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HomeMy WebLinkAbout2019-08-07 Mayor and City Council - Full Agenda-2532CITY OF SAN BERNARDINO AGENDA FOR THE JOINT REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, AUGUST 7, 2019 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION COUNCIL CHAMBER • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Bessine L. Richard COUNCIL MEMBER, W ARD 1 MAYOR COUNCIL MEMBER, WARD 6 Sandra Ibarra James Mulvihill COUNCIL MEMBER, W ARD 2 COUNCIL MEMBER, WARD 7 Juan Figueroa Teri Ledoux COUNCIL MEMBER, W ARD 3 CITY MANAGER Fred Shorett Gary D. Saenz COUNCIL MEMBER, W ARD 4 CITY ATTORNEY Henry Nickel Georgeann “Gigi” Hanna COUNCIL MEMBER, W ARD 5 CITY CLERK Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o Anyone who wishes to speak during public comment or on a particular item will be required to fill out a speaker slip. Speaker slips must be turned in to the City Clerk. You may email your request to speak to publiccomments@sbcity.org prior to 7:00 p.m. Each request will cover one speaker. Those who wish to speak must submit their own request to be called on by the Mayor. o There is a 3-minute-per-person time limit for all comments, including public or quasi-judicial hearings. o Written comment on any item may also be submitted to the City Clerk to be included in the meeting record. It will not be read aloud by the City Clerk. o All who wish to speak, including Council members and staff, need to be recognized by the Mayor or Mayor Pro Tempore before speaking. o Please contact the City Clerk’s Office (384-5002) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o All documents for public review are on file with the City Clerk’s Office or may be accessed online by going to www.sbcity.org. o Please turn off or mute your cell phone while the meeting is in session. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 2 Printed 8/7/2019 Call to Order Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Council Member, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Henry Nickel    Council Member, Ward 6 Bessine L. Richard    Council Member, Ward 7 James Mulvihill    Mayor John Valdivia    City Clerk Georgeann "Gigi" Hanna    City Attorney Gary D. Saenz    City Manager Teri Ledoux    5:30 P.M. CLOSED SESSION PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i. Pepe’s Inc. v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS1827968 ii. Pepe’s, Inc., a California corporation dba Pepe’s Towing v. City of San Bernardino, United States District Court Case No. 5:18-cv-02277-SVW (SPx) iii. Gary Saenz and Georgeann Hanna v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1919509 iv. San Bernardino Police Officer’s Association v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1817732 v. The City of San Bernardino, et al. v. Arrowhead Lodge No. 896, et al., San Bernardino Superior Court Case No. CIVDS1915640 vi. Arrowhead Lodge No. 896 v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS1913826 B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One case Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 3 Printed 8/7/2019 C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation - Government Code Section 54956.9(d)(4)): One case 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT PRESENTATIONS 1. Chamber of Commerce & Local Elected Officials Announcements PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and City Council on any item on the agenda. There is no limit to the number of items that may be discussed within the three-minute time limit. If you wish, you may email your speaking request to publiccomments@sbcity.org prior to the beginning of the meeting. Emailed requests to speak will not be accepted from anyone but the person requesting to speak. STAFF REPORTS 2. Oral Report – Public Safety Update Recommendation: Receive an oral report providing updates regarding Public Safety. 3. Consider Request from the Southern California Gas Company to Adopt a Balanced Energy Resolution Recommendation: Consider and provide staff direction on the request from the Southern California Gas Company (SoCal Gas) to adopt a Balanced Energy Resolution No. 2019-261 in support of balanced energy solutions and local choice or a revised Resolution No. 2019-262 with more neutral elements from Southern California Edison. The options able to be taken include: 1) Adopt SoCal Gas Resolution – Resolution No. 2019-261 of the Mayor and City Council of the City of San Bernardino, California, supporting balanced energy solutions and local choice. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 4 Printed 8/7/2019 2) Adopt Southern California Edison Resolution – Resolution No. 2019-262 of the Mayor and City Council of the City of San Bernardino, California, supporting balanced energy solutions and maintaining local control of energy solutions. 3) Take no action. PUBLIC HEARINGS 4. Introduction and First Reading of Ordinance No. MC-1521 amending San Bernardino Municipal Code Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 and adding San Bernardino Municipal Code Chapter 9.94 related to various Code Enforcement procedures, including the City’s Administrative Hearing Procedures and Appeals procedures Recommendation: Introduce, read by title only, and waive further reading of Ordinance No. MC-1521 of the Mayor and City Council of the City of San Bernardino, California, amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code and adding Chapter 9.94 to the San Bernardino Municipal Code related to various Code Enforcement procedures, including the City’s Administrative Hearing Procedures and Appeals Procedures. 5. Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Formed Assessment Districts Recommendation: Hold Public Hearings and adopt Resolution Nos. 2019-190 through 2019-251 of the Mayor and City Council of the City of San Bernardino, California, confirming the diagram and assessment for FY 2019/20 within various assessment districts within the City of San Bernardino, direct the Finance Director to amend the Fiscal Year 2019-20 Adopted Budget, and direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. 6. Commercial Cannabis Business Permit Location Change Request CCB19-0001 Recommendation: Approve the Commercial Cannabis Business Permit Location Change Request for Nibble This, LLC. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 5 Printed 8/7/2019 7. Substantial Amendment to FY 2019-2020 Action Plan Recommendation: Adopt a Substantial Amendment to the FY 2019 -2020 Action Plan and direct the Finance Director or his designee to revise the Fiscal Year 2019-20 Budget pursuant to the Substantial Amendment to the F iscal Year 2019-2020 Action Plan. CONSENT CALENDAR There will be no separate discussion of Consent Calendar items unless a Council member requests that the item be considered in its normal sequence on the agenda. Public comment on Consent Calendar items is limited to three minutes total per person. There is no limit on the items that can be discussed within that time. 8. Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated August 7, 2019. 9. City Council Approval of Commercial and Payroll Checks Recommendation: Approve the commercial and payroll checks for July 2019. 10. Senior Nutrition Program Grant Funding Recommendation: Adopt Resolution No. 2019-265 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submittal of the grant application, execution of San Bernardino County Contract No. 19 - 372 Department of Aging and Adult Services (DAAS); accepting the three-year grant in the amount of $1,020,000 for the term July 1, 2019 through June 30, 2022, including accepting the first year grant award in the amount of up to $340,000; and amending the City of San Bernardino Adopted FY 2019/20 Budget for the Grant Award and the approval of certain purchase orders for the Senior Nutrition Program. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 6 Printed 8/7/2019 11. Professional Services Agreement to Z&K Consultants, Inc. for Staff Augmentation Services Recommendation: Adopt Resolution No. 2019-263 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Professional Services Agreement with Z&K Consultants, Inc. for Project Management Services. 12. Authorize the First Amendment to the San Manuel Community Grant Fund Restricted Grant Agreement Recommendation: 1) Adopt Resolution No. 2019-259 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the San Manuel Community Grant Fund Restricted Grant Agreement; and 2) Authorize the Police Department to use funding to purchase fourteen Automated License Plate Recognition (ALPR) traffic cameras. 13. Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal Services Pertaining to Employment Relations and Personnel Matters Recommendation: Adopt Resolution No. 2019-252 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute Amendment No. 2 to the agreement between the City of San Bernardino and Liebert Cassidy Whitmore to provide legal services pertaining to employment relations and personnel disciplinary matters for a total amount not to exceed $75,000 for Fiscal Year 2019/20. 14. Health Benefits Plan Year 2020 Recommendation: Adopt Resolution No. 2019-253 of the Mayor and City Council of the City of San Bernardino, California, approving employer paid health benefit contributions for benefit plan year 2020 and election of Mayor and City Council to receive the same benefit plan as the Management/Confidential bargaining unit. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 7 Printed 8/7/2019 15. Public Affairs Specialist in the City Manager’s Office Recommendation: Adopt Resolution No. 2019-254 of the Mayor and City Council of the City of San Bernardino, California, approving and establishing the classification and job description of Public Affairs Specialist and reclassifying (1) one Community Engagement Specialist in the City Manager’s Office. 16. Funding Commitment for Waterman Gardens Partners 2, L.P. to Develop Phase II of Arrowhead Grove Housing Development Recommendation: Adopt Resolution No. 2019-177 of the Mayor and City Council of the City of San Bernardino, California, committing up to $1,500,000 in NSP1 funds; $830,000 in HOME Investment Partnerships Program funds; and $179,723 in CDBG funds to construct 184 multi-family housing units and authorizing the City Manager or designee, upon consultation with the City Attorney, to take any further action and execute certain agreements and documents as necessary to effectuate the commitment of funds. 17. Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 W. 5th Street) Recommendation: Adopt Resolution No. 2019-182 of the Mayor and City Council of the City of San Bernardino, California, memorializing the approval of Appeal 19-01 thereby over-turning the Planning Commission’s denial of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to allow an upgrade of an existing Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) License to a new Alcoholic Beverage Control Type-21 (Off-Sale General) License in conjunction with the existing Buena Market located at 1338 W. 5th Street, Suite 105 (APN: 0138-115-12) within the Paseo Las Placitas Specific Plan (SP-PLP) area; and, finding the project subject to a categorical exemption under the California Environmental Quality Act. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 8 Printed 8/7/2019 18. Appeal 19-02 – La Cadena Market Conditional Use Permit 18-25 (1111 W. 9th Street) Recommendation: Adopt Resolution No. 2019-183 of the Mayor and City Council of the City of San Bernardino, California, memorializing the approval of Appeal 19-02 thereby over-turning the Planning Commission’s denial of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 to allow a new Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) License in conjunction with the existing La Cadena Market located at 1111 W. 9th Street (APN: 0139-243- 13) within the Commercial General (CG-1) zone; and, finding the project subject to a categorical exemption under the California Environmental Quality Act. 19. City Attorney Office FY 2018/19 Budget Amendment and Second Amendment to the Amended and Restated Professional Services Agreement with Cole Huber, LLP for various litigation matters Recommendation: Authorize the Finance Director to amend Fiscal Year 2018-19 City Attorney Office Adopted Budget by $100,000 and adopt Resolution No. 2019-255 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Second Amendment to the Amended and Restated Professional Services Agreement with Cole Huber. 20. California Board of State & Community Corrections: Grant Award Recommendation: Adopt Resolution No. 2019-256 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to accept, execute, and administer the Board of State and Community Corrections (BSCC), Youth Reinvestment Grant Program (YRG) in the amount of $1,000,000 through February 28, 2023; and authorizing the Finance Director to amend the adopted Fiscal Year 2019/20 budget by $272,727. Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 9 Printed 8/7/2019 21. Cooperative Agreement No. 19-1002239 with the San Bernardino County Transportation Commission (Authority) for the Construction of State Route 210 Lane Addition Recommendation: Adopt Resolution No. 2019-257 of the Mayor and City Council of the City of San Bernardino, California, approving Cooperative Agreement No. 19-1002239 with the San Bernardino County Transportation Commission (Authority) for the construction of State Route 210 lane addition project. 22. Proposed Vacation of a Portion of Institution Road Recommendation: Adopt Resolution No. 2019-258 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to conduct a Public Hearing to consider the vacation of a portion of Institution Road, just south and west of Cajon Boulevard for Plan No. 13143, and the reservation of utility easements therein. 23. Second Reading and Adoption of Ordinance No. MC-1522 Levying Special Taxes to be Collected During Fiscal Year 2019-20 for Community Facilities District No. 2019-1 (Maintenance Services) Recommendation: Accept Final Reading and adopt Ordinance No. MC- 1522 of the Mayor and City Council of the City of San Bernardino, California, levying special taxes to be collected during Fiscal Year 2019-20 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). ITEMS TO BE REFERRED TO COMMITTEE REPORTS ON CONFERENCES/MEETINGS ATTENDED 24. China Delegation update – July 19 – 27, 2019 - Mayor Valdivia and Council Member Figueroa Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 10 Printed 8/7/2019 ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, August 21, 2019 in the Council Chamber located at 666 West 6 th Street, San Bernardino, California 92410. