Grant, 3rd Year Attachment 2 2021-2022 RSVP Grant Renewal Attachment 3 2021-2022 RSVP Notification Letter of Grant Award Attachment 4 2021-2022 RSVP Grant Budget Attachment 5 2021-2022 RSVP Grant Budget Narratives Ward: All Synopsis of Previous Council Actions: December 16, 2020 Mayor and City Council adopted Resolution No. 2020-296 ratifying the grant amendment application submittal and accepting the grant augmentation onetime increase of federal funding of up to $5,000 for a total amount available of $59,809 for the Retired and Senior Volunteer Program for the period of April 1, 2020 through March 31, 2021. May 6, 2020 Mayor and City Council adopt Resolution No. 2020-75, ratifying the submission of a grant application for year two of the Corporation for National and Community Service’s Retired and Senior Volunteer Program, accepting the grant award in the amount of $54,809 and appropriating the grant funds for the period from April 1, 2020 through March 31, 2021. 18 Packet Pg. 480 8591 Page 3 March 20, 2019 Mayor and City Council adopted Resolution No. 2019-42, ratifying the submission of a grant application for year one of three of the National and Community Service’s Retired and Senior Volunteer Program, accepting and appropriating the grant funds in the amount of $47,309 and allocating matching funds of $69,748 for the program for the period of April 1, 2019 through March 31, 2020. 18 Packet Pg. 481 Resolution No. 2021-252 Resolution 2021-252 October 20, 2021 Page 1 of 3 RESOLUTION NO. 2021-252 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE SUBMISSION OF YEAR THREE OF A THREE YEAR GRANT APPLICATION FOR THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE’S RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP); ACCEPTING THE GRANT AWARD; AND APPROPRIATING THE GRANT FUNDS FOR THE PERIOD OF APRIL 1, 2021 THROUGH MARCH 31, 2022 WHEREAS, the City submitted a Grant Continuation application for federal assistance requesting funding for year three of a three-year grant allocation for the Retired and Senior Volunteer Program; and WHEREAS, the Notice of Grant Award was received by the City for the Retired and Senior Volunteer Program on March 30, 2021; and WHEREAS, the City has participated in the federally funded Retired and Senior Volunteer Program for 47 years; and WHEREAS, individuals ages 55 years and older provide services at various locations and organizations; and WHEREAS, 158 individual RSVP volunteers contributed over 45,000 hours of time at various locations and organizations in FY 2020-21. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratify the submission of a grant application for year three of the Corporation of National and Community Service’s Retired and Senior Volunteer Program (RSVP) in the total amount of $128,798. SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept the grant award in the amount of $54,809 and authorize the Director of Finance or his/her designee to appropriate that amount for the continued operation of the RSVP. SECTION 4. The Mayor and City Council of the City of San Bernardino hereby authorize the Director of Finance or her designee to appropriate $73,989 in matching funds (cash and in- kind) to the continued operation of. 18.a Packet Pg. 482 Attachment: Attachment 1 - Resolution No. 2021-252 RSVP Grant 3rd Year (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – Resolution No. 2021-252 Resolution 2021-252 October 20, 2021 Page 2 of 3 SECTION 5. The appropriation of the grant award and matching funds, together totaling $128,798, are for the operation of RSVP from April 1, 2021, through March 31, 2022. SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 483 Attachment: Attachment 1 - Resolution No. 2021-252 RSVP Grant 3rd Year (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – Resolution No. 2021-252 Resolution 2021-252 October 20, 2021 Page 3 of 3 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. 484 Attachment: Attachment 1 - Resolution No. 2021-252 RSVP Grant 3rd Year (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 18.b Packet Pg. 485 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 486 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 487 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 488 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 489 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 490 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 491 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 492 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 493 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 494 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 495 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 496 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 497 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 498 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 499 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 500 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 501 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.b Packet Pg. 502 Attachment: Attachment 2- 2021-2022 RSVP Grant Renewal [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.c Packet Pg. 503 Attachment: Attachment 3 - 2021-2022 RSVP Notification Letter of Grant Award [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer 18.c Packet Pg. 504 Attachment: Attachment 3 - 2021-2022 RSVP Notification Letter of Grant Award [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer 18.d Packet Pg. 505 Attachment: Attachment 4 - 2021-2022 RSVP Grant Budget [Revision 1] (8591 : 2021/22 Retired and Senior Volunteer Program (RSVP) – 3RD 18.e Packet Pg. 506 Attachment: Attachment 5 - RSVP Grant Budget Narrative - 2021-2022 Grant Year 3 of 3 19SRPCA008 (8591 : 2021/22 Retired and Senior 18.e Packet Pg. 507 Attachment: Attachment 5 - RSVP Grant Budget Narrative - 2021-2022 Grant Year 3 of 3 19SRPCA008 (8591 : 2021/22 Retired and Senior 18.e Packet Pg. 508 Attachment: Attachment 5 - RSVP Grant Budget Narrative - 2021-2022 Grant Year 3 of 3 19SRPCA008 (8591 : 2021/22 Retired and Senior 18.e Packet Pg. 509 Attachment: Attachment 5 - RSVP Grant Budget Narrative - 2021-2022 Grant Year 3 of 3 19SRPCA008 (8591 : 2021/22 Retired and Senior Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Mitch Assumma, Community Recreation Manager Subject: Execution of PSA with the PM Group for Design, Print, and Mail of PRCSD Brochure Recommendation Adopt Resolution No. 2021-253 of the Mayor and City Council of the City of San Bernardino, California authorizing the City Manager or designee, to execute a professional services agreement (PSA) between the City and the PM Group (PMG) for the design, print, and mail services of the Parks, Recreation and Community Services Department (PRCSD) trimester brochure for Fiscal Year 2021/22. Background The Parks, Recreation, and Community Services Department provides a diversified system of open spaces, meeting centers, programs , and community services to meet social and leisure needs and enhance the quality of life for all City residents. The Parks and Recreation brochure will play a critical role in communicating the department mission to the community. The brochure of activities will provide information and highlight the quality programming offered through the department divisions: Aquatics, Sports, Center for Individual Development, Special Events, Community Centers, Senior Services including Retired Senior Volunteer Program and Senior Companion Program, and Outdoor facilities including picnic areas, community gardens, outdoor sports courts, special play courts, exercise equipment, and sports fields. Parks and Recreation last produced a hard copy brochure of activities for mailing to the community in Winter/Spring of Fiscal Year 2009. Subsequently, the department has provided activity and program information via a department web page on the City’s website. Council approved producing a brochure again with the adoption of the FY 2021/22 budget. The City released the Request for Quote F-22-14 (RFQ) on September 15, 2021, for the design, print, and mailing of City of San Bern ardino Parks and Recreation trimester brochure. Discussion Residents in San Bernardino may be unaware of all the services the Parks and Recreation Department provides. While marketing through social media and the City’s 19 Packet Pg. 510 8593 Page 2 website is effective, the brochure can reach households that do not have easy access to technology. The brochure serves as a guide for ongoing and seasonal activities, programs, and events. Greater awareness in the community can also equate to more participation and higher revenues through user fee collection. Five responses were submitted via PlanetBids on the City website through October 4, 2021. The following table provides the proposal amounts received from each contractor: Service Provider Proposal Amount The Sur-Ryl Group $16,355.00* The PM Group $67,634.25 The Sauce Creative Services $70,421.52 Creative Vision Group $71,983.00 Atlas Buying Group $86,496.50 *Proposal incomplete, design services only. Upon review of the five responses received, the lowest responsive bidder is th e PM Group for an annual contract amount of $67,635. Based on the quality of the PMG proposal in terms of completeness and responsiveness to the RFQ, cost relative to the work proposed, and professional qualifications, the Parks and Recreation Department has selected the PMG proposal for the design, print, and mail of the City of San Bernardino Parks and Recreation brochure. After review, staff realized that translation services to Spanish were not included in the initial request. Given the high percentage of native Spanish speakers in the City of San Bernardino, it is critical that the brochures be printed in Spanish as well as English. As such, staff recommends a contingency amount of $30,000 to ensure that all of the brochures can be printed in both Engli sh and Spanish. Staff recommends the City execute a PSA for the design, print and mail of City of San Bernardino Parks and Recreation trimester brochure for Fiscal Year 2021/22. The City reserves the right to extend the contract up to four additional, one-year periods, in an amount not to exceed 110% of the annual contract amount of $67,635, including a contingency of $30,000 annually for translation and printing in both Spanish and English. The agreement will amended to include the translation services. 