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Georgeann “Gigi” Hanna, MMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the Au gust 7, 2019 regular meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 666 West 6th Street, San Bernardino, California, and on the City’s website www.ci.san - bernardino.ca.us on Friday, August 2, 2019. I declare under the penalty of perjury that the foregoing is true and correct. Georgeann “Gigi” Hanna, MMC, City Clerk Regular Meeting Agenda August 7, 2019 Mayor and City Council of the City of San Bernardino Page 11 Printed 8/7/2019 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion hel d by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 2.a Packet Pg. 12 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) Major Changes • Established 5 District Commands including the deployment of 10 district resource officers (a significant improvement over the previous 2 quality of life officers) to address quality of life issues and other district-centric issues throughout the city. • Reallocated over 130 sergeants, corporals, and police officers among 5 newly-established community policing districts. • Created a violent crime and Narcotics unit. Violent crime unit works hand in hand with the VIP program and Narcotics fills an operational capability the department was lacking for several years. 2.a Packet Pg. 13 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) District Commands (In operation for only 2 months) • Significantly increased enforcement to address quality of life issues, including focused arrests and citations aimed at countering problems associated with the homeless population, transient vendors, code violations, and neighborhood blight. • Addressed community-generated quality of life and neighborhood concerns through the handling of over 700 specific CRM requests. • Participated in approximately 75 community meetings and events including Coffee- With-A-Cop, neighborhood association meetings, faith-based group gatherings, business watch meetings, and service club meetings in an effort to enhance police/community relationships and improve two-way communication in adherence to the community policing philosophy. • Worked with community partners to establish (or-reestablish) new neighborhood associations. OPERATIONS DIVISION 2.a Packet Pg. 14 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) District Commands (cont.) • Started a new downtown business watch group to bring business owners together and to improve business conditions in the downtown core. • Established new communication methods to improve community outreach and to provide community members with a direct line of communication to their district team (district contact numbers and e-mail accounts). • Currently updating our policy and response protocol to homeless encampments in conjunction with the City Attorney’s Office (including policy revisions, personal property handling protocol modifications, and prosecutions using the unlawful camping ordinance). • Assisted with the reformation of the Police Department Chaplain Corps to enhance the relationship with the Police Department and faith-based community. OPERATIONS DIVISION 2.a Packet Pg. 15 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) OPERATIONS DIVISION Specific Enforcement Activities: • Conducted 2 prostitution operations in the downtown area, resulting in approximately 25 arrests for human trafficking and prostitution charges. • Engaged in two major cleanups at Meadowbrook Park following complaints received from the community of unlawful camping and related quality of life issues. During these two events officers: Ø Made 33 misdemeanor and 5 felony arrests, Ø Cleaned and removed 45 camps, and Ø Cleaned and removed over 25 dumps. 2.a Packet Pg. 16 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) District Clean-up 2.a Packet Pg. 17 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) Specific Enforcement Activities (cont.) OPERATIONS DIVISION •Conducted cleanups at Tom Gould, Perris Hill, and Wildwood Parks. •Twice deployed the Mounted Unit to address quality of life issues in the core downtown business district. •Conducted extensive enforcement at the marijuana dispensary at Marshall Boulevard / E Street in response to community complaints. •Served a search warrant at the Net Café, 415 West 5th Street. Ø 5 arrests and the seizure of 34 computers used for illegal online gambling activities. •Deployed a bait car in conjunction with the SANCATT team to address significant auto theft and auto burglary issues as requested by community and business members. 2.a Packet Pg. 18 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) OPERATIONS DIVISION Traffic Unit •Investigated 20 fatal traffic collisions. •Conducted 59 special enforcement operations using Office of Traffic Safety grant funds. •These operations resulted in the issuance of over 3,000 citations focusing on the following areas: Ø Bicycle safety Ø Pedestrian safety Ø DUI enforcement Ø Seatbelt enforcement Ø Motorcycle safety and enforcement 2.a Packet Pg. 19 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) OPERATIONS DIVISION Patrol • Improved call response times despite an uptick in total calls for service: January -June 2018 January -June 2019 Difference % Change # Calls for Service 44,255 44,710 + 455 + 1.0% Overall Response Time 92 minutes 82.33 minutes -9.7 minutes -8.5% Priority E 7.63 minutes 8.01 minutes 38 seconds + 4.9% Priority 1 35.59 minutes 21.65 minutes -13.9 minutes -39.2% Priority 2 105.18 minutes 90.98 minutes -14.2 minutes -13.5% Priority 3 145.47 minutes 139.38 minutes -6.09 minutes -4.2% Priority 4 179.33 minutes 164.70 minutes -14.63 minutes -8.15% Priority 5 214.04 minutes 203.88 minutes -10.16 minutes -4.74% 2.a Packet Pg. 20 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) OPERATIONS DIVISION Patrol (cont.) •Increased overall arrests (Department-wide numbers): Jan. -June 2018 Jan. -June 2019 Difference % Change Booked Felony 1,644 1,620 -24 -1.5% Misdemeanor 2,620 2,571 -49 -1.9% To tal 4,264 4,191 -73 -1.7% Cited Felony 16 24 + 8 + 33.3% Misdemeanor 1,463 1,956 + 493 + 25.2% To tal 1,479 1,980 + 501 + 25.3% TOTAL 5,743 6,171 + 428 + 6.9% 2.a Packet Pg. 21 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) OPERATIONS DIVISION Patrol (cont.) Community Partnerships Deployed 3-full time officers to the San Manuel detail. In the month of June alone, these officers: Ø Made 82 arrests, Ø Initiated 270 traffic stops, Ø Wrote 106 citations, Ø Handled 77 calls for service, Ø Impounded 60 vehicles, and Ø Engaged in 40 community contacts. Deployed a full-time officer at Community Hospital and staffing a rotating officer at Saint Bernardine’s Hospital to provide improved service and reduce the reliance on patrol resources for hospital-based issues. 2.a Packet Pg. 22 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) 2.a Packet Pg. 23 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) Personnel and Training Fiscal Year Budgeted Ye ar-End Actual FY 2008/09 356 324 FY 2009/10 350 326 FY 2010/11 350 348 FY 2011/12 305 292 FY 2012/13 281 272 FY 2013/14 260 234 FY 2014/15 260 234 FY 2015/16 248 218 FY 2016/17 260 229 FY 2017/18 261 246 FY 2018/19 261/267 250 FY 2019/20 256/254 256 (July) The department has more officers and is fully staffed for the first time since 2012/13. 2.a Packet Pg. 24 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) San Bernardino City Fire department Update Jan 1, 2019 to June 30, 2019 Dan Mejia, Assistant Chief East San Bernardino Valley July 2019 www.sbcfire.org San Bernardino County Fire Department 2.a Packet Pg. 25 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) •Emergency Incidents/ Calls for Service •Responses times •Capital improvements •Equipment replacement •Prevention and Community Risk Reduction •Special Operations www.sbcfire.org Important aspects of fire services in our City San Bernardino County Fire Department 2.a Packet Pg. 26 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org County Fire strives to make data driven decision focused on the best outcomes for our citizens. Criteria for Decision Making: 1) The fastest response time to incidents occurring within the City. 2) Target Hazards 3) Target (At Risk) Populations (Senior Citizens and Children) These decisions are demonstrated by our high reliability and performance San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 27 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org Notes: Previous City Fire reported response times were 9 minutes and 30 seconds (540 seconds) for the first ALS unit onscene. Operated 12 fire stations with 124 personnel County Fire operates 9 stations with 114 personnel. Last year we responded to over 54,000 calls for service. San Bernardino County Fire Department Duty, Honor, Community Response Criteria METRO Average Percent 90th Percentile First ALS unit Enroute to onscene 5:00 4:58 60%7:48 First Chief Officer Enroute to Onscene 8:00 6:41 73%11:15 First Engine Type1 Enroute to OnScene 5:00 4:57 60%7:47 First Engine Type3 Enroute to Onscene 5:00 10:47 12%18:28 Second Engine Enroute to Onscene 7:00 5:51 73%9:55 First ALS Ambulance Enroute to Onscene 5:00 14:47 0%0:00 First Squad Enroute to Onscene 5:00 5:01 60%7:30 First Ladder Truck Enroute to Onscene 6:00 5:21 66%8:31 First HazMat Unit Enroute to Onscene 25:00:00 18:14 80%27:59:00 First Rescue Enroute to Onscene 25:00:00 28:22:00 0%0:00 First Full Alarm Assignment Enroute to Onscene (FS or FC, Based on FRZ)5:00 8:54 12%14:22 First Full Alarm Assignment Enroute to Onscene (FG, Based on FRZ)5:00 18:11 0%21:24 2.a Packet Pg. 28 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.orgSan Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 29 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org Completed CIP Expenditures have focused on: 1)Structure and stability: A)Security of our stations and equipment B)Deferred Maintenance “Catch-Up” on station maintenance repair including roof and other structural element repair. C)Concrete and trip hazard repair D)Electrical and plumbing repair 2) Safety Equipment: A)“Extractor” washing machines and decontamination areas B)Station “Back-Up” Generators San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 30 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org Completed CIP Expenditures 1.Security for all the City fire stations 2.Concrete and asphalt replacement at stations 221 & 224 3.Reroofed station 221 4.Bathroom projects at station 226 & 227 Projects planned for FY2019/20 1.Generators and extractors at all fire stations 2.Concrete and asphalt replacement at station 222 Projected costs $2.0 million San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 31 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.orgSan Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 32 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org Fiscal Year Apparatus Type Assignment 18/19 Ty pe 1 ME224 18/19 Ty pe 1 ME222 18/19 Tr uck MT224 19/20 Ty pe 1 ME226 19/20 Ty pe 1 ME221 San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 33 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.orgSan Bernardino County Fire Department Duty, Honor, Community The Office of the Fire Marshal (OFM) has a unique position within the Fire Department as the Inspection, Investigation, and Regulatory function of the San Bernardino County Fire Department. While active in emergency preparedness and response to fires and hazardous materials incidents, the OFM also accomplishes the vital purpose of preventing emergencies through the education and enforcement of health and safety laws and regulations. With a staff of approximately 100 members, the OFM works as a team to protect life, property, and the environment for the health and safety of both present and future generations. 2.a Packet Pg. 34 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org FY18/19 Community Safety Statistics for the City of San Bernardino To tals Plans submittals 640 Construction Inspections 936 State Mandated Inspections 1948 Annual Inspections 1375 Grand Total 4899 San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 35 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org FY18/19 Community Safety Statistics for the City of San Bernardino Significant Events •All tri-plex apartments have been added to added to State Mandated inspections •In the process of adding all Hood and Duct systems to the annual inspection program •Wo rking with City Business Licensing to assure all new business requiring annual inspection are being inspected •Wo rking with Code Enforcement on fire hazard and dangerous structure abatement cases San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 36 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org FY 18/19 City of San Bernardino Fire Investigation Stats Commercial Fire 49 Ve getation Fire 65 Residential Structure Fire 104 Ve hicle Fire 27 Other Fires 10 Other calls 4 Injuries 2 Fatalities 0 San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 37 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org Wi ldland Hand crew Manhours Project work-Preparing for control burn on Little Mountain 410 Incident Support 63 San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 38 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) www.sbcfire.org July 4, 2019 to July 5, 2019 Incident Type Total Ve getation Fire 16 Structure Fire 5 Investigation/Alarm 11 Public Service 8 County Task Force Had checkpoints along I-15 for three weekends and resulted in 30 tons of seized fireworks, and more than $90,000 in fines Ta sk Forced issued 73 citations A f ines of $1,250 is the penalty for first offense and includes the possibility of arrest San Bernardino County Fire Department Duty, Honor, Community 2.a Packet Pg. 39 Attachment: Police Fire report to MCC (6224 : Oral Report – Public Safety Update) 3.a Packet Pg. 40 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.1.REPORT (6242 : Consider Request from the Southern 8/1/2019 5:03 PM such a resolution would slow the growth and deployment of clean energy technology in the City of San Bernardino. The LRC moved to bring this matter back to the Mayor and Council for discussion and review, considering and providing direction on the request from SoCal Gas. Since the LRC Meeting on July 9, 2019 staff has received a formal letters of support from SoCal Gas (Attachment 3) and opposition from Southern California Edison (Attachment 4). While Southern California Edison is requesting that the City not to take a stance, they have submitted an alternate resolution presented with more neutral elements. 2018-19 Goals and Objectives Considering a resolution on balanced energy solutions and local choice helps to provide infrastructure for a sustainable city aligning with the Mayor and City Council Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. Fiscal Impact There is no fiscal impact associated with providing staff with direction on recommendations for a Balanced Energy Resolution. Conclusion Consider and provide staff direction on the request from the Southern California Gas Company (SoCal Gas) to adopt a Balanced Energy Resolution No. 2019-261 in support of balanced energy solutions and local choice or a revised Resolution No. 2019-262 with more neutral elements from Southern California Edison. Attachments Attachment 1 SoCal Gas Resolution – Resolution 2019-261 Attachment 2 Southern California Edison Resolution – Resolution 2019-262 Attachment 3 Formal Letter of Support – SoCal Gas Attachment 4 Formal Letter of Opposition – Southern California Edison Ward: All Synopsis of Previous Council Actions: None 3.a Packet Pg. 41 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.1.REPORT (6242 : Consider Request from the Southern Resolution No. 2019-261 RESOLUTION NO. 2019-261 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SUPPORTING BALANCED ENERGY SOLUTIONS AND LOCAL CHOICE WHEREAS, California’s energy policies are critical to reducing greenhouse gas emissions and reducing the impact of climate change on our citizens; and WHEREAS, the state legislature and state agencies are increasingly proposing new legislation and regulations eliminating choice of energy by mandating technologies to power buildings and public and private fleets, including transit and long-haul trucking, as a strategy to achieve the state’s climate goals; and WHEREAS, clean, affordable and reliable energy is crucial to the material health, safety and well-being of San Bernardino residents, particularly the most vulnerable, who live on fixed incomes, including the elderly and working families who are struggling financially; and WHEREAS, the need for clean, affordable and reliable energy to attract and retain local businesses, create jobs and spur economic development is vital to our city’s success in a highly competitive and increasingly regional and global marketplace; and WHEREAS, San Bernardino, its residents and businesses value local control and the right to choose the policies and investments that most affordably and efficiently enable them to comply with state requirements; and WHEREAS, building and vehicle technology mandates eliminate local control and customer choice, suppress innovation, reduce reliability and unnecessarily increase costs for San Bernardino residents and businesses; and WHEREAS, the City understands that relying on a single energy delivery system unnecessarily increases vulnerabilities to natural and man-made disasters, and that a diversity of energy delivery systems and resources contribute to greater reliability and community resilience; and WHEREAS, San Bernardino understands the need to mitigate the impacts of climate change and is committed to doing its part to help the state achieve its climate goals, but requires the flexibility to do so in a manner that best serves the needs of its residents and businesses. NOW, THEREFORE, 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. 3.b Packet Pg. 42 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.2.Attachment 1 (6242 : Consider Request from the Southern Resolution No. 2019-261 SECTION 2. That the City supports balanced energy solutions that provide it with the decision-making authority and resources needed to achieve the state’s climate goals and supports proposed state legislation and regulation that retains local control by allowing all technologies and energy resources that can power buildings and fuel vehicles, and also meet or exceed emissions reductions regulations. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 3.b Packet Pg. 43 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.2.Attachment 1 (6242 : Consider Request from the Southern Resolution No. 2019-261 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-___, adopted at a regular meeting held on the ___ day of _______ 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. Georgeann Hanna, MMC, City Clerk 3.b Packet Pg. 44 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.2.Attachment 1 (6242 : Consider Request from the Southern Resolution No. 2019-262 RESOLUTION NO. 2019-262 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SUPPORTING BALANCED ENERGY SOLUTIONS AND MAINTAINING LOCAL CONTROL OF ENERGY SOLUTIONS WHEREAS, California’s energy policies are critical to reducing greenhouse gas emissions and reducing the impact of climate change on our citizens; and WHEREAS, the City of San Bernardino recognizes the dangers posed by burning fossil fuels, both petroleum and methane based, which can produce or introduce chemicals that are harmful to human health, such as nitrous oxides, sulfur oxides, particulates, and known carcinogens such as benzene and formaldehyde; and WHEREAS, the state legislature and state agencies are increasingly proposing new legislation and regulations that set goals for reducing our emissions of these harmful chemicals, as a strategy to achieve the state’s climate and air quality goals; and WHEREAS, current building codes and standards are based on a 20th century framework of power generation supply dominated by fossil fuels, and this framework needs to be updated to account for an increasingly decarbonized electric grid, and to prioritize decarbonization in addition to energy efficiency; and WHEREAS, clean, affordable and reliable energy is crucial to the material health, safety and well-being of the City of San Bernardino, residents, particularly the most vulnerable, who live on fixed incomes, including the elderly and working families who are struggling financially; and WHEREAS, the need for clean, affordable and reliable energy to attract and retain local businesses, create jobs and spur economic development is vital to our city’s success in a highly competitive and increasingly regional and global marketplace; and WHEREAS, the City of San Bernardino, its residents and businesses value local control and the right to choose the policies and investments that most affordably and efficiently enable them to comply with state requirements; and WHEREAS, building and vehicle technology mandates eliminate local control and customer choice, suppress innovation, impact reliability and unnecessarily increase costs for the City of San Bernardino residents and businesses; and WHEREAS, the City of San Bernardino recognizes that new technologies like solar and energy storage are giving customers more choices, more control, and increasing their energy resiliency, while reducing energy bills; and 3.c Packet Pg. 45 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.3.Attachment 2 (6242 : Consider Request from the Southern Resolution No. 2019-262 WHEREAS, the City of San Bernardino understands the need to mitigate the impacts of climate change and is committed to doing its part to help the state achieve its climate goals, but requires the flexibility to do so in a manner that best serves the needs of its residents and businesses. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the City supports balanced energy solutions that provide it with the decision-making authority and resources needed to achieve the state’s climate goals and supports proposed state legislation and regulation that retains local control by allowing all technologies and energy resources that can power buildings and fuel vehicles while also meeting or exceeding emissions reductions regulations and air quality goals. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: 3.c Packet Pg. 46 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.3.Attachment 2 (6242 : Consider Request from the Southern Resolution No. 2019-262 Gary D. Saenz, City Attorney 3.c Packet Pg. 47 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.3.Attachment 2 (6242 : Consider Request from the Southern Resolution No. 2019-262 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-___, adopted at a regular meeting held on the ___ day of _______ 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. Georgeann Hanna, MMC, City Clerk 3.c Packet Pg. 48 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.3.Attachment 2 (6242 : Consider Request from the Southern Kristine D. Scott Public Affairs Manager The Gas Company Mailing Address: 155 S G. Street San Bernardino, CA 92410 Tel: 909-809-0317 E-Mail: KScott@socalgas.com July 31, 2019 Aaron J. Zavala, M.P.A. Administrative Analyst, II Office of the City Manager 290 North D Street, 3rd Floor San Bernardino, CA 92401 Subject: SoCalGas – Balanced Energy Resolution As you know, I came before the City Council this past January to present SoCalGas’ vision on a Responsible and Balanced Energy Future for a Cleaner and Sustainable Future. We continue our campaign to educate Legislators and Communities, so decision-makers can make the right choices and decisions for all of us, which leads to the best energy policies. On Wednesday, August 7, you will have on the agenda a Resolution for a “Balanced Energy.” Many Cities & Counties are adopting these resolutions in response to the State of California’s introduction of (failed) legislation to electrify everything, which we believe to be a misguided attempt at Clean Air & Sustainability. The resolution does not take a position against electrification. It does emphasize the City Council’s desire to allow for customer choice, as well as local control. The costs associated with electrical appliances and the long-term costs to operate these items is greater than gas operated equipment. It is important to recognize that full electrification may be more costly for some residents, particularly the most financially vulnerable within the San Bernardino community (e.g. fixed incomes, elderly, working families, etc.). One of the additional benefits of maintaining a balanced energy solution is to allow alternative sources to be developed and available in case of electrical grid failure. The State’s focus on electrical energy delivery discourages investment in alternative energy sources. SoCalGas has a Sustainability & Clean Air action plan that has already been put into action, costs much less than electrification of everything in California and will achieve the same results sooner. 3.d Packet Pg. 49 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.4.Attachment 3 (6242 : Consider Request from the Southern Kristine D. Scott Public Affairs Manager The Gas Company Mailing Address: 155 S G. Street San Bernardino, CA 92410 Tel: 909-809-0317 E-Mail: KScott@socalgas.com Like the electrical companies, SoCalGas has also been doing its part to reduce greenhouse gases by promoting biogas or renewable natural gas. These energy alternatives come from sources such as green waste, wastewater treatment plants, food waste and agriculture waste. We have determined when we introduce 20% Renewable Natural Gas (RNG) into our distribution system, that will have the same positive Green House Gas (GHG) reductions as electrifying all California and at a much lower cost. Supporting energy choice does not come at a cost to the environment. Both electricity and gas energy suppliers are concerned with greenhouse gas emissions and are seeking methods to protect the environment. By supporting the recommended resolution, the City Council is making a statement to protect customer choice, protect customers from higher energy costs and make a positive decision for a better environment in the future. Let residents and businesses make their own choice on how to meet climate action goals, based on a variety of energy sources available and include new renewable energy sources that fit the best option for their needs and what they can afford and when they can afford it. For your review, I have included a document on “Building Decarbonization,” as well as a “Myth versus Fact on Renewable Natural Gas” Sheet. On behalf of SoCalGas, we thank you for the consideration and assistance in helping us achieve our Clean Air and Sustainability Goals, without giving up on Customer Choice. Sincerely, Kristine D. Scott Public Affairs Manager SoCalGas 3.d Packet Pg. 50 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.4.Attachment 3 (6242 : Consider Request from the Southern 3.d Packet Pg. 51 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.4.Attachment 3 (6242 : Consider Request from the Southern FACT FACT FACT FACT "Cooking with natural gas causes indoor air pollution." Both electric and natural gas stoves should be used with proper ventilation. The emissions from cooking food— not from the burner—are the main source of concern when it comes to indoor air quality.1 Even toasters release toxic particles into the air the moment they are turned on, according to research by The University of Texas, Austin.2 When cooking indoors, these pollutants can be easily addressed with good kitchen ventilation.3 "Natural gas use in California homes is a major cause of greenhouse gas emissions." The use of natural gas in homes creates about 6% of greenhouse gas emissions in California, and its use in commercial buildings adds another 3%.4 By comparison, tailpipe emissions from cars, trucks and shipping are responsible for 40% of greenhouse gas emissions.5 Emissions from natural gas use in homes can be negated by replacing less than 20% of fossil gas with renewable