2020-2025 Key Strategic Targets and Goals Adoption of this Resolution aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by providing access to information through the Parks and Recreation brochure, which will boost program participation and community engagement; and Key Target No. 3: Improved Quality of Life by serving as a tool to enhance customer service and a primary promotional source for essential Parks and Recreation services and facilities to the community. Fiscal Impact The Fiscal Year 2021/22 adopted budget includes $130,000 budgeted for the design, print, and mailing of parks and recreation materials, more than sufficient to cover the 19 Packet Pg. 511 8593 Page 3 amount proposed, including staff’s recommended contingency for Spanish translation and printing. FY 2021/22 General Fund, Parks and Recreation PM Group Quote: Design Print, Mail $67,634.25 Spanish Translation and Printing Contingency $30,000.00 TOTAL $97,634.25 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-253 authorizing the City Manager or his designee, to execute a professional services agreement (PSA) between the City and the PM Group (PMG) for the design, print, and mail services of the Parks, Recreation and Community Services Department (PRCSD) trimester brochure for Fiscal Year 2021/22. Attachments Attachment 1 Resolution No. 2021-253 PMG PSA for PRCSD Brochure Attachment 2 Exhibit A- Professional Services Agreement with the PM Group Attachment 3 The PM Group RFQ Response Proposal Attachment 4 Bid Results for PRCSD Brochure PSA Ward: All Synopsis of Previous Council Actions: N/A 19 Packet Pg. 512 Resolution No. 2021-253 Resolution 2021-253 October 20, 2021 Page 1 of 3 RESOLUTION NO. 2021-253 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH THE PM GROUP IN THE AMOUNT OF $67,635 FOR THE DESIGN, PRINT, AND MAIL OF THE CITY OF SAN BERNARDINO PARKS AND RECREATION TRIMESTER BROCHURE, WITH A CONTINGENCY FOR SPANISH TRANSLATION AND PRINTING OF $30,000, FOR A TOTAL OF $97,635 FOR FISCAL YEAR 2021/22 WHEREAS, the Parks, Recreation, and Community Services Department provides a diversified system of open spaces, meeting centers, programs, and community services to meet social and leisure needs and enhance the quality of life for all city residents; and WHEREAS, the Parks and Recreation Department wishes to promote city-wide facilities, programs, and services through a direct mail brochure to the community at large; and WHEREAS, the City has issued RFQ F-22-14 for the design, print, and mail preparation of the City of San Bernardino Parks and Recreation Brochure, and WHEREAS, The PM Group, 25 Rancho Circle, Lake Forest, California 92630 is the lowest and best responsive bidder for the design, print, and mail preparation of the City of San Bernardino Parks and Recreation Brochure, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2, The Mayor and City Council hereby authorize the City Manager or designee, to execute the Professional Services Agreement (PSA) to The PM Group in the amount of $67,635 for design, print, and mail preparation of the City of San Bernardino Parks and Recreation trimester Brochure, with an additional contingency of $30,000 for Spanish translation and printing for a total of $97,635. SECTION 3. The Director of Finance is authorized and directed to issue a purchase order in the amount of up to $97,635, which includes $67,635 for design, printing and mailing, and a contingency of $30,000 for Spanish translation and printing, to the PM Group for this service. 19.a Packet Pg. 513 Attachment: Attachment 1- Resolution 2021-253 PMG PSA Brochure [Revision 2] (8593 : Execution of PSA with the PM Group for Design, Print, Resolution No. 2021-253 Resolution 2021-253 October 20, 2021 Page 2 of 3 SECTION 4. The Mayor and 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 19.a Packet Pg. 514 Attachment: Attachment 1- Resolution 2021-253 PMG PSA Brochure [Revision 2] (8593 : Execution of PSA with the PM Group for Design, Print, Resolution No. 2021-253 Resolution 2021-253 October 20, 2021 Page 3 of 3 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. 515 Attachment: Attachment 1- Resolution 2021-253 PMG PSA Brochure [Revision 2] (8593 : Execution of PSA with the PM Group for Design, Print, 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PM GROUP This Agreement is made and entered into as of October 20, 2021 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and The PM Group, a California Corporation with its principal place of business at 25 Rancho Circle, Lake Forest, California 92630 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.” RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: DESIGN, PRINT, AND MAIL PREPARATION OF CITY OF SAN BERNARDINO PRCSD BROCHURE OF ACTIVITIES FOR FY2021/2022 (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B,” for an amount up to 19.b Packet Pg. 516 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 2 $67,635.00 or $22,545 per edition. This amount is to cover all related costs, and the City will not pay any additional fees for expenses, except those noted in the following subsection. b. Consultant agrees not to raise prices for the initial term of the Agreement, through June 30, 2022. Consultant may request in writing, 60 -days prior to the expiration of the initial term, an increase for the renewal term, not to exceed five percent (5%) per renewal. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through the completion of services as set forth in Exhibit “A,” unless the Agreement is previously terminated as provided for herein (“Term”). The City reserves the right to extend this Agreement for up to four (4) additional one (1) year periods. Such extension shall only be valid if effectuated in writing by the City. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) ye ars from the date of final payment under the contract for inspection by City. 19.b Packet Pg. 517 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 3 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material 19.b Packet Pg. 518 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 4 respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will c onstitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability 19.b Packet Pg. 519 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 5 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. 19.b Packet Pg. 520 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 6 (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. 19.b Packet Pg. 521 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 7 g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 19.b Packet Pg. 522 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 8 such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of th e work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 19.b Packet Pg. 523 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 9 k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the perfo rmance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members 19.b Packet Pg. 524 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 10 of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consulta nt shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term 19.b Packet Pg. 525 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 11 of this Agreement, the action shall be brought in a stat e or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction. 24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect. 25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 19.b Packet Pg. 526 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 12 26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. 27. Organization. Consultant shall assign Paul McKinney as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Mitch Assumma With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: The PM Group 25 Rancho Circle Lake Forest, CA 92630 Attn: Paul McKinney 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises , or agreements 19.b Packet Pg. 527 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 13 have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement. 33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, bro kerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct 19.b Packet Pg. 528 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 14 interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE] 19.b Packet Pg. 529 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE PM GROUP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney THE PM GROUP Signature Name Title 19.b Packet Pg. 530 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 16 EXHIBIT A SCOPE OF SERVICES 19.b Packet Pg. 531 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 17 EXHIBIT A 19.b Packet Pg. 532 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 18 EXHIBIT B SCHEDULE OF CHARGES 19.b Packet Pg. 533 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 19 19.b Packet Pg. 534 Attachment: Attachment 2- Exhibit A- Professional Services Agreement with the PM Group [Revision 1] (8593 : Execution of PSA with the PM 1 The City of San Bernardino PRCSD Brochure Artwork / Printing / Mailing 25 Rancho Circle Lake Forest, CA 92630 (949) 597-1662 • thepmgroup.net October 4, 2021 19.c Packet Pg. 535 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 2 25 Rancho Circle Lake Forest, CA 92630 (949) 597-1662 • thepmgroup.net EXECUTIVE SUMMARY Thank you for the opportunity to offer The PM Group’s artwork, printing, and mailing services for the City of San Bernardino’s PRCSD Brochure. The PM Group offers a true turn-key process, offering all art, printing, and mailing services in a seamless environment. We are one-stop shopping for all your communications needs. • Creative Direction • Art Direction • Production Artwork • Digital Information • Printing • Binding • List Procurement • Mailing and Delivery Other services, such a foreign language translation, are also available. If you need assistance with any type of communication, you can call on The PM Group. PMG acknowledges this Request for Proposal, including Addendum #1, dated 9/23/2021. During the period of proposal evaluation, please contact me, Paul McKinney, at 25 Rancho Circle, Lake Forest, CA 92630 • 949.597.1662, ext. 222. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. Sincerely, Paul McKinney President 19.c Packet Pg. 536 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 3 TABLE OF CONTENTS IDENTIFICATION OF PROPOSER 4 STAFFING RESOURCES 4 FIRM STAFFING AND KEY PERSONNEL SUBCONTRACTORS EXPERIENCE AND TECHNICAL COMPETENCE 9 PROJECT-SPECIFIC EXPERIENCE TECHNICAL COMPETENCE PROPOSED METHOD TO ACCOMPLISH THE WORK 20 FEE PROPOSAL 25 APPENDIX 30 INSURANCE LITIGATION OTHER INFORMATION CERTIFICATION OF PROPOSAL 19.c Packet Pg. 537 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 4 IDENTIFICATION OF PROPOSER Novak & Normal, Inc., dba The PM Group Paul McKinney, President 25 Rancho Circle, Lake Forest, CA 92630 949.597.1662, ext. 222 • mobile 949.939.8807 California Business License C2122927 STAFFING RESOURCES Key services will be performed under the direct supervision of department managers within the specific disciplines involved. These departments include: • Creative Direction • Art Direction • Production Artwork • Digital Information • Printing • Binding • List Procurement • Mailing and Delivery 19.c Packet Pg. 538 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 5 Digital Information YOUR TEAM OF PROFESSIONALS Paul McKinney • Principal and President, Account Manager Leigh Shearer • General Manager, Creative Director Mary Pat Barretto • Production Manager Rachelle Leland • Digital Information Specialist This team meets on a daily basis to discuss the progress of each project in process to formulate plans for the day. We are very experienced in the services required by government entities, holding contracts with the Cities of Arcadia, Buena Park, Garden Grove, La Mirada, Placentia, Rancho Santa Margarita, Victorville, Westminster, and Whittier. We are also a preferred supplier of the Los Angeles Unified School District and the Lake Mission Viejo Association. ORGANIZATIONAL CHART Pre-press Pressroom Bindery Mailing and Delivery Production Manager Creative Director Account Manager The City of San Bernardino Production Artist 19.c Packet Pg. 539 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 6 PAUL MCKINNEY PRINCIPAL AND PRESIDENT, ACCOUNT MANAGER paulm@pmgrp.net Office 949.597.1662, ext. 222 Mobile 949.939.8807 Paul’s vision for The PM Group has developed over the years in the printing and graphic arts industry as “A better way for clients to utilize design and manage the printing process.” He brings an intense eye for quality and an appreciation for the inner workings of large corporate clients. He possesses extensive knowledge of the design process and its relationship to pre-press and printing. THE PM GROUP 1996 to present Principal and President. Paul also spearheads the sales and marketing of the company’s capabilities. BOWNE FINANCIAL PRINTERS 1992 to 1995 Sales Manager for digital pre-press operations with the world’s largest financial printer. ELECTRONIC COLOR 1982 to 1992 Managed sales force and sold film prep to Southern California’s advertising community. ART LITHOCRAFT 1984 to 1987 Top sales person for one of the Midwest’s largest pre-press houses. PARTNERS 1978 to 1984 Principal in design group who worked with clients such as Hallmark Cards and Coors Beer before being acquired by a larger agency. EDUCATION Bachelor of Arts Graceland University, Lamoni, IA 19.c Packet Pg. 540 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 7 LEIGH SHEARER GENERAL MANAGER, CREATIVE DIRECTOR leighs@pmgrp.net 949.597.1662, ext. 133 As General Manager of The PM Group, Leigh brings a wealth of experience in graphic design and many diverse types of printing. Her career spans from advertising agencies and print brokerages to managing one of Orange County’s major print facilities. She possesses exceptional experience in the areas of paper, print, and bindery. Leigh is available any time to answer questions regarding design and production. THE PM GROUP 1999 to present General Manager, responsible for coordinating the daily activities of employees and suppliers. GUNTHER’S PRINTING 1998 to 1999 General Manager over operations at one of Orange County’s top ten printers. GRAPHIC PLACEMENT 1993 to 1998 Office Manager and Customer Service Specialist. Worked daily with client and suppliers to deliver complex design and printing projects. JOSEPH POTOCKI AND ASSOCIATES, INC., AND OTHER ORANGE COUNTY ADVERTISING AGENCIES 1981 to 1993 Worked in art and production, creating promotions for Baskin-Robbins, Frito-Lay, Beatrice/Hunt-Wesson, Ole Globe Theatre, Southern California Edison, City of Huntington Beach, American Honda, and others. EDUCATION Summa cum laude Bachelor of Science with Honors in Art Columbia College, Columbia, MO 19.c Packet Pg. 541 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 8 MARY PAT BARRETTO PRODUCTION MANAGER marypat@pmgrp.net 949.597.1662, ext. 131 Mary Pat Barretto has been in the printing industry more than 25 years. She has facilitated estimating, production, schedules, deliveries, and all facets of the printing process. Mary Pat focuses on providing excellent customer service and ensuring good relationships with outside suppliers. THE PM GROUP 2007 to present Production Manager. Mary Pat is responsible for building and maintaining relationships with suppliers. She also runs day-to-day production, ensuring projects are completed on time and on budget. SHASTA / TAHOE GRAPHICS 1992 to 2007 Office and Print Administrator whose responsibilities included estimating, scheduling, purchasing, customer service, billing, and new business. CREATIVE MARKETING RESOURCES 1990 to 2005 Principal in marketing / print purchasing for real estate companies and individual real estate agents. EDUCATION Magna cum laude Bachelor of Science in Business Administration Loyola Marymount University, Los Angeles, CA SUBCONTRACTING Mailing services will be contracted through AQMM, a mailing house located in Santa Ana, CA. The PM Group has partnered with AQMM and its personnel since 2016. 19.c Packet Pg. 542 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 9 EXPERIENCE AND TECHNICAL COMPETENCE A CALIFORNIA-CERTIFIED MICRO BUSINESS The PM Group is recognized as a Certified Micro Business by the State of California. We have had the privilege of working with the California Lottery to help them achieve their goals of quality communications while stimulating small business within the State. U. S. CONGRESS CERTIFIED / ENVIRONMENTALLY DRIVEN The PM Group actively embraces and preserves our environment. PMG is recognized by the U.S. Congress as the first graphic arts company in the State of California to be fully solar powered. Sales representatives drive electric and / or hybrid cars. All materials are recycled. PMG also participates in the pick-up and disposal of non-recyclable materials such as computers and hard drives. 19.c Packet Pg. 543 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 10 CORPORATE PROFILE The PM Group, Inc. (PMG) is a print management firm providing many printing disciplines required by our clients to fulfill their printing needs. The PM Group was founded in 1996, and is a California Corporation. PMG is also specially-certified as an official California Micro Business. PMG occupies a 5,000 square foot office space at 25 Rancho Circle, Lake Forest, CA. This is where our projects are planned and managed. From this location we are a virtual and real gateway to our manufacturing facilities. There are six full time employees at this site. Additionally, we have associates who job share and/or work remotely for the business. We are a progressive company, using technology to make our products and services better. We also employ this same technology so we can bring the best people into our working environment. The PM Group’s management team has more than a century of experience in the industry, with specific, hands-on day-to-day production management. The PM Group has no financial considerations that would affect our ability to complete this project. PMG has more than 25 years experience dealing with high-volume and complex projects as outlined in this RFP. We have produced time-sensitive materials for many Cities since 1996. The PM Group’s management team has more than a century of experience in the industry, with specific, hands-on day-to-day production management. The PM Group has no financial considerations that would affect our ability to complete this project. PMG has more than 25 years’ experience dealing with high-volume and complex projects as outlined in this RFP. We have produced time-sensitive materials for many Cities since 1996. 19.c Packet Pg. 544 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 11 INTERNAL OPERATIONS The PM Group maintains a proprietary work management system which tracks entire projects from inception through completion. The system includes estimating, scheduling, planning, production, and time and materials modules. We also offer communications with the City through face-to-face meetings, conventional phone services, email, ftp site, and website. A 5% BID PREFERENCE The PM Group has also invested the time to become a Certified Micro Business by the State of California, which allows us to competitively bid on many projects for highly-regulated State entities. If the City participates in the State’s Small Business Participation Program regarding contracting, The PM Group shall receive a 5% bid preference on this bid and in turn help the City meet its small business participation goals. We have had the privilege of working with the California State Lottery, helping them achieve their goals of quality communications while stimulating small business within the State. THE RIGHT FIT In simplest terms, we are communications professionals. Our clients come to consider us as an extension of their staff. We are an ally in the development and delivery of the printed word. We come to the table with in-depth problem- solving knowledge. We assist our clients in coming to the best solution…the right fit for their needs, not ours. 19.c Packet Pg. 545 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 12 THE INTANGIBLES COMMUNICATIONS AND MUCH MORE Our goal for this project is simple: to understand the needs of San Bernardino… and deliver results. We’ll work to refine the message of this publication to speak to a wide range of citizens. With the community’s median age being just under 30, the publication will have a youthful appeal while keeping a professional look and feel. The demographic of the city (65% Hispanic) also needs to be addressed. The addition of subheads or important info being presented in Spanish will be very important to keep readership high. Images and color will also influence the design. The challenge we’ll tackle is making certain the publication speaks to all ethnicities and income ranges within the City. AWARD-WINNING DESIGN The CPRS (California Park & Recreation Society) has awarded The PM Group awards based on marketing implementation, design, printing, and mailing for numerous clients. THE PM GROUP UNDERSTANDS SOUTHERN CALIFORNIA The PM Group has a firm understanding of the work required by The City of San Bernardino. We have a broad knowledge of bringing many types of print projects to life for a diverse range of clientele. Our presence in the Southern California community, both personally and professionally, shows our dedication to the growth and development of the area. 19.c Packet Pg. 546 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 13 REFERENCES The PM Group has many long-standing and mutually beneficial relationships with many Cities and Associations throughout Southern California. LAKE MISSION VIEJO ASSOCIATION Shawn Ward, Controller 949.770.1313 22555 Olympiad Road, Mission Viejo, CA 92692 The PM Group has designed and produced the Lake Association’s The Lake Newsletter since 2007. The relationship is ongoing. The newsletter is issued eight times each year. THE CITY OF PLACENTIA Veronica Ortiz, Community Service Director 714.993.8203 401 E. Chapman Avenue, Placentia, CA 92870 The PM Group has designed and produced the City’s Placentia Palm Quarterly since 2019. The publication is produced three times each year. WASTE MANAGEMENT OF ORANGE COUNTY Ashley Brunier, Community Services Manager 949.469.2127 16122 Construction Circle, Irvine, CA 92606 The PM Group and Waste Management have enjoyed a long-term relationship since 2012. We have designed and produced Residential and Commercial Guides for WM’s numerous city contracts. Other services include foreign language translations to keep all residents up-to-date with WM policies. 