natural gas (RNG), achieving the same greenhouse gas reductions as electrifying 100% of buildings by 2030.6 "There is not enough RNG to replace 20% of traditional natural gas to meet the needs of Californians." According to two separate studies by EFI Global and the Gas Technology Institute, more than a third of the supply needed to switch 20% of our natural gas to RNG can come just from California’s dead trees, which experts say must be cleared.7 Further, municipal organic waste diversion plans will provide a great deal of RNG from waste that is currently going to landfi lls. Analysis shows Los Angeles County municipal operations could displace 100% of its current traditional natural gas with RNG by 2025 by converting food and paper waste to biogas.8 "Switching to all-electric appliances will make energy less expensive for Californians." Proponents of switching homes and buildings to all-electric appliances cite a study claiming cost savings for consumers. That study fails to account for the greenhouse gas reductions of renewable natural gas, it unfairly compares expensive high-tech electric heat pumps with conventional natural gas heating systems, and it doesn’t factor in policies and programs expected to increase electric rates—such as wildfi re mitigation programs or new transmission lines needed to move the additional renewable electricity to population centers.9 By contrast, using RNG to achieve emissions reductions would cost 2-3x less than mandating electricity only.10 A study last year by the California Building Industry Association found that the initial cost of replacing natural gas appliances for electric ones, including the necessary electrical upgrades, would cost about $19,000. And higher electricity bills would increase household expenses by as much as $516 year.11 MYTH MYTH MYTH MYTH THE FACTS ABOUT RENEWABLE NATURAL GAS 3.d Packet Pg. 52 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.4.Attachment 3 (6242 : Consider Request from the Southern "All-electric homes don’t have any greenhouse gas emissions." At least 40% of the electricity generated in California currently comes from natural gas-fired power plants—in large part because solar and wind power are not available 24/7 to meet demand when people need electricity. Thus, about 40% of the electricity used in homes creates emissions.12 "Getting rid of natural gas appliances is the only way to reduce greenhouse gas emissions from homes and commercial buildings." By replacing 16-20% of traditional natural gas with renewable natural gas, we can achieve the same GHG reductions by 2030 as switching all homes and buildings to electricity only and at one-third to one-half the cost. This is because RNG, created with waste from dairies, farms, wastewater and landfills, takes more emissions out of the air than are created when it is used. In fact, state law requires 40 percent of methane from California's landfills and farms to be captured, with provisions to deliver that energy to customers.13 A report from former Energy Secretary Ernest Moniz notes that the only way to reduce emissions from agriculture is with RNG.14 "The natural gas pipeline system leaks lots of methane." A major Washington State University study noted new emission factors for natural gas distribution systems result in an emission rate for SoCalGas’ system at 0.12% of all natural gas delivered.15 "SoCalGas® just wants to keep delivering fossil gas, doing business as usual. To get rid of fossil fuels, California must get rid of its pipeline system." SoCalGas supports California’s carbon-neutrality goals and has committed to replacing 20% of its fossil natural gas supply with renewable natural gas by 2030. As noted in a report from former Energy Secretary Ernest Moniz, carbon-neutral or carbon-free fuels such as renewable natural gas and hydrogen will be necessary tools to achieving deep decarbonization along with a broad range of solutions. This will require the leveraging of the existing pipeline network and workers to reach California’s climate goals.16 1 https://www.arb.ca.gov/research/indoor/cooking/cooking.htm 2 https://www.thetimes.co.uk/article/toast-is-more-toxic-than-traffic-fumes-wm6pb6c8z 3 https://scopeblog.stanford.edu/2018/03/06/use-your-range-hood-for-a-healthier-home-advises-indoor-air-quality-researcher 4 The ARB GHG emissions inventory includes hydrofluorocarbons, adding 1-2% to total. https://efiling.energy.ca.gov/GetDocument.aspx?tn=224498&DocumentContentId=55045 5 https://www.arb.ca.gov/cc/inventory/data/data.htm 6 https://www.socalgas.com/1443741887279/SoCalGas_Renewable_Gas_Final-Report.pdf 7 According to the Gas Technology Institute, there are enough dead trees today in California to produce 78.3 billion cubic feet of RNG annually for 30 years. 8 Los Angeles County Regional/Countywide Organic Waste Management Plan. June 2016 9 CleanWorld Expanding Successful Sacramento BioDigester. 2013. http://www.cleanworld.com/news/cleanworld-expanding-successful-sacramento-biodigester 10 https://www.ethree.com/wp-content/uploads/2019/04/E3_Residential_Building_Electrification_in_California_April_2019.pdf 11 https://www.socalgas.com/1443741887279/SoCalGas_Renewable_Gas_Final-Report.pdf 12 https://efiling.energy.ca.gov/GetDocument.aspx?tn=224498&DocumentContentId=55045 13 https://www.energy.ca.gov/almanac/electricity_data/total_system_power.html 14 https://www.socalgas.com/1443741887279/SoCalGas_Renewable_Gas_Final-Report.pdf 15 https://energyfuturesinitiative.org/efi-reports 16 https://www.socalgas.com/stay-safe/methane-emissions/SoCalGas-efforts-to-reduce-methane-emissions 17 https://energyfuturesinitiative.org/s/EFI_CA_Decarbonization_FactSheet.pdf © 2019 Southern California Gas Company. All copyright and trademark rights reserved. N19H0088A 0619 Using RNG to achieve emissions reductions would cost 2-3x less than mandating an all-electric approach. MYTH MYTH MYTH MYTH THE FACTS ABOUT RENEWABLE NATURAL GAS FACT FACT FACT FACT 3.d Packet Pg. 53 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.4.Attachment 3 (6242 : Consider Request from the Southern 1351 Francis Ave. Ontario, CA 92336 Mark.Cloud@sce.com Subject: Energy Affordability & Customer Choice Dear Mayor and Council, Southern California Edison is working to make it easier and more affordable for customers to adopt clean energy solutions that fit their lifestyle. But recently, a coalition has started approaching community leaders asking them to support a “balanced energy approach.” We have serious concerns about the assertions made by Californians for Balanced Energy Solutions (C4BES) and their members. I want you to know I am a resource for you on energy issues and am happy to discuss what SCE is doing, answer your questions, and address your concerns. I ask that you to take caution if approached about this initiative and please give us the opportunity to discuss it with you before taking any action. Electrification can decrease air pollution and potentially save money, when applied thoughtfully. This is why SCE is working with a diverse mix of stakeholders to promote a clean energy future. Unfortunately, there is a lot of misinformation being pushed about what California’s clean energy future may look like. The truth is no one is trying to take away your existing gas stove, and SCE is certainly not calling for an immediate replacement of gas appliances. The only people stoking fear on this issue are SoCal Gas and C4BES. Based on consumer trends, we anticipate increased adoption of electricity over time for various gas appliances as they reach the end of their useful life. We are focused on space and water heating because they contribute 90% of climate emissions from residential buildings. We are working to achieve this by making it easier and more affordable for customers to choose electric solutions. Today, customers face many obstacles if they want to transition their natural gas appliances to electric alternatives. SCE wants to work with a wide variety of stakeholders to increase the availability of clean, safe, affordable, and efficient options for electric space and water heating. Some customers will see value in going all-electric, including cooking, while others may not. That’s okay. While our plan is electric-led, it is certainly not electric-only. In fact, we support renewable natural gas to the extent that it can be sourced safely, cost-effectively, and accounted for properly. It should be applied to end-uses that are hard to electrify and are environmentally beneficial. However, it is a finite resource that cannot scale to meet California’s needs. C4BES was founded in part by fossil-fuel interests looking to slow the growth and deployment of clean energy technologies, but it does not offer any real solutions. Their stated policy principles and activities all clearly advocate for increased usage of methane products. This is most certainly not a balanced approach. Thank you for taking the time to read this note. Again, I am always available to answer any questions and clarify energy issues from an Edison perspective. I look forward to speaking with you soon on this topic and answering all your questions. Regards, Mark Cloud Government Relations Manager Southern California Edison Mark Cloud Government Relations Manager Local Public Affairs 3.e Packet Pg. 54 Attachment: CM.LRC Recommendation SoCal Gas Balanced Energy Resolution.5.Attachment 4 (6242 : Consider Request from the Southern 4.a Packet Pg. 55 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.01.STAFF REPORT (6225 : Ordinance No. MC-1521 Related to Various Code 8/1/2019 10:58 AM to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94. The City previously adopted Ordinance No. MC-1474 in 2018, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners. Ordinance No. MC-1474. However, when dissolving the Board of Building Commissioners, the City did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code. As a result, hearings and appeals granted in various Municipal Code provisions currently grant a right to an appeal before a non-existent Board of Building Commissioners. During a review of the Municipal Code to identify the erroneous references to the Board of Building Commissioners, City staff determined that a more comprehensive update to the City’s hearing and appeal procedures was warranted, beyond merely correcting the references to the former board. While Ordinance No. MC-1474 established the Building and Accessibility Appeals Board, it was determined that further changes to this board were necessary to comply with the Health and Safety Code and to ease the Board’s membership qualifications to make staffing the board and reaching a quorum easier. The proposed Ordinance amends Chapter 2.45, Building and Accessibility Appeals Board, to optimize the board membership qualifications and hearing procedures in the following ways. First, it alters the Board membership requirements in a way that ensures compliance with the law and makes staffing the Board and reaching a quorum easier. It does so by: (1) eliminating the accessibility aspect that is optional under Health and Safety Code section 19957.5 (a); (2) eliminating the residency requirement; and (3) imposing a requirement that Board members be knowledgeable and experienced in building codes and building construction, as required by Health and Safety Code section 17920.5. Finally, the proposed Ordinance amends Chapter 2.45 to provide additional hearing and appeal procedures to clarify the process for appellants and provide guidance to the handling of these matters for the Board. Next, to accomplish the comprehensive update to the City’s hearing and appeal procedures, the Ordinance adds a new chapter, Chapter 9.94, to Title 9 of the Municipal Code pertaining to Administrative Appeal Hearings, which is intended to be a generally- applicable and consolidated appeals process that can be used for any matter where a right to a hearing or appeal is granted in the Municipal Code. Rather than simply supplant erroneous references to the Building and Accessibility Appeals Board with references to the newly-established Building Appeals Board, the proposed Ordinance assigns to the Building Appeals Board only those appeals where the right to appeal to the Board is granted under State law, namely under California Building Code section 1.8.8.3. This Ordinance amends the San Bernardino Municipal 4.a Packet Pg. 56 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.01.STAFF REPORT (6225 : Ordinance No. MC-1521 Related to Various Code 8/1/2019 10:58 AM Code to refer all other hearings and appeals to the new hearing and appeal chapter, Chapter 9.94. The streamlined and consolidated hearing procedures in proposed Chapter 9.94 are preferable to having all matters heard by the Building Appeals Board for several reasons. First, the matters that may be appealable under Chapter 9.94 are diverse and are not limited to issues related to building construction. A hearing officer will likely be in a better position to render a fair decision on a diverse range of subject matters. Second, convening of a single hearing officer will be easier than convening of a board as a practical matter. Setting and holding of administrative hearings requires flexibility. Due process and fairness requires that certain matters be resolved expeditiously or at the convenience of the appellant. Selecting the administrative officer, setting and conducting a hearing, achieving a quorum, responding to allegations of bias, and efficiently rendering a decision are all expected to be more easily handled under Chapter 9.94, where the City may select a single qualified hearing officer. The conducting of hearings and appeals by a single hearing officer, rather than a board, is expected to enhance the cost-efficiency and effectiveness of administrative review. With respect to individual chapters, this Ordinance proposes amendments to various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and make other beneficial changes to the chapters affected by the amendments to the hearing and appeal provisions. While the general amendments are described above, the amendments within the proposed Ordinance are more specifically described below. The proposed Ordinance also amends the following: • Chapter 8.24, which amends Section 8.24.100(H) of Chapter 8.24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94. • Chapter 8.30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals. • Chapter 8.36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9.94. • Chapter 9.92, Administrative Citation Process, to authorize the City to collect delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation. 4.a Packet Pg. 57 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.01.STAFF REPORT (6225 : Ordinance No. MC-1521 Related to Various Code 8/1/2019 10:58 AM • Chapter 15.04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits. • Chapter 15.05, Property Maintenance Code, to correct a reference to the current edition of the International Property Maintenance Code. • Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9.94. • Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City’s authority to recover costs of abatements done under this code. • Various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments. 2018-19 Goals and Objectives The recommended action aligns with Goal 3 – Create, Maintain, and Grow Jobs and Economic Value in the City. Standardizing and Centralizing the Appeals provisions throughout the Municipal Code will help lead to more predictable decision-making and efficient processing and program delivery. This can lead to inspiring confidence in investors and garner trust by the community in their local government. The recommended action also aligns with Goal 5 – Improve City Government Operations. Centralizing and standardizing appeals provisions implements clear roles and lines of authority. It also improves organizational efficiency and effectiveness. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce Ordinance MC-1521 - AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTERS 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES, INCLUDING THE CITY’S ADMINISTRATIVE HEARING PROCEDURES AND APPEALS PROCEDURES 4.a Packet Pg. 58 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.01.STAFF REPORT (6225 : Ordinance No. MC-1521 Related to Various Code 8/1/2019 10:58 AM Attachments Attachment 1 Proposed Ordinance MC-1521 Attachment 2 Proposed Ordinance Amendments In Redline Ward: All 4.a Packet Pg. 59 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.01.STAFF REPORT (6225 : Ordinance No. MC-1521 Related to Various Code Ordinance No. MC-1521 – 1 of 33 – ORDINANCE NO. MC-1521 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AMENDING CHAPTERS 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, AND 15.28 OF THE SAN BERNARDINO MUNICIPAL CODE, AND ADDING CHAPTER 9.94 OF THE SAN BERNARDINO MUNICIPAL CODE, RELATED TO VARIOUS CODE ENFORCEMENT PROCEDURES, INCLUDING THE CITY’S ADMINISTRATIVE HEARING PROCEDURES AND APPEALS PROCEDURES WHEREAS, the City previously adopted Ordinance No. MC-1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, as permitted by Health and Safety Code section 19957.5(a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920.5, ease the Board’s membership qualifications, and make reaching a quorum easier; and WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC-1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and WHEREAS, this Ordinance amends Chapters 8.24, 8.36, 8.69, 9.92, 15.04, 15.20, 15.26, 15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and WHEREAS, this Ordinance adds Chapter 9.94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36, 9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be the Building Appeals Board under Chapter 2.45 or a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1.8.8.3; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9.94 of the San Bernardino Municipal Code; and 4.b Packet Pg. 60 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 2 of 33 – WHEREAS, this Ordinance amends Section 8.24.100(H) of Chapter 8.24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Manager and provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 8.30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to property owners, recovery of abatement costs, and procedures for hearings and appeals; and WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and instead provide for appeals to a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorize the City to collect delinquent administrative citation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of the California Building Standards Code, to eliminate adoptions of other unnecessary uniform codes, and to eliminate an erroneous reference to an impermissible method to calculate fees for building permits; and WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to correct a reference to the current edition of the International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appeals to a hearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adopted by reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authority granted to the building official, to clarify the authority of the building official to secure buildings ordered vacated, to clarify the right to appeal orders under this code, and to clarify the City’s authority to recover costs of abatements done under this code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and as otherwise required according to the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 4.b Packet Pg. 61 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 3 of 33 – SECTION 2. Chapter 2.45 of Title 2 of the San Bernardino Municipal Code is hereby amended to state in full as follows: “ Chapter 2.45 BUILDING APPEALS BOARD Sections: 2.45.010 Members - Appointment 2.45.020 Terms of Office 2.45.030 Duties 2.45.040 Judicial Review 2.45.050 Oath of Office 2.45.060 Chair - Meetings - Absences 2.45.070 Quorum 2.45.080 Appeals 2.45.090 Hearing Procedures 2.45.010 Members - Appointment The Building Appeals Board shall consist of five members who shall serve, without compensation, at the pleasure of the City Council. No Board member may be an employee of the City or hold any other elected office while applying for or holding a membership seat on the Board. All Board members must be knowledgeable in the applicable building codes, regulations and ordinances of the City of San Bernardino, and must be qualified by experience and training to pass on matters pertaining to building construction. The City Council shall determine the timing and manner of interviewing selecting qualified applicants, which may include setting of a special meeting with public interviews with the City Council or formation of an ad hoc council sub-committee formed for that purpose. Each appointee to the Board shall be selected by a vote of the City Council. Any vacancy shall be filled and appointment shall be made in the manner herein before set forth as for an original appointment. 2.45.020 Terms of Office Each member of the Building Appeals Board shall serve a four- year term. Terms shall be staggered so that three members are appointed in 2019 for a four year term and every four years thereafter, and two members are appointed in 2019 for a two year term and every four years thereafter. The applicable term of that member of the board shall continue until a successor has been appointed. 2.45.030 Duties Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino 4.b Packet Pg. 62 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 4 of 33 – Building Official relating to the building standards of the California Building Standards Code. The Board is authorized to establish policies and procedures necessary to carry out its duties. 2.45.040 Judicial Review The Board’s decision is final and conclusive. Pursuant to Code of Civil Procedure Section 1094.5 and 1094.6, any action to review a decision of the Building and Accessibility Appeals Board shall be commenced not later than the ninetieth (90th) day after the date the Building Appeals Board’s order is adopted. 2.45.050 Oath of Office Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 2.45.060 Chair - Meetings - Absences A. The Board shall elect a chair and vice-chair from among its members, and the chair and vice- chair shall serve for a term of one year. The Board shall meet only as required to consider an appeal within its jurisdiction in the City Hall, San Bernardino, California, or such other place within the City as the Board may select. B. If a member of the Board fails to attend three consecutive noticed meetings without excuse from the chair, which excuse must be obtained as soon as possible after notice of the meeting date, he or she shall automatically cease to be a member of the Board, and the chair of the Board shall notify the former member and the City Council of the declared vacancy. C. Meetings of the Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as otherwise provided by law. D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest. 2.45.070 Quorum Any three members in attendance at any meeting shall constitute a quorum. 2.45.080 Appeals Except where this code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter. A. Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the Common Council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. 4.b Packet Pg. 63 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 5 of 33 – B. The appeal shall be filed with the Building Official no later than 15 days after receipt of notice of the decision or action appealed from. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Board and a failure to exhaust administrative remedies. 2.45.090 Hearing Procedures A. The Board shall meet upon notice from the chairperson. B. The appellant, the appellant’s representative, the Building Official, the Building Official’s representative, and any person whose interests are affected shall be given an opportunity to be heard. C. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. D. A quorum of the Board shall hear an appeal. E. The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement of the California Building Standards Code. F. The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal. The written decision must be sent to the appellant and provide that, pursuant to California Code of Civil Procedure section 1094.6, any action to review the Board’s decision must be commenced in an appropriate court of law no later than the 90th day after the date of the decision.” SECTION 3. Subdivision H of Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “8.24.100 Construction and Demolition Debris Recycling Program … H. Appeal. Any appellant aggrieved by the decision of the City Manager relating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the hearing officer in the manner provided in Chapter 9.94 of this Code. …” 4.b Packet Pg. 64 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 6 of 33 – SECTION 4. Various Sections of Chapter 8.30 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 8.30 PUBLIC NUISANCES Sections: 8.30.010 Purpose 8.30.015 Definitions 8.30.020 Declaration of nuisances 8.30.021 Summary/Emergency Abatement 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing 8.30.023 Method of giving notice 8.30.025 Determination of nuisance 8.30.026 Additional Requirements for Demolition of Buildings or Structures 8.30.030 Appeal 8.30.035 Time limit for compliance 8.30.040 Abatement by City 8.30.041 Invoice of abatement costs 8.30.042 Recovery of attorneys' fees and report of attorneys' fees 8.30.043 Treble damages 8.30.045 Hearing on nuisance abatement costs 8.30.050 Council action 8.30.055 Imposition of special assessment lien and notice 8.30.056 Recording of nuisance abatement lien 8.30.060 Collection of costs and attorney' s fees prior to hearing 8.30.065 Alternative remedies 8.30.070 Violation - Penalty … 8.30.015 Definitions For the purpose of this Chapter the following words and phrases shall have the meanings given herein: … c) “Administrative Hearing Officer” or “Hearing Officer” shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal under this Chapter.. … h) “Code Enforcement Director” shall mean the Chief of Police for the City of San Bernardino, or his or her designee. … 4.b Packet Pg. 65 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 7 of 33 – 8.30.021 Summary/Emergency Abatement Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediately cause the abatement of any public nuisance if it is determined that the nuisance presents an immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City is entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter. 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summary abatement action by the City to abate an immediate threat to public health or safety, or imminent hazard to real or personal property, the City must provide the owner and any other responsible person with a “Notice of Summary Abatement.” B. The Notice of Summary Abatement shall be served in accordance with Section 8.30.023 of this Chapter and contain the following information: 1) A brief description of the condition and reasons why it constituted an imminent threat or hazard; 2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; 3) A brief description of the actions the City took to abate the imminent threat or hazard; and 4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. C. The City’s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in Section 8.30.030. The invoice of abatement costs may be appealed as set forth in Section 8.30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the hearing officer after any appeal, the City may then proceed to collect its abatement costs in any m anner allowed by law, including as set forth in Section 8.30.055. D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. … 4.b Packet Pg. 66 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 8 of 33 – 8.30.026 Additional Requirements for Demolition of Buildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements: (1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate. (2) The City shall serve the Notice to Abate on all secured lienholders of record with the San Bernardino County Recorder’s Office; (3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30.021 of this Code. 8.30.030 Appeal A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the Notice to Abate. The City Clerk shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters. B. Notice of the date of hearing shall be given in writing. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division. C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to testify respecting the condition constituting the nuisance. D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his or her opinion, there exists good cause for the amendment of time to abate. If the City is the prevailing party, the Hearing Officer’s decision shall order the responsible parties to pay the confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. 4.b Packet Pg. 67 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 9 of 33 – 8.30.035 Time limit for compliance The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Administrative Hearing Officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance. … 8.30.041 Invoice of abatement costs A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action. B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final. … 8.30.045 Hearing on nuisance abatement costs A. Any responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the City Clerk. The request for hearing must contain the following information: (1) The requestor’s full legal name; (2) The requestor’s mailing address and telephone number; (3) The amount of nuisance abatement costs disputed; (4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs. B. The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City’s invoice and nuisance abatement costs. C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set before the Hearing Officer. The City shall provide notice of the date, time, and location of the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the hearing, the Hearing Officer shall hold an informal hearing to consider the invoice and protests or objections raised by the requestor. 4.b Packet Pg. 68 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 10 of 33 – D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the City is entitled to recover. E. The decision of the Hearing Officer shall be in writing and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. If any cost recovery is upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties. F. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time. …” SECTION 5. Various Sections of Chapter 8.36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 8.36 ABANDONED VEHICLES Sections: 8.36.010 Findings 8.36.020 Definitions 8.36.030 Applicability 8.36.040 Chapter not exclusive 8.36.050 Administration and enforcement 8.36.060 Rights of franchisee to enter private property 8.36.070 Assessment of administrative costs 8.36.080 Abatement authority 8.36.090 Ten-day notice required 8.36.100 Public hearing 8.36.110 Hearings to be held before hearing officer 8.36.120 [Reserved] 8.36.130 Removal of vehicle to scrapyard 8.36.140 Notice to Department of Motor Vehicles of removed vehicles 8.36.150 Assessment of charges against land 8.36.160 Violation - Penalty … 8.36.090 Ten-day notice required A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land 4.b Packet Pg. 69 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 11 of 33 – must advise that failure to comply with the notice may result in abatement by the City, and costs being assessed against the property. All notices must advise that an aggrieved party may appeal and describe the procedures for filing an appeal. 8.36.100 Public hearing A. The owner of the vehicle or owner of the land that is the subject of a ten-day notice issued under this Chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94 of this Code. B. The appeal must be filed within 10 days following issuance of the ten-day notice. If such a request for hearing is not received by the City within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 8.36.110 Hearings to be held before hearing officer A. The hearing officer may impose such conditions and take such other action as the hearing officer deems appropriate under the circumstances to carry out the purpose of this Chapter. The hearing officer may delay the time for removal of the vehicle or part thereof if, in the hearing officer’s opinion, the circumstances justify it. At the conclusion of the public hearing, the hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site. B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner. C. The decision of the hearing officer in an appeal under Chapter 9.94 of this Code is final. 8.36.120 [Reserved] …” SECTION 6. Various Sections of Chapter 9.92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 9.92 ADMINISTRATIVE CITATION PROCESS Sections: 9.92.010 Legislative Findings and Statement of Purpose 4.b Packet Pg. 70 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 12 of 33 – 9.92.020 Administrative Law Officer 9.92.030 Use of Administrative Citation 9.92.040 Violation; Authority; Fines 9.92.050 Service Procedures 9.92.060 Contents of Citation 9.92.070 Satisfaction of the Administrative Citation 9.92.080 Request for Hearing on an Administrative Citation 9.92.090 Failure to Pay Fines 9.92.100 Publication and Availability of Rules and Regulations 9.92.110 Representation at Hearings 9.92.120 Conduct of Hearings 9.92.130 Orders 9.92.140 Disposition of Fines 9.92.150 Punishment of Violations by Imprisonment 9.92.160 Administrative Adjudication Procedures Not Exclusive 9.92.170 Applicability of Administrative Adjudication Procedures 9.92.180 Right to Judicial Review 9.92.190 Severability … 9.92.090 Failure to Pay Fines A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges. B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculated on a prorated monthly basis from the date such obligation becomes delinquent to the date it is paid. C. The City may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties. D. The City also may recover all costs, expenses, and fees, including attorneys’ fees, associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with the provisions of this Code. … 9.92.170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer as provided in this article. B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspension or revocation, 4.b Packet Pg. 71 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 13 of 33 – which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article. 9.92.180 Right to Judicial Review Any decision of the Administrative Law Officer is final, subject to judicial review. Within 20 days after service of the decision of the Administrative Law Officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069.4. The appealing party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer’s decision is deemed confirmed.” …” SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows: “ Chapter 9.94 ADMINISTRATIVE HEARINGS AND APPEALS Sections: 9.94.010 Definitions 9.94.020 Purpose and Intent 9.94.030 Scope 9.94.040 Hearing Officer—Selection and Qualifications 9.94.050 Powers and Duties of Hearing Officer 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal 9.94.070 Administrative Hearings—Notice Procedures 9.94.080 Administrative Hearings—Conduct of Hearing 9.94.090 Decision of the Hearing Officer 9.94.100 Methods of Service 9.94.110 Costs 9.94.120 Judicial Review 9.94.130 Limitation on Jurisdiction 9.94.140 Severability 9.94.010 Definitions The following definitions apply in the interpretation and enforcement of this Chapter. A. “Action” means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code. B. “Administrative agency” means an organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or 4.b Packet Pg. 72 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 14 of 33 – enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city. C. “Administrative officer” means an officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer. D. “Aggrieved person” means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from. E. “Appellant” means any aggrieved person who files an appeal. F. “Code” means the San Bernardino Municipal Code. G. “Hearing officer” means any person duly qualified and authorized by this Chapter to hear and review appeals under this Chapter. H. “Respondent” means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. 9.94.020 Purpose It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals. 9.94.030 Scope The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this Chapter is granted in this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City. 9.94.040 Hearing Officer—Selection and Qualifications A. The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. B. For purposes of this section, “qualified person” includes an individual with a background in the practice of law or with a background in local governance, that is particularly 4.b Packet Pg. 73 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 15 of 33 – experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager. 9.94.050 Powers and Duties of Hearing Officer A. As provided by Section 9.94.030, the hearing officer hears all appeals in accordance with the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder. B. The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this Chapter, including: (1) Hold conferences for settlement or simplification of the issues; (2) Administer oaths and affirmations; (3) Hear testimony; (4) Rule upon motions, objections, and the admissibility of evidence; (5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; (6) Regulate the course of the hearing in accordance with this Chapter or other applicable law; and (7) Issue a final order which includes findings of fact and conclusions of law. C. The hearing officer may request information, services, facilities, or any other assistance for the purpose of furthering the objectives of this Chapter. D. At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons. E. The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings. 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter. A. Any aggrieved person may contest an action taken by an administrative officer of the City, as provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council. 4.b Packet Pg. 74 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 16 of 33 – B. The notice required by Subsection (A) must be filed no later than 15 days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal. C. A written notice of appeal must contain the following information: (1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action; (2) A description of the specific action or decision being appealed, including the date of the action; (3) The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and (4) The signature of an appellant. D. If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies. 9.94.070 Administrative Hearings—Notice Procedures Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter: A. No hearing before a hearing officer under this Chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in Section 9.94.060. B. The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. C. The City Clerk must provide a copy of the appeal to the respondent within five days after filing. D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, and location of the hearing at least 15 days before the date of the hearing. E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in Subsection (D) of this Section. 4.b Packet Pg. 75 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 17 of 33 – F. The notice of hearing may be served by any of the methods of service listed in Section 9.94.100 of this Chapter. G. Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the “respondent.” 9.94.080 Administrative Hearings—Conduct of Hearing A. Participation. The hearing officer must be present at all times to preside over the hearing. All hearings are open to the public. The respondent, or another City representative, is required to participate in the hearing. The appellant is required to participate in the hearing. B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. C. Cross-Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross-examine witnesses. D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording. E. Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued, and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council. F. Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence. G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. 4.b Packet Pg. 76 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 18 of 33 – H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing as required by this Chapter has been provided. In such instances, the action is final and binding. 9.94.090 Decision of the Hearing Officer A. The hearing officer must render his or her decision in accordance with the provisions of this Chapter, applicable law, and all ordinances of this City. B. The hearing officer’s decision must be in writing and must set forth the hearing officer’s findings of fact and conclusions of law. C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer. D. The hearing officer’s decision must be served on all parties in accordance with Section 9.94.100. Failure of a person to receive a properly-served decision does not affect the finality or effectiveness of the decision. E. The hearing officer’s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer’s decision is effective on the date of service of the decision. The decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” 9.94.100 Methods of Service A. Except where this Code prescribes another procedure, any notice or document required to be served under this Chapter must be served by personal service or first-class mail. B. Service is deemed effective on the date it is personally delivered or mailed. C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter. 9.94.110 Costs Nothing herein limits the City’s ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The City shall keep an accounting of the hearing costs. If any portion of the action is upheld, even in part, the City is the prevailing party. 4.b Packet Pg. 77 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 19 of 33 – 9.94.120 Judicial Review The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer’s decision becomes final as provided in this Chapter, the appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer’s decision are waived. 