19.c Packet Pg. 547 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 14 THE CITY OF RANCHO SANTA MARGARITA Wendi Redington, Community Services Supervisor 949.216.9700 22112 El Paseo, Rancho Santa Margarita, CA 92688 The PM Group has produced the City’s Community Living Magazine since 2003, and the relationship is still ongoing. The publication is circulated three times each year. THE CITY OF GARDEN GROVE Rene Camarena, Recreation Coordinator 714.741.5000 11222 Acacia Parkway, Garden Grove, CA 92842 The PM Group has produced the City of Garden Grove’s Focus Recreation Guide since 2007. The newsletter was produced three times each year. 19.c Packet Pg. 548 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 15 PROJECT-SPECIFIC EXPERIENCE LAKE MISSION VIEJO ASSOCIATION The PM Group has design and produced the Lake Association’s newsletter and other marketing materials since 2007. The relationship is ongoing. The newsletter is issued eight times each year; marketing pieces are produced upon request. Role Design, Production Artwork, Printing, Binding, Mailing, Delivery Annual expenditure $60,000 for fees and services Staffing Account Management, Creative Direction, Production Artwork, Printing, Mailing Duration Since 2007 Client relationship Professional Shawn Ward, Controller Office 949.770.1313 Fax 949.770.1327 e-Mail sward@lakemissionviejo.org Visit https://lakemissionviejo.org/59/Current-Edition to view a sample of The PM Group’s collaborative work with the Lake Mission Viejo Association. 19.c Packet Pg. 549 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 16 THE CITY OF PLACENTIA The PM Group has designed and produced the City’s Placentia Palm Quarterly since 2019. The publication is produced three times each year. Role Design, Production Artwork, Printing, Binding, Mailing, Delivery Annual expenditure $45,000 for fees and services Staffing Account Management, Creative Direction, Production Artwork, Printing, Mailing Duration Since 2019 Relationship to client Professional Veronica Ortiz, Community Service Director Office 714.993.8203 Fax 714.961.0283 e-Mail vortiz@placentia.org Visit http://hosting.pmgrp.net/placentia/fall2021/#p=1 to view a sample of The PM Group’s collaborative work with The City of Placentia. 19.c Packet Pg. 550 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 17 WASTE MANAGEMENT OF ORANGE COUNTY Ashley Brunier, Public Outreach 949.469.2127 16122 Construction Circle, Irvine, CA 92606 The PM Group and Waste Management have enjoyed a long-term relationship since 2012. We have designed and produced Residential and Commercial Guides for WM’s numerous city contracts. Other services include foreign language translations to keep all residents up-to-date with WM policies. Role Design, Production Artwork, Printing, Binding, Mailing, Delivery Annual expenditure $137,000 for fees and services Staffing Account Management, Creative Direction, Production Artwork, Printing, Mailing Duration Since 2012 Relationship to client Professional Ashley Brunier, Community Services Manager Office 949.469.2127 e-Mail abrunier@wm.com Visit http://hosting.pmgrp.net/wm-sa/residential2021 to view a sample of The PM Group’s collaborative work with Waste Management of Orange County. 19.c Packet Pg. 551 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 18 SIMILAR PROJECTS FROM THE PM GROUP The PM Group proudly produces the Activities Guide / Newsletters for the following Southern California cities. • The City of Arcadia • The City of Buena Park • The City of Garden Grove • The City of La Mirada • The City of Placentia • The City of Rancho Santa Margarita • The City of Victorville • The City of Westminster • The City of Whittier We are also approved suppliers for: • Waste Management of Orange County • Orange County Fire Authority • The California State Lottery • The California Department of General Services • Los Angeles Unified School District Professional references available upon request. 19.c Packet Pg. 552 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 19 TECHNICAL COMPETENCE The PM Group is equipped technically to perform all the services required by the City. We work on both Mac and PC platforms. Software includes the latest versions of Adobe Creative Suite,. A proprietary project tracking application is used for all projects, measuring tasks, schedules, time, and materials. PMG also uses state-of-the art accounting applications. From the beginning to end, PMG has the process covered. All department heads meet on a daily basis to discuss the daily work plan. As required, additional staff is called upon to supplement the work load. Production schedules are adjusted as needed. 19.c Packet Pg. 553 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 20 PROPOSED METHOD TO ACCOMPLISH THE WORK SCOPE OF WORK The City can expect exceptional customer service, excellent product, and timely delivery of its PRCSD Brochure. INITIAL SET-UP A complete design of the City publication is required. There will be an additional fee of $1,500. This work includes two-to-three original cover layouts and one typical inside two-page spread of each cover option (Proof A). After City approval of a creative direction, one set of revisions will be presented (Proof B). Additional rounds of layouts will be billed at $100 per hour. 19.c Packet Pg. 554 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 21 ARTWORK FOR ONGOING EDITIONS SCHEDULE Proposed schedule includes three editions per year • January through April • May through August • September through December PROOFING Artwork includes the original proof (Proof 0), Proof 1, and two (2) rounds of revisions (Proofs 2 and 3) in its artwork price. Additional proofs will be billed at $75 per hour. NUMBER OF PAGES The actual pages of artwork may fluctuate based on City need. The fee for each page of artwork is $95 per page. IMAGERY The PM Group has included up to five (5) stock photos or stock images per page. Custom photography showing the City, its citizens, or its special locations are not included in this estimate. ONLINE PUBLICATION The charge to provide the online version of the Magazine and Calendar are included with the artwork pricing. 19.c Packet Pg. 555 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 22 PRINTING AND MAILING QUANTITY The actual print quantity may fluctuate based on the actual number of pages per issue and the quantity mailed. Pricing (increases or decreases) will be adjusted to accommodate these differences from the formal quote provided. SPANISH TRANSLATION The PM Group uses certified foreign language translators; colloquialisms are not a part of this style. You may find that someone at the City might better understand and impart using the local Spanish dialect. PMG translation services are not included in the pricing provided in this proposal; however, they are available upon request. 19.c Packet Pg. 556 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 23 SCHEDULE All schedules noted here are for demonstration only; they typify standard timing for described services. These schedules can be amended to accommodate the City as needed. INITIAL DESIGN SCHEDULE, A ONE-TIME OCCURRENCE Sunday Monday Tuesday Wednesday Thursday Friday Saturday Creative meeting Design A to City City Response to Round 1 Design Design B to City City Approval of Design B The City PM Group 19.c Packet Pg. 557 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 24 ARTWORK SCHEDULE, PER ISSUE Sunday Monday Tuesday Wednesday Thursday Friday Saturday Copy and Images from City Proof 1 to City City Comments on Proof 1 Proof 2 to City City Comments on Proof 2 Proof 3 to City City Approval of Proof 3 Release for Hard Proof City Approval of Hard Proof Begin Printing In-Mail Date The City PM Group 19.c Packet Pg. 558 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 25 FEE PROPOSAL Item Design, Print, and Mail of Cost City of San Bernardino PRCSD Brochure 1 Artwork/Design/Layout Cost (artwork & design, 2 proofs, photos): 2 Winter/Spring (January-April Edition) $ 2,660.00 3 Summer (May-August Edition) $ 2,660.00 4 Fall/Winter (September-December Edition) $ 2,660.00 5 Printing Cost (paper, ink, binding) 6 Winter/Spring (January-April Edition) $ 17,386.00 7 Summer (May-August Edition) $ 17,386.00 8 Fall/Winter (September-December Edition) $ 17,386.00 9 Bulk Mail Preparation & Delivery (preparation, delivery): 10 Winter/Spring (January-April Edition) $ 1,813.00 11 Summer (May-August Edition) $ 1,813.00 12 Fall/Winter (September-December Edition) $ 1,831.00 Other Miscellaneous Items (if any) not listed (one-time setup, additional proofs): One-Time Set-up (see page 28) $ 1,500.00 Additional Online Proof, each (see pages 28-29) $ 75.00 Turn-Page Web File (three issues at $150 each) $ 450.00 Tax (on materials) @8.75% of unmailed copies only (see page 26) $ 32.25 GRAND TOTAL $ 67,634.25 19.c Packet Pg. 559 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 26 NOTES • Please refer to pages 28 through 29 for full details of design and art services. • Paper is a commodity purchase and is subject to market fluctuations, especially with pandemic conditions. Changes in paper pricing above a 2% increase will be documented by the paper manufacturer and the increase will be passed along at cost to The City. • Sales tax – If the City determine that the PRCSD Brochure is considered a “sales message,” 8.75% sales tax is not required on the copies that mail. In this case, sales tax would be required only on the 2,000 copies that deliver to the City. For the same reasons regarding the “sales message,” no sales tax is required on Layout and Production Services or Stock Photos. Sales tax on the Price List (page 25) is calculated using the formula above. Please consult with your tax and accounting experts for the final determination of how PRCSD shall be taxed. 