9.94.130 Limitation on Jurisdiction The hearing officer shall not consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board pursuant to Section 2.45.030 of this Code. 9.94.140 Severability The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect.” SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ Chapter 15.04 BUILDING CODES Sections: 15.04.010 Citation 15.04.020 Adoption of Codes by Reference 15.04.030 Applicability 15.04.040 Definitions 15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work 15.04.060 CBC Chapter 1, Section 112.1.1 is added- Board of Appeals Designated 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended Fences Not Requiring a Building Permit 15.04.080 [Reserved] 15.04.090 CBC Section 2204.1.1 is added- Qualification of Welding Operators. 15.04.100 CBC Section 3109.1.1 is added- Barriers for Swimming Pools 15.04.110 CBC Appendix J, Section J101 .3 is added - Alquist-Priolo Earthquake Fault Zones 15.04.120 CBC Appendix J, Section J101 .4 is added - Enforcement Authority 4.b Packet Pg. 78 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 20 of 33 – 15.04.130 On-site Improvement Permit 15.04.140 Preparation of Grading Plans 15.04.150 On-Site Improvement Plans and Specifications 15.04.160 Information on On-Site Improvement Plans 15.04.170 On-site Improvement Plan Review and Permit Fees 15.04.180 Inspection of On-Site Improvements 15.04.190 Bonds Required 15.04.200 CBC Appendix J, Section J110.1 is added- Planting of Slopes 15.04.210 CBC Appendix J, Section J112 is added- Grading Operations 15.04.220 CBC Appendix J, Section J110.3 is added- Final Repots 15.04.230 Driveway Configurations 15.04.240 Location of Slopes 15.04.250 Automatic Fire Sprinkler Systems- Residential Additions 15.04.260 Stop Work Order … 15.04.020 Adoption of Codes by Reference A. Adoption of the California Building Standards Code by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted and by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception of those parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City: 1. The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating: A. California Building Code (CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code (CEC), 2016 edition; C. California Mechanical Code (CMC), 2016 edition; D. California Plumbing Code (CPC), 2016 edition; E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code (CRC), 2016 edition; G. California Energy Code, 2016 edition; H. California Historical Building Code, 2016 edition; 4.b Packet Pg. 79 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 21 of 33 – I. California Fire Code, 2016 edition; J. California Existing Building Code, 2016 edition. B. Adoption of Other Codes by Reference In addition to the California Building Standards Codes, those certain rules and regulations, as set forth in the following codes, and appendices are hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City: 1. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition; 2. International Property Maintenance Code (IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. 15.04.030 Applicability It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain any building or structure, or grade or alter any land, in the City in violation of, or without complying with the appropriate provisions of this Chapter. The California Building Standards Code shall govern and prevail in the event of any inconsistency or conflict between the building standards within the California Building Standards Code, as adopted and amended by the City, and the building standards in any other code. … 15.04.050 CBC Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work Section 105.5.1 Prima Facie Evidence of Abandoned Work Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. 15.04.060 CBC Chapter 1, Section 113.1.1 is added Board of Appeals Designated Section 113.1.1 Board of Appeals Designated 1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the building standards of this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals 4.b Packet Pg. 80 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 22 of 33 – Board has such duties as are delegated to it by the California Building Standards Code and Chapter 2.45 of the San Bernardino Municipal Code. 15.04.070 CBC Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards. 15.04.080 [Reserved] … 15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. …” SECTION 9. Chapter 15.05 of Title 15 of the San Bernardino Municipal Code is hereby amended to state in full as follows: “ Chapter 15.05 PROPERTY MAINTENANCE CODE Sections: 15.05.010 Citation of Sections 15.05.020 Section 102.3 amended 15.05.030 Section 103.1 amended 15.05.040 Section 104.3 amended 15.05.050 Section 106.4 amended 15.05.060 Section 107.1 amended 15.05.070 Section 111 amended 15.05.080 Section 112.4 amended 15.05.090 Section 201.3 amended 15.05.100 Section 302.4 amended 15.05.110 Section 302.9 amended 15.05.120 Section 304.3 amended 15.05.130 Section 304.14 amended 4.b Packet Pg. 81 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 23 of 33 – 15.05.140 Section 304.18 amended 15.05.150 Section 307 amended 15.05.160 Section 401.3 amended 15.05.170 Section 502.5 amended 15.05.180 Section 505.1 amended 15.05.190 Section 602.2 amended 15.05.200 Section 602.3 amended 15.05.210 Section 602.4 amended 15.05.220 Section 604.2 amended 15.05.230 Section 604.3.1.1 amended 15.05.240 Section 604.3.2.1 amended 15.05.250 Section 702.1 amended 15.05.260 Section 702.2 amended 15.05.270 Section 702.3 amended 15.05.280 Section 704.1 amended 15.05.290 Section 704.2 amended 15.05.010 Citation of Sections The provisions of this chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adopted by reference by the City in Chapter 15.04 of this Code. 15.05.020 Section 102.3 amended International Property Maintenance Code Section 102.3 is amended to read as follows: 102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code." 15.05.030 Section 103.1 amended International Property Maintenance Code Section 103. 1 is amended to read as follows: 103.1 "The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code." 15.05.040 Section 104.3 amended International Property Maintenance Code Section 104.3 is amended to add the following phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." 4.b Packet Pg. 82 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 24 of 33 – 15.05.050 Section 106.4 amended International Property Maintenance Code Section 106.4 is amended to read as follows: 106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code." 15.05.060 Section 107.1 amended International Property Maintenance Code Section 107.1 is amended to read as follows: 107.1 "Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3." 15.05.070 Section 111 amended International Property Maintenance Code Section 111 and subsections are amended to read as follows: 111 "A party aggrieved by a notice or order issued under this code may appeal in the manner set forth in Chapter 9.94 of the San Bernardino Municipal Code." 15.05.080 Section 112.4 amended International Property Maintenance Code Section 112.4, Failure to comply, is amended to read as follows: 112.4 Failure to Comply "Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense." 15.05.090 Section 201.3 amended International Property Maintenance Code Section 201.3 is amended to read as follows: 201.3 Definitions. "Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing 4.b Packet Pg. 83 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 25 of 33 – Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes." 15.05.100 Section 302.4 amended International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows: 302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances." 15.05.110 Section 302.9 amended International Property Maintenance Code Section 302.9, defacement of property, is deleted. 15.05.120 Section 304.3 amended International Property Maintenance Code Section 304.3 is amended to read as follows: 304.3 Premises Identification "Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126." 15.05.130 Section 304.14 amended International Property Maintenance Code Section 304.14 is deleted. 15.05.140 Section 304.18 amended International Property Maintenance Code Section 304.18 is deleted. 15.05.150 Section 307 amended International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows: 307 Handrails and Guardrails "Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition." 15.05.160 Section 401.3 amended International Property Maintenance Code Section 401. 3 is amended to read as follows: 401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the California Building Code or California Residential Code shall be permitted." 4.b Packet Pg. 84 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 26 of 33 – 15.05.170 Section 502.5 amended International Property Maintenance Code Section 502.5, Public toilet facilities, is amended to read as follows: 502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises." 15.05.180 Section 505.1 amended International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows: 505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code." 15.05.190 Section 602.2 amended International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows: 602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently-installed heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms." 15.05.200 Section 602.3 amended International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and #2 are deleted. 15.05.210 Section 602.4 amended International Property Maintenance Code Section 602.4, Occupiable work spaces, is deleted. 15.05.220 Section 604.2 amended International Property Maintenance Code Section 604.2, Service, is amended to read as follows: 604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical 4.b Packet Pg. 85 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 27 of 33 – Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase electrical service having a rating of not less than 60 amperes." 15.05.230 Section 604.3.1.1 amended International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows: 604.3.1.1 Electrical Equipment "Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted." 15.05.240 Section 604.3.2.1 amended International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows: 604.3.2.1 Electrical Equipment "Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code." The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted. 15.05.250 Section 702.1 amended International Property Maintenance Code Section 702.1, General, is amended to read as follows: 702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive." 15.05.260 Section 702.2 amended International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows: 702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed." 4.b Packet Pg. 86 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 28 of 33 – 15.05.270 Section 702.3 amended International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows: 702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive." 15.05.280 Section 704.1 amended International Property Maintenance Code Section 704.1, General, is amended to read as follows: 704.1 Fire Protection Systems "General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code." 15.05.290 Section 704.2 amended International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows: 704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive."” SECTION 10. Section 15.20.090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “… 15.20.090 Hearings Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standards of the California Building Standards Code. …” SECTION 11. Various Sections of Chapter 15.28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows (omitted provisions not amended represented by ellipses […]): “ 4.b Packet Pg. 87 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 29 of 33 – Chapter 15.28 DANGEROUS BUILDINGS Sections: 15.28.010 Referenced Code 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended 15.28.030 [Reserved] 15.28.040 [Reserved] 15.28.050 [Reserved] 15.28.060 [Reserved] 15.28.070 [Reserved] 15.28.080 [Reserved] 15.28.090 [Reserved] 15.28.100 [Reserved] 15.28.110 [Reserved] 15.28.120 [Reserved] 15.28.130 [Reserved] 15.28.140 Securing dangerous buildings from entry 15.28.150 Recovery of costs of abatement of nuisance 15.28.160 Discontinuance of utilities 15.28.170 Filing of notice of pendency of administrative proceedings 15.28.180 [Reserved] 15.28.190 Post-disaster Safety Assessment Placards 15.28.200 Section 103 amended 15.28.210 Section 205 amended 15.28.220 Section 301 amended … 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted. Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcement of any notice and order of the building official is stayed during the pendency of an appeal therefrom that is properly and timely filed. … 15.28.140 Securing dangerous buildings from entry A. The building official is authorized to secure from entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that 4.b Packet Pg. 88 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 30 of 33 – securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion. B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code. C. The building official’s decision to secure a structure may be appealed in the same manner as the issuance of the underling notice to vacate and as provided in Section 15.28.020. 15.28.150 Recovery of costs of abatement of nuisance Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8.30 of the San Bernardino Municipal Code. … 15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time. … 15.28.200 Section 103 amended Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: "All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Building Standards Code promulgated by the California Building Standards Commission in Title 24 of the California Code of Regulations, as adopted and amended by the City of San Bernardino." 4.b Packet Pg. 89 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 31 of 33 – 15.28.210 Section 205 amended Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section. 15.28.220 Section 205 amended Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows: "For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code."” SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision-makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment. SECTION 13. Severability. If any provision of this Ordinance 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 Ordinance are declared to be severable. SECTION 14. The City Council finds this Ordinance 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 15. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 20 . 4.b Packet Pg. 90 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 32 of 33 – John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 4.b Packet Pg. 91 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Ordinance No. MC-1521 – 33 of 33 – CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1521, introduced by the Mayor and City Council of the City of San Bernardino, California, at a regular meeting held the day of , 20 . Ordinance No. MC-1521 was approved, passed and adopted at a regular meeting held the day of , 20 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this day of ____________, 20 . ______________________________ Georgeann Hanna, MMC, City Clerk 4.b Packet Pg. 92 Attachment: CAO.San Bernardino Hearing and Appeal Ordinance.02 (6225 : Ordinance No. MC-1521 Related to Various Code Enforcement Redline of Entirety of Chapter 2.45 Chapter 2.45 BUILDING AND ACCESSIBLITY APPEALS BOARD Sections: 2.45.010 Members - Appointment 2.45.020 Terms of Office 2.45.030 Duties 2.45.040 Judicial Review 2.45.050 Oath of Office 2.45.060 Chair-Meetings-Absences Chair - Meetings - Absences 2.45.070 Quorum 2.45.080 Appeals 2.45.090 Hearing Procedures 2.45.010 Members - Appointment The Building and Accessibility Appeals Board shall consist of five members who shall serve, without compensation, at the pleasure of the Mayor and City Council. Applicants for membership on the Board and all Board members shall be residents of the City of San Bernardino and no No Board member shallmay be an employee of the City or hold any other elected office while applying for or holding a membership seat on the Board. TheAll Board shall include at least two (2) physically disabled members, two (2) members experienced in members must be knowledgeable in the applicable building co des, regulations and ordinances of the City of San Bernardino, and must be qualified by experience and training to pass on matters pertaining to building construction, and one (1) member of the general public. The Mayor. The City Council shall determine the timing and manner of interviewing selecting qualified applicants, which may include setting of a special meeting with public interviews with the Mayor,City Council or formation of an ad hoc council sub-committee formed for that purpose, or setting of a special meeting with public interviews of those selected for interview. Each appointee to the Board shall be selected by a vote of the Mayor and entire City Council. Members shall serve, without compensation, at the p leasure of the Mayor and City Council. Any member no longer holding the qualifications required for appointment shall cease to serve as a member, and such member's position shall be deemed vacant . Any vacancy shall be filled and appointment shall be made in the manner herein befo re set forth as for an original appointment. 2.45.020 Terms of Office Each member of the Building & Accessibility Appeals Board shall serve a four four- year term. Terms shall be staggered so that three members are appointed in 20182019 for a four year term and every four years thereafter, and two members are appointed in 20182019 for a two year term and every four years thereafter. The applicable term of that member of the board shall continue until a successor has been appointed. 4.c Packet Pg. 93 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 2.45.030 Duties Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code. The Board is authorized to establish policies and procedures necessary to carry out its duties. The Board shall have the duty to consider appeals pursuant to Chapter 15.28 adopted by the City, and any amendments thereto, the duties prescribed in Section 19957.5 of the California Health and Safety Code, and appeals of Building Code determinations by the City of San Bernardino Building Official, pursuant to Section 113 of the California Building Code and its decisions shall be final. 2.45.040 Judicial Review The Board’s decision is final and conclusive. Pursuant to Code of Civil Procedure Section l094.51094.5 and 1094.6, any action to review a decision of the Building and Accessibility Appeals Board shall be commenced not later than the ninetieth (90th) day after the date the Building and Accessibility Appeals Board’s order is adopted. 2.45.050 Oath of Office Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 2.45.060 Chair - Meetings - Absences A. A. The Board shall elect a chair and vice-chair from among its members, and the chair and vice-chair shall serve for a term of one year. The Board shall meet only as required to consider an appeal within its jurisdict ion in the City Hall, San Bernardino, California, or such other place within the City as the Board may select. B. B If a member of the Board fails to attend three consecutive noticed meetings without excuse from the chair, which excuse must be obtained as soon as possible after notice of the meeting date, he or she shall automat ically cease to be a member of the Board, and the chair of the Board shall notify the former member and the MayorCity Council of the declared vacancy. C. C Meetings of the Board shall be open to the public and shall be governed by the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as otherwise provided by law. D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest. 2.45.070 Quorum Any three members in attendance at any meeting shall constitute a quorum. 4.c Packet Pg. 94 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 2.45.080 Appeals Except where this code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter. A. Appeals shall be in writing, state the grounds for the appeal, and be accompanied by a fee in the amount set by resolution of the Common Council. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. B. The appeal shall be filed with the Building Official no later than 15 days after receipt of notice of the decision or action appealed from. Failure to timely request an appeal constitutes a waiver of the right to a hearing before the Board and a failure to exhaust administrative remedies. 2.45.090 Hearing Procedures A. The Board shall meet upon notice from the chairperson. B. The appellant, the appellant’s representative, the Building Official, the Building Official’s representative, and any person whose interests are affected shall be given an opportunity to be heard. C. The Board shall adopt and make available to the public procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. D. A quorum of the Board shall hear an appeal. E. The Board may modify or reverse the decision of the Building Official by a concurring vote of a majority of its members. The authority of the Board to render a decision is limited to the scope of authority of the Building Official in the first instance. The Board has no authority to waive a requirement of the California Building Standards Code. The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal. The written decision mu st be sent to the appellant and provide that, pursuant to California Code of Civil Procedure section 1094.6, any action to review the Board’s decision must be commenced in an appropriate court of law no later than the 90th day after the date of the decision. 4.c Packet Pg. 95 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Affected Portion of Section 8.24.100 H. Appeal. Any personappellant aggrieved by athe decision of the City Manager made pursuant to this Chapterrelating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appeal the decision to the Board of Building Commissioners (as established in Chapter 2.45). The appeal shall be filed with the City Clerk within ten (10) days following the date of the written decision of the City Manager and shall include the payment of all applicable fees. The appeal shall be in writing and set forth (1) the specific action appealed from, (2) the specific grounds for the appeal, and (3) the relief or actio n sought from the Board of Building Commissioners. In the event any notice of appeal fails to set forth all information required in this Chapter, the City Clerk shall return the same to appellant with a statement that if it is deficient, the appellant shall be allowed ten (10) days after the City Clerk mails the appeal application in which to re-file the appeal. The decision of the Board of Building Commissioners shall be final and conclusive and shall not be subject to appeal to the Mayor and Common Council. Pursuant to Code of Civil Procedure Sectio n 1094.6, any action to review the decision of the Board of Building Commissioners shall be commenced not later than the ninetieth (90) day after the date the Board's order is adopted.hearing officer in the manner provided in Chapter 9.94 of this Code. 4.c Packet Pg. 96 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Affected Portions of Chapter 8.30 Chapter 8.30 PUBLIC NUISANCES Sections: 8.30.010 Purpose 8.30.015 Definitions 8.30.020 Declaration of nuisances 8.30.021 Summary/Emergency Abatement 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing 8.30.023 Method of giving notice 8.30.025 Determination of nuisance 8.30.026 Additional Requirements for Demolition of Buildings or Structures 8.30.030 Appeal 8.30.035 Time limit for compliance 8.30.040 Abatement by City 8.30.041 ReportInvoice of abatement costs 8.30.042 Recovery of attorneys' fees and report of attorneys' fees 8.30.043 Treble damages 8.30.045 Protest ofHearing on nuisance abatement costs 8.30.050 Council action 8.30.055 Imposition of special assessment lien and notice 8.30.056 Recording of nuisance abatement lien 8.30.060 Collection of costs and attorney' s fees prior to hearing 8.30.065 Alternative remedies 8.30.070 Violation - Penalty … 8.30.015 Definitions For the purpose of this Chapter the following words and phrases shall have the meanings given herein: … c) “Administrative Hearing Officer” or “Hearing Officer” shall mean any individual appointed by the City Manager of the City of San Bernardino, or his/her designee, to hear the appeal on a determination of the existence of a nuisanceunder this Chapter. … h) “Code Enforcement Director” shall mean the Community Development Director or the Chief of Police for the City of San Bernardino , or his or her designee. … 4.c Packet Pg. 97 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 8.30.021 Summary/Emergency Abatement Notwithstanding any other provision of this Chapter with reference to the abatement of public nuisance. In cases of manifest public danger and/ or immediate necessity, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have t he authority to immediately call a contractor to abatecause the abatement of any public nuisance, which if it is determined that the nuisance presents an immediate threat to public health or safety, at the sole discretion of the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designeesor an imminent hazard to real or personal property, in their sole discretion. Any such abatement activity may be conducted without observance of any notice requirements described in this chapter. The City mayis entitled to recover all abatement costs incurred in the abatement of an imminent threat or hazard as set forth in this chapter. 8.30.022 Summary/Emergency Abatement Post-Abatement Hearing A. A. Within ten (10) calendar days of business days, or as soon as reasonably possible under the circumstances, following any summary abatement action where the Building Official or the Code Enforcement Director, or their designees, have caused any public nuisance, which presentsby the City to abate an immediate threat to public health or safety, to be abated in accordance with section 8.30.021 of this chapter, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, respo nsible for initiating the summary abatement proceedings shallor imminent hazard to real or personal property, the City must provide the owner of the property that was summarily abated with a no tice of postabatement hearing to contest the validity of the summary abatement.and any other responsible person with a “Notice of Summary Abatement.” B. B. Such noticeThe Notice of Summary Abatement shall be givenserved in accordance with sectionSection 8.30.023 of this chapterChapter and contain the following information.: 1) A brief description of the condition and reasons why it constituted an imminent threat or hazard; 2) A brief description of the law prohibiting or pertaining to the imminent threat or hazard; 1) That a hearing has been scheduled within thirty (30) days of the notice provided under 8.30.022(A), before the Administrative Hearing Officer; 3) A brief description of the actions the City took to abate the imminent threat or hazard; and 2) That emergency action was taken with regard to the property; 4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. 4.c Packet Pg. 98 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 3) The reason why the Building Official or the Code Enforcement Director, or their designee made the decision to initiate summary abatement proceedings at the property. C. The City’s determination that a public nuisance constituted an imminent threat or hazard may be appealed as set forth in Section 8.30.030. The invoice of abatement costs may be appealed as set forth in Section 8.30.045. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuance of the Notice of Summary Abatement or as ordered by the hearing officer after any appeal, the City may then proceed to collect its abatement cost s in any manner allowed by law, including as set forth in Section 8.30.055. D. Omission of any of the foregoing provisions in a Notice of Summary Abatement, whether in whole or in part, or the failure of an o wner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid. C. At the hearing, the Administrative Hearing Officer shall consider all relevant evidence, including, but not limited to, applicable staff reports. The Administrative Hearing Officer shall