19.c Packet Pg. 560 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 27 Carton approx 2000 desk copies; bulk pack mail copies FOB Origin Freight Included 25 Rancho CircleLake Forest, CA 92630949-597-1662: T949-597-1665: F Vanessa Slouka, City of San BernardinoProposal For: Print Mail Prep Initial Design Artwork Turn-Page Thank you, X Accepted by: Vanessa Slouka for City of San Bernardino Date Price 75,000 75,000 1 28 1Quantity(+/- 0%) Each $17,386.00 $1,813.00 $1,500.00 $2,660.00 $150.00 $0.2318 $0.0242 $1500 $95 $150 Paul D. McKinney The PM Group Total $17,418.25 $1,813.00 $1,500.00 $2,660.00 $150.00 $32.25 N/A N/A N/A N/A8.75% Sales Tax on 2,000 unmailed copies only Sales tax, if required, is additional. Postage additional, estimated at $0.185 to $0.19 each. Fold, gather, saddle stitch along 10.5 direction, trim; bundle in 50s/turn in 25s Prepare for EDDM to residences only; no businesses or PO Boxes or zip codes Online proofs; final hard proof after approval of online proofProofs Size Description Furnished 60# Gloss Text, #3 grade 4/4 = Four color process, two sides 4/4 = Four color process throughout 40# Gloss Text, #5 grade Page size = 8.375 x 10.5 Per issue Cover Text All pricing is based on paper costs as of October 4, 2021. All paper is subject to prior sale; availability may be limited. Published 3 times a year to cover 4-month periods. See Memo PDM-31394 for details and pricing of Creative Services. Finishing Packaging Freight Notes Note Copy, images, and art direction RecNet/ActiveNet for class downloads Title Bleeds: Bleeds all Sides October 4, 2021 Est# PDM-31494.4 Slouka_va@sbcity.org 909-384-7272 Recreation Guide, 24 pages plus 4-page cover Terms of Sale: Net 30 Terms extended based on approved credit. Payment by cash/check receives the 4% discount reflected above. For credit card payments add4%. Acceptance of this offer is agreement to our terms/conditions. Go to thepmgroup.net/terms-and-conditions for details. Quote good 30 days. All applicable taxes will be added to the prices herein. Prices are subject to change based on availability of materials, press time and current price of paper.Quotations over 30 days old are subject to review. Rev. 6/8/16. Record # PDM-31637 19.c Packet Pg. 561 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 28 The PM Group is pleased to offer design abd art production services for The City of San Bernardino's Recreation Guide, a publication produced three times per year. COMPLETE DESIGN A complete design of the City publication is required. There will be an additional fee of $1,000-$2,000 depending on complexity). The work include two to three original cover layouts and one typical two-page spread for each cover option (Proof A). After City approval of creative direction, one set of revisions will be presented (Proof B). Additional rounds of layouts will be billed at $100 per hour. SCOPE OF ARTWORK FOR ONGOING EDITIONS Proof 0 This is a special proof of the most recent issue available. The City is to use this proof to request changes, provide new copy, and supply any photos for the upcoming issue. This is the time where the collaborative effort between the City and The PM Group is most important. All new material provided by the City is to be in file types and formats acceptable to both parties. Please contact PMG for more information. Proof 1 PMG to provide initial online proof to the City for review and comment. At the City's direction, anyone at the City can be can be included in the proofing process. This online tool allows real-time comments, so everyone can review and comment. Please allow up to two weeks for production of proof 1. Proof 2 Based on comments and corrections from the City, an online proof #2 will be generated for review. Please allow up to one week for production of proof 2. Proof 3 Based on comments and corrections from the City, an online proof #3 will be generated for review. Please allow up to three days for production of proof 3. Timing for all proofs can be adjusted to meet the needs of both the City and PMG. 25 Rancho CircleLake Forest, CA 92630949-597-1662: T949-597-1665: F Re: October 4, 2021 Creative Services Scope of Work, Recreation Guide 2021 Vanessa Slouka City of San Bernardino 290 North "D" Street San Bernardino CA 92418 PDM-31494 19.c Packet Pg. 562 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 29 PRICING Recreation Guide at $95 per page. Original proof (proof 1), proofs 2 and 3 included in base pricing. For rounds beyond proof 3, add $75 per hour. 24 plus cover = 28 total pages x $95 / page = $2,660 per issue Turn-Page Web File at $150 per issue Conversion of final print file) to turn-page web file, including properly pre-formatted hyperlinks. Please contact PMG for details of this process. Notes 1) The City is to provide all fully edited copy and images to PMG for inclusion in each issue. 2) All City-supplied ads will be in press-ready format. 3) Pricing for all three proofs is included in the quoted amount. Additional rounds of corrections will be billed at $75 per hour. Usually, the amount of corrections at this stage is fairly limited, as the City has had multiple rounds of proofs to make suggestions and advise required changes. 4) Stock photography is included in all pricing, based on up to five (5) images per page. 5) Printing and mailing services are additional to layout and production. 6) All postage is additional, to be paid by the City directly to the San Bernardino post office. 7) Sales tax, if required, is additional. Paul D. McKinney Sincerely, President 19.c Packet Pg. 563 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 30 APPENDIX INSURANCE The PM Group maintains valid insurance, in full force and effect. Full documentation will be provided to the City upon request. LITIGATION The PM Group has no history of litigation against our firm in the last five (5) years. OTHER INFORMATION • The PM Group has performed at or above the stringent requirements of our client base. Projects are never late, and any additional charges are documented, shared, and approved by our clients. • The PM Group community involvement includes participation in local business and charitable organizations. • The PM Group has no previous involvement with the City. • The PM Group has no conflicts of interest in connection with providing these services for the City. CERTIFICATION OF INFORMATION The PM Group hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP) and to be bound by the terms and conditions of the RFP. 19.c Packet Pg. 564 Attachment: Attachment 3- The PM Group RFQ Response Proposal (8593 : Execution of PSA with the PM Group for Design, Print, and Mail of 19.d Packet Pg. 565 Attachment: Attachment 4- Bid Results for PRCSD Brochure PSA (8593 : Execution of PSA with the PM 19.d Packet Pg. 566 Attachment: Attachment 4- Bid Results for PRCSD Brochure PSA (8593 : Execution of PSA with the PM 19.d Packet Pg. 567 Attachment: Attachment 4- Bid Results for PRCSD Brochure PSA (8593 : Execution of PSA with the PM 19.d Packet Pg. 568 Attachment: Attachment 4- Bid Results for PRCSD Brochure PSA (8593 : Execution of PSA with the PM Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Purchase Order for Six Cubic Yard Back Rear Loader (All Wards) Recommendation Adopt Resolution No. 2021-257 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget Report: one new, 6 cubic yard, Diamond Back Rear Loader in the amount of $133,686.15. Background The Public Works Department is responsible for removing large illegal dumping and clear roadways of debris from high wind and storm events. A dependable rear loader (trash truck) is a critical tool for staff to perform these efforts properly and safely. Discussion The Public Works Department will need to acquire a rear loader to perform the requests for illegal dumping and clearing roadways of debris. Public Works staff researched equipment options and determined the Six Cubic Yard Diamond Back Rear Loader is the best option to perform the extensive needs of the City. Staff obtained Sourc ewell Cooperative quote for this equipment. Sourcewell is authorized to establish competitively awarded cooperative purchasing contracts and follows the competitive contracting law process to solicit, evaluate, and award, cooperative purchasing contracts. Sourcewell is used by our purchasing department and through the competitive bidding process, Ray Gaskin Service, Inc. was selected as the lowest bidder for a Six Cubic Yard Rear Loader. The Mayor and City Council of the City of San Bernardino, California must authorize the purchase as the price for the Six Cubic Yard Rear Loader exceeds the City Manager's spending authority. Purchases will utilize the cooperative purchasing provision made through Sourcewell contract # 091219-NWY. Ray Gaskin Service, Inc., is a qualified vendor through Sourcewell. 20 Packet Pg. 569 8578 Page 2 2020-2025 Key Strategic Targets and Goals Purchase of the Six Cubic Yard Diamond Back Rear Loader aligns with Key Target No. 1: Financial Stability. Purchasing this loader eliminates the need to rent equipment at variable costs and availability and supports a positive framework for job planning and spending decisions. It also minimizes risk and litigation exposure by providing the latest safety features for City staff (internal risk) and maximizing work efficiencies in the field. Fiscal Impact The funds to purchase the Back Rear Loader are included in the FY 2021/22 Adopted Budget. Equipment Purchase Approved Purchase not to Exceed Amount Purchase Price Six Cubic Yard Diamond Back Rear Loader $170,000 $133,686.15 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-257 authorizing the City Manager to execute the purchase of the Public Works equipment approved for funding through Fiscal Year 2021/22 Operating Budget: one new, six cubic yard, Diamond Back Rear Loader from Ray Gaskin Service, Inc., in the amount of $133,686.15. Attachments Attachment 1 Resolution No. 2021-257 Attachment 2 Resolution No. 2021-257; Exhibit A - Sourcewell Rear Loader Quote Ward: All Synopsis of Previous Council Actions: June 16, 2021, Mayor and City Council approved the City’s Operating Budget Resolution No. 2021-138 20 Packet Pg. 570 Resolution No. 2021-257 Resolution 2021- October 20, 2021 Page 1 of 3 RESOLUTION NO. 2021-257 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE OF THE PUBLIC WORKS EQUIPMENT APPROVED FOR FUNDING THROUGH THE FISCAL YEAR 2021/22 OPERATING BUDGET REPORT: ONE NEW SIX CUBIC YARD DIAMOND BACK REAR LOADER FROM RAY GASKIN SERVICE INC., IN THE AMOUNT OF $ 133,686.15 WHEREAS, the Public Works Department oversees the operations and maintenance of the City infrastructure; WHEREAS, the procurement is authorized under San Bernardino Municipal Code sections 3.04.010(B)(2) (Piggybacking) and 3.04.010(B)(3) (Council Approval); and WHEREAS, heavy equipment purchases are necessary to support the provision of maintenance services due to illegal dumping and clearing right-of-way debris from high wind and storm events. 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 the purchase of one Six Cubic Yard Diamond Back Rear Loader in the amount of $133,686.15 as approved in the FY 2021/22 Operating Budget Report. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. 20.a Packet Pg. 571 Attachment: Attachment 1 - Resolution No. 2021-257 [Revision 1] (8578 : Purchase Order for Six Cubic Yard Back Rear Loader (All Wards)) Resolution No. 2021-257 Resolution 2021- October 20, 2021 Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of October 2021. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 572 Attachment: Attachment 1 - Resolution No. 2021-257 [Revision 1] (8578 : Purchase Order for Six Cubic Yard Back Rear Loader (All Wards)) Resolution No. 2021-257 Resolution 2021- October 20, 2021 Page 3 of 3 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 20.a Packet Pg. 573 Attachment: Attachment 1 - Resolution No. 2021-257 [Revision 1] (8578 : Purchase Order for Six Cubic Yard Back Rear Loader (All Wards)) 20.b Packet Pg. 574 Attachment: Attachment 2 - Resolution No. 2021-257; Exhibit A - Sourcewell Rear Loader Quote (8578 : Purchase Order for Six Cubic Yard Back Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5) Recommendation Adopt Resolution No. 2021-256 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 (4-way) stop control at the intersection of Magnolia Avenue and Meyers Road. Background The Traffic Engineering section of the Public Works Departme nt, Engineering Division has received a request and a petition to evaluate the intersection Magnolia Avenue and Meyers Road for an all-way stop control. The requester expressed concerns mainly related to the safety of children who cross Meyers Avenue with Magnolia on their way to and from Verdemont Elementary School. Discussion Meyers Road is a two-lane local roadway with mostly single-family homes on both sides of the street with a prima-facie speed limit of 25 mph. Magnolia Avenue is a two-lane collector roadway with mostly single-family homes on both sides of the street with prima-facie of 25 mph. Currently the intersection is a two -way stop-controlled East-West for Meyers Road. The intersection is located within 800 feet from North Verdemont Elementary School. Staff evaluated the intersection in accordance with the established Stop Sign Warrant Guidelines. The intersection was evaluated under Warrant B (Petition Warrants for Local Residential Streets). Warrant B was satisfied and met the criteria for the minimum signatures. This required 60% of petitioners to be signed by the property owners, a school located within 600 feet of the intersection of Magnolia Road and Meyers Road, and the combined vehicular and pedestrian volume crossing the major street exceeds 200 vehicles entering the intersection each hour from all approaches. The proposed stop sign installation at the intersections of Magnolia Avenue and Meyers Road is not intended to control speeds or reduce traffic volume. The proposed stop sign 21 Packet Pg. 575 8581 Page 2 will be consistent with other intersections City-wide that were installed to improve the safety of children having to cross streets. The City must designate roadways as through highways, in accordance with the Vehicles Code of the State of California, to meet eligibility for installation of traffic control measures. Staff presented the proposed stop sign location to the City’s Public Safety and Human Relations Commission (PS&HR) at its September 13, 2021, meeting. The Commission has recommended the installation of the all-way stop at the intersection of Magnolia Avenue and Meyers Road. 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 included and available in the adopted FY 2021/22 Operating Budget. Conclusion It is recommended that the Mayor and City Council adopt Resolution No. 2021 -256, 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 (4-way) stop control at the intersection of Magnolia Avenue and Meyers Road. Attachments Attachment 1 Resolution No. 2021-256 Attachment 2 Location Map (Magnolia Avenue and Meyers Road) Attachment 3 Stop Sign Warrant Attachment 4 Petition, Collision Diagram & Counts Ward: 5 Synopsis of Previous Council Actions: None 21 Packet Pg. 576 Resolution No. 2021-256 Resolution 2021-256 October 20, 2021 Page 1 of 4 RESOLUTION NO. 2021-256 RESOLUTION 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 ALL- WAY (4-WAY) STOP CONTROL AT THE INTERSECTION OF MAGNOLIA AVENUE AND MEYERS ROAD WHEREAS, the Traffic Engineering Division of the Public Works Department received a request and a petition to evaluate traffic control needs at the intersection of Magnolia Avenue and Meyers Road; and WHEREAS, staff has determined the intersection of Magnolia Avenue and Meyers Road 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 Magnolia Avenue and Meyers Road for an all-way stop; 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 (E) to Subsection (9.68) MAGNOLIA AVENUE to read as follows: “(9.68) MAGNOLIA AVENUE 21.a Packet Pg. 577 Attachment: Attachment 1-Resolution No. 2021-256 (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) Resolution No. 2021-256 Resolution 2021-256 October 20, 2021 Page 2 of 4 … (E) At its intersection with “Meyers Road” (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 (C) to Subsection (9.95) MEYERS ROAD to read as follows: “(9.95) MEYERS ROAD … (C) At its intersection with “Magnolia Avenue” (All-Way Stop)” SECTION 4. The Mayor and 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: 21.a Packet Pg. 578 Attachment: Attachment 1-Resolution No. 2021-256 (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) Resolution No. 2021-256 Resolution 2021-256 October 20, 2021 Page 3 of 4 Sonia Carvalho, City Attorney 21.a Packet Pg. 579 Attachment: Attachment 1-Resolution No. 2021-256 (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) Resolution No. 2021-256 Resolution 2021-256 October 20, 2021 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of 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 21.a Packet Pg. 580 Attachment: Attachment 1-Resolution No. 2021-256 (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) VICINITY MAP – Meyers Rd & Magnolia Ave Location of Proposed additional 2-Way Stop with existing 2-Way Stop CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION TRAFFIC ENGINEERING SECTION Legend: Proposed 2 Way Stop  N No Scale 21.b Packet Pg. 581 Attachment: Attachment 2-Location Map (Magnolia Avenue and Meyers Road) (8581 : Stop Sign Installation at Magnolia Avene and Meyers City of San Bernardino WARRANTS FOR STOP SIGN INSTALLATION Location Existing Control Prepared by/Date Checked by/Date Meyers Rd & Magnolia Ave WB Stop & EB Stop RBC/07-20-21 POLICY Stop sign may be warranted at an intersection where any of the following warrants A-1, A-2, B or C are met A-1 STATE WARRANTS FOR MULTI-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-1.1 Traffic signals are warranted and urgently needed, multi-way stop need to be installed as interim measure until signal is installed X A-1.2 Five or more right angle and/or turning movement accidents in recent 12 months NA A1.3: All 3 conditions listed to the right must be met to satisfy warrant A-1.3 A Combined vehicle volume on major street during any 8 hours averages 300+ veh/hr NA B Combined vehicle and pedestrian volume on minor street during the same 8 hours averages 200+ unit/hr, And Delay to minor street vehicles during the maximum hour of the same 8 hours averages 30 sec/hr NA C 85th percentile approach speed exceeds 40 mph (64 km/h), min. vehicular volume warrant is 70% of the above requirements NA A-1.4 Where no single criterion is satisfied, but where Criteria A-1.2, A-1.3A, and A-1.3B are all satisfied to 80% of the minimum values NA A-1.5 If visibility cannot otherwise be addressed, there is a need to control vehicle-pedestrian conflicts (or bicycle) near high pedestrian/bicycle generators, left-turn or right-angle conflicts, or the traffic operation of an intersection of two residential streets of similar design and operational characteristics would be improved with an All-way stop. NA A-1: IS STATE WARRANT FOR MULTI-WAY STOP CONTROL SATISFIED? X A-2 STATE WARRANTS FOR TWO/ONE-WAY STOP CONTROL Warrant is satisfied if any of the following criteria are met CRITERIA REQUIREMENTS REMARKS Y N A-2.1 On the less important road at its intersection with a main road where accident history justifies the placement of Stop signs. X A-2.2 On a county road or city street with its intersection with a State Highway. X A-2.3 At the intersection with two main highways. The highway traffic to be stopped depends on the approach speeds, volumes and turning movements. X A-2.4 On a street entering a legally established through highway or street. X A-2.5 On a minor street where the safe speed is less than 10 mph (16 km/h). X A-2.6 At an un-signalized intersection in a signalized area. X A-2.7 At intersections where a combination of high speed, restricted view and accident records indicates a need for control by the Stop sign. X A-2: IS STATE WARRANT FOR TWO/ONE-WAY STOP CONTROL SATISFIED? X 21.c Packet Pg. 582 Attachment: Attachment 3-Stop Sign Warrant (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) B.PETITION WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use only at residential street intersections excluding arterials, collectors, local collectors, where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant B is satisfied if B and any two of the criteria B-1 through B-12 are met CRITERIA REQUIREMENTS REMARKS Y N B. Is there a petition signed by more than 60% of property owners/residents located within 600 feet of proposed stop sign; AND TWO OF THE FOLLOWING CRITERIA ARE MET. X B-1. School located within 600 feet of intersection and intersection is on “suggested route to school”. X B-2. Streets leading to intersection do not intersect at right angles. X B-3. One or more streets leading to intersection is at a grade of more than 5%. X B-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. X B-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility. X B-6. Pedestrian volume greater than 480 units/hr in any 8 hour period. X B-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. 213 vehicles 8am-9am X B-8. One approach of the intersection is a driveway serving a commercial area. X B-9. One approach of the intersection is a driveway servicing a residential property. X Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and exceeds 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. X B-10. B-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. X B-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of Stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). X B: IS B PLUS ANY TWO OF THE CRITERIA B-1 THROUGH B-12 SATISFIED? X 21.c Packet Pg. 583 Attachment: Attachment 3-Stop Sign Warrant (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) C. ACCIDENTS AND SAFETY WARRANTS FOR LOCAL RESIDENTIAL STREETS BY CITY ADMINISTRATIVE POLICY Use Only at Residential Street Intersections Where ADT do not exceed 2,500 Vehicles on each Intersecting Street Warrant C is satisfied if C and any two conditions C-1 through C-10 are met CRITERIA REQUIREMENTS REMARKS Y N C. Three or more accidents in a 12 month period susceptible to correction by stop signs; or at least 200 vehicles enter the intersection each hour from all approaches during any consecutive 8 hour period; AND TWO OF THE FOLLOWING CRITERIA ARE MET. X C-1. School located within 600 feet of intersection and intersection is on “suggested route to school”. NA C-2. Streets leading to intersection do not intersect at right angles. NA C-3. One or more streets leading to intersection is at a grade of more than 5%. NA C-4. Where one or more of the approaches, requiring the stop sign(s), does not meet the required minimum sight distance, due to permanent view obstruction or roadway geometry. NA C-5. Intersection is abutting a park, major shopping center or other high pedestrian use facility. NA C-6. Pedestrian volume is greater than 480 units/hr in the 8-hour period. NA C-7. The combined vehicular and pedestrian volume crossing the major street exceeds 125 units during at least two hours where at least 200 vehicles enter the intersection each hour from all approaches during any 8-hour period. NA C-8. One approach of the intersection is a driveway serving a commercial area. NA C-9. One approach of the intersection is a driveway servicing a residential property. NA Pass through (non-local traffic) on the subject residential street exceeds 50 vehicles per hour and 40% of the vehicle traffic during the hours from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on a non-holiday Tuesday, Wednesday, or Thursday, with local traffic defined as vehicles traversing/commuting through the neighborhood. NA C-10. C-11. The vehicle volume entering the intersection from all approaches exceeds 600 units during any hour at an intersection. NA C-12. Less than desirable pedestrian or vehicular conditions not listed above or contained in the criteria of the State of California for the installation of stop signs exist at the intersection (as determined/verified by the City’s licensed Traffic Engineer). NA C: IS C PLUS ANY TWO CRITERIA C-1 THROUGH C-10 SATISFIED? X DID THIS LOCATION MEET ANY OF THE WARRANTS A-1, A-2, B OR C ABOVE? --------------------------> Yes IF YES, CHECK WARRANTS MET A-1 A-2 B C IF ANY OF THE WARRANTS ARE MET, A STOP SIGN SHOULD BE INSTALLED AFTER APPROVAL BY MAYOR AND COMMON COUNCIL AND THE INTERSETION IS DESIGNATED A “STOP INTERSECTION” BY THE MAYOR AND COMMON COUNCIL. Good traffic engineering judgment must be exercised before installing stop signs at certain intersections (whether it meets t he warrants or not) X 21.c Packet Pg. 584 Attachment: Attachment 3-Stop Sign Warrant (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) 21.d Packet Pg. 585 Attachment: Attachment 4-Petition, Collision Diagram & Counts (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) 21.d Packet Pg. 586 Attachment: Attachment 4-Petition, Collision Diagram & Counts (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) 21.d Packet Pg. 587 Attachment: Attachment 4-Petition, Collision Diagram & Counts (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) 21.d Packet Pg. 588 Attachment: Attachment 4-Petition, Collision Diagram & Counts (8581 : Stop Sign Installation at Magnolia Avene and Meyers Road (Ward 5)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Construction and Installation of LED Solar Powered Streetlights (Ward 2) Recommendation Adopt Resolution No. 2021-254 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a Construction Contract with Quality Light and Electric in an amount not to exceed $249,282 for the construction and installation of LED solar powered streetlights on “E” Street between Baseline Street and Highland Avenue; 2. Authorizing project construction, construction contingencies , and inspection costs in the total amount of $35,000 for installation of LED solar powered streetlights; and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The City of San Bernardino Public Works Department is responsible for maintaining over 7,000 streetlights throughout the city. The streetlights on “E” Street between Baseline Street and Highland Avenue have not been operating for over five years due to major underground infrastructure damage that is not feasible or cost effective to reconstruct. In late 2020, the Department of Public Works staff contacted five solar LED streetlighting vendors for presentations and selected the top two vendors based on company location, product support, and performance. These two vendors then participated in a pilot field test of their respective products. The vendors’ solar streetlights were evaluated using the following criteria: • LED solar lighting unit shall provide at minimum 0.90-foot candles of light. • LED solar lighting unit shall provide a minimum run time of 10 hours. • LED solar lighting units shall provide down illumination 5 feet in diameter. • Units shall have a battery life of 3 days in the event there is no sunlight exposure. • The housing units of each fixture shall be constructed of materials that can 22 Packet Pg. 589 8584 Page 2 withstand various weather conditions, such as high temperatures, high winds, or heavy rain. • Lumens equal to or greater than 5950. • Color Optics shall be 4000K or 5000K. • Distribution shall be Type III. • Color shall be grey or silver. In anticipation of this work, the project was included in the Fiscal Year 2021/22 Capital Improvement Plan (CIP) adopted on June 16, 2021, by the Mayor and City Council. Discussion The construction and installation of the LED solar powered streetlights on “E” Street between Baseline Street and Highland Avenue project was advertised for public bidding on Sept 9, 2021, and Sept 11, 2021, in the San Bernardino County Sun Newspaper, Construction Bid Board, ebid, Bid America Online, and the City’s website on August 30, 2021. Sealed bids were received and opened on Sept 23, 2021. The City received five bids as follows: Bidder City Base Bid Quality Light and Electric Bloomington, CA $249,282 Yunex Traffic Riverside, CA $249,495 Elecnor Belco Electric, Inc. Chino, CA $358,200 Calpromax Engineering, Inc. Placentia, CA $374,800 PTM General Engineering Service, Inc. Riverside, CA $406,046 The Department of Public Works reviewed the bid packages and determined that Quality Light and Electric of Bloomington, California, was the lowest responsible and responsive bidder, with a total bid amount of $249,282. If awarded by the Mayor and City Council, installation of the LED streetlights is anticipated to begin in December 2021 and be completed within 90 calendar days by February 2022. 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 a public improvement that minimizes risk and litigation exposure through upgrading the existing streetlights on “E” Street between Baseline Street and Highland Avenue. Fiscal Impact There is no General Fund impact associated wit h this action. Project budget for the proposed work was established through the adopted Fiscal Year 2021/22 Capital Improvement Plan The construction costs of the project are as follows: 22 Packet Pg. 590 8584 Page 3 Construction Bid Amount $ 249,282 Construction Contingency $ 25,000 Engineering and Inspections $ 10,000 Total Project Cost $ 284,282 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-254: 1. Approving the award of a Construction Contract with Quality Light and Electric, in the amount of $249,282 for construction and installation of LED solar powered streetlights on “E” Street between Baseline Street and Highland Avenue Project (TC 22-07); 2. Authorizing project construction, construction contingencies, and inspection costs in the total amount of $35,000 for construction and installation of LED solar powered streetlights on E Street between Baseline Street and Highland Avenue Project (TC 22-07); and 3. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution 2021-254 Attachment 2 Resolution 2021-254; Exhibit A - Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: 2 Synopsis of Previous Council Actions: June 16, 2021 Adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22 22 Packet Pg. 591 Resolution No. 2021-254 Resolution 2021-254 October 20, 2021 Page 1 of 4 RESOLUTION NO. 2021-254 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH QUALITY LIGHT AND ELECTRIC IN THE AMOUNT OF $249,282 FOR THE CONSTRUCTION AND INSTALLATION OF LED SOLAR POWERED STREET LIGHTS ON “E” STREET BETWEEN BASELINE STREET AND HIGHLAND AVENUE; AUTHORIZING PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES, AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $35,000 FOR INSTALLATION OF LED SOLAR POWERED STREETLIGHTS; 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 over 7000 streetlights throughout the City; the streetlights on “E” Street between Baseline Street and Highland Avenue have been inoperable over 5 years; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted the Fiscal Year 2021/22 Capital Improvement Plan (CIP), establishing the funding for the construction and installation of LED solar powered streetlights project on “E” Street between Baseline Street and Highland Avenue; and WHEREAS, on August 30, 2021, staff administered a competitive bid process for construction and installation of the LED solar powered streetlights project on “E” Street between Baseline Street and Highland Avenue (TC22-07) (“Project”) resulting in five construction and installation bid submittals; and WHEREAS, Quality light and Electrical, of Bloomington, 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 Quality Light and Electrical, of Bloomington, California in the amount of $249,282 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 22.a Packet Pg. 592 Attachment: Attachment 1-Resolution No. 2021-254 [Revision 2] (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward Resolution No. 2021-254 Resolution 2021-254 October 20, 2021 Page 2 of 4 SECTION 2. The City Manager, or designee, is hereby authorized to execute all documents for the construction of traffic signal upgrades project with Quality light and Electrical, Project (TC22-07) on behalf of the City and to expend contingency funds, if necessary, to complete the project. SECTION 3. The Director of Finance is hereby authorized to issue a purchase order in the amount of $249,282.00 to Quality Light and Electrical, of Bloomington, 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 installation of solar powered streetlights. 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 solar powered streetlights 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. 22.a Packet Pg. 593 Attachment: Attachment 1-Resolution No. 2021-254 [Revision 2] (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward Resolution No. 2021-254 Resolution 2021-254 October 20, 2021 Page 3 of 4 John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney 22.a Packet Pg. 594 Attachment: Attachment 1-Resolution No. 2021-254 [Revision 2] (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward Resolution No. 2021-254 Resolution 2021-254 October 20, 2021 Page 4 of 4 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 22.a Packet Pg. 595 Attachment: Attachment 1-Resolution No. 2021-254 [Revision 2] (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 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 Quality light and Electrical. (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 AND INSTALLATION OF LED SOLAR POWERED STREET LIGHTS ON “E” STREET BETWEEN BASELINE STREET AND HIGHLAND AVENUE Project No. TC22-07 in strict conformity with Plans and Special Provisions Project No. TC22-07, 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. 22.b Packet Pg. 596 Attachment: Attachment 2-Resolution No. 2021-254; Exhibit A - Contract Agreement (8584 : Construction and Installation of LED Solar Powered 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: QUALITY LIGHT AND ELECTRIC BY: ________________________________ ROBERT D. FIELD City Manager BY: _______________________________ TITLE: ATTEST: MAILING ADDRESS: 11055 Alder Ave. Genoveva Rocha, CMC Bloomington, CA 92316 City Clerk PHONE NO.: (909) 421-8668__________ 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. 22.b Packet Pg. 597 Attachment: Attachment 2-Resolution No. 2021-254; Exhibit A - Contract Agreement (8584 : Construction and Installation of LED Solar Powered 22.cPacket Pg. 598Attachment: Attachment 3-Bid Tabulation (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 599 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 600 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 601 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 602 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 603 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 604 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 605 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 606 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 607 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 608 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 609 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 610 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 611 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 612 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 613 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 614 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 615 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 616 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 617 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 618 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 619 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 620 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 621 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 622 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 623 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) 22.d Packet Pg. 624 Attachment: Attachment 4-Bid Proposal (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) VICINITY MAP - TC22-07- Solar Powered Street lights 22.e Packet Pg. 625 Attachment: Attachment 5-Location Map (8584 : Construction and Installation of LED Solar Powered Streetlights (Ward 2)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Purchase Order Installation of a Battery Backup System (Wards 1,2,3,4,6) Recommendation Adopt Resolution No. 2021-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with NexTech Systems, and authorizing the Director of Finance to issue a purchase order in an amount not-to-exceed $59,786.96 for the installation of a Backup Battery System (BBS) at six locations in various areas of the City. Background Traffic signals in the City of San Bernardino are powered by the Southern California Edison Company power grid. When power outages occur, traffic signals in the affected area go “dark,” meaning all traffic lights are off. The California Vehicle Code requires drivers to treat a dark signal as a 4-way stop sign; however, for increased safety mitigation, it is highly recommended to provide back-up power to the signal to maintain the signal in flash mode during power outages. The Battery Backup System (BBS) or uninterruptible power system (UPS) is designed for transportation and traffic applications. Upon loss of utility power, the BBS unit inserts battery power into the system via a supplied Power Interface Module (PIM). In case of UPS failure and/or battery depletion, the PIM will ensure that the UPS will drop out and upon return of utility power, the traffic control system will default to normal operating mode. The BBS will provide an approximately of 4 hours of power to intersection (in red flash mode) after a power o utage and the signal will resume its programmed phasing when the regular power is restored Discussion The six intersections chosen are located primarily along high -speed heavily traveled arterial roadways, with significant pedestrian activity, and where traffic safety concerns are a constant issue. The following are the list of locations: 1. Barton Road and Waterman Avenue (Ward 3) 2. Highland Avenue and Boulder Avenue (Ward 4) 3. 9th Street and Waterman Avenue (Ward 1) 23 Packet Pg. 626 8586 Page 2 4. Mill Street and Waterman Avenue (Ward 1 and 3) 5. Baseline Street and Waterman Avenue (Ward 1 and 2) 6. Baseline Street and Mount Vernon Avenue (Ward 6) Three quotes were received from the following vendors: Vendor Quote Nextech Systems, Inc. $59,786.96 Jam Services, Inc. $63,889.09 NorCal Signal Supply $71,463.45 The City has reviewed the three quotes and confirmed that Nextech Systems, Inc ., submitted the lowest and most reasonable quotation for the Battery Backup System. The quote includes the labor for the installation o f the battery backup system. Installing the BBS at these six locations will decrease dark periods, which will in turn improve traffic safety. This action will also reduce the cost of calling out standby personal to set stop signs at dark signals and reduce the City’s liability associated with dark traffic signals. 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 the installation of the battery backup system. Fiscal Impact There is available budget in the Capital Improvements Program (CIP) Local Circulation Developer Impact Fee (DIF) Fund in the amount of $69,460, sufficient to cover the installation cost of $59,786.96. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2021-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Vendor Services Agreement with NexTech Systems, and authorizing the Director of Finance to issue a purchase order in an amount not-to-exceed $59,786.96 for the installation of a Backup Battery System (BBS) at six locations in various areas of the City. Attachments Attachment 1 Resolution No. 2021- 255 Attachment 2 Vendor Quotes Attachment 3 Vendor Service Agreement Nextech Wards: 1,2,3,4,and 6 Synopsis of Previous Council Actions: None 23 Packet Pg. 627 Resolution No. 2021-255 Resolution 2021-255 October 20, 2021 Page 1 of 4 RESOLUTION NO. 2021-255 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE CITY MANAGER TO EXECUTE THE VENDOR SERVICES AGREEMENT WITH NEXTECH SYSTEMS INC. AND AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER IN THE AMOUNT NOT-TO-EXCEED $59,786.96 FOR THE INSTALLATION OF A BATTERY BACKUP SYSTEM WHEREAS, The City of San Bernardino is responsible for operating and maintaining over 308 traffic signals throughout the City; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted the FY2021/22 Capital Improvement Plan (CIP), establishing the annual funding for the installation of the Battery Backup System; and WHEREAS, in August 2021 staff administered and solicited a competitive quotation submittal process for the installation of a Battery Backup System; and WHEREAS, Nextech Systems, Inc., has been determined to be the lowest and most reasonable vendor; and WHEREAS, the City now wishes to approve the purchase order in an amount not-to- exceed $59,786.96; and WHEREAS, there is sufficient budget in (Fund 263-7651) in the amount of $69,460.90 which includes an annual budget of $50,000 and $19,725 carried over from Fiscal year 2020/21. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute the Vendor Services Agreement between the City of San Bernardino and NextTech Systems, Inc, attached hereto as “Exhibit A.” SECTION 3. The Mayor and City Council hereby authorize the Director of Finance is to issue a purchase order in the amount of $59,786.96 to Nextech Systems, Inc. in support of the installation of the Battery Backup System. 23.a Packet Pg. 628 Attachment: Attachment 1-Resolution No. 2021-255 [Revision 2] (8586 : Purchase Order Installation of a Battery Backup System (Wards Resolution No. 2021-255 Resolution 2021-255 October 20, 2021 Page 2 of 4 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 a Battery Back -up System for traffic 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 installation of a Battery Bac-up System does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2021. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk 23.a Packet Pg. 629 Attachment: Attachment 1-Resolution No. 2021-255 [Revision 2] (8586 : Purchase Order Installation of a Battery Backup System (Wards Resolution No. 2021-255 Resolution 2021-255 October 20, 2021 Page 3 of 4 Approved as to form: __________________________________ Sonia Carvalho, City Attorney 23.a Packet Pg. 630 Attachment: Attachment 1-Resolution No. 2021-255 [Revision 2] (8586 : Purchase Order Installation of a Battery Backup System (Wards Resolution No. 2021-255 Resolution 2021-255 October 20, 2021 Page 4 of 4 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 23.a Packet Pg. 631 Attachment: Attachment 1-Resolution No. 2021-255 [Revision 2] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.b Packet Pg. 632 Attachment: Attachment 2-Vendors Quotes (8586 : Purchase Order Installation of a Battery Backup System (Wards 1,2,3,4,6)) 23.b Packet Pg. 633 Attachment: Attachment 2-Vendors Quotes (8586 : Purchase Order Installation of a Battery Backup System (Wards 1,2,3,4,6)) 23.b Packet Pg. 634 Attachment: Attachment 2-Vendors Quotes (8586 : Purchase Order Installation of a Battery Backup System (Wards 1,2,3,4,6)) 23.b Packet Pg. 635 Attachment: Attachment 2-Vendors Quotes (8586 : Purchase Order Installation of a Battery Backup System (Wards 1,2,3,4,6)) 23.b Packet Pg. 636 Attachment: Attachment 2-Vendors Quotes (8586 : Purchase Order Installation of a Battery Backup System (Wards 1,2,3,4,6)) 23.c Packet Pg. 637 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 638 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 639 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 640 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 641 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 642 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 643 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 644 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 645 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 646 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 647 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 648 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 649 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 650 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 651 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 652 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 653 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards 23.c Packet Pg. 654 Attachment: Attachment 3-Vendor Services Agreement [Revision 1] (8586 : Purchase Order Installation of a Battery Backup System (Wards Page 1 Request for Future Meeting City of San Bernardino Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Ben Reynoso, Council Member, Ward 5 Subject: Fire Safety and Potential Implementation/Addition to City Municipal Code Re: Pallet Yards (All Wards 24 Packet Pg. 655 Page 1 Request for Future Meeting City of San Bernardino Date: October 20, 2021 To: Honorable Mayor and City Council Members From: Fred Shorett, Council Member, Ward 4 Subject: Evaluation of Mayor's Salary (All Wards) 25 Packet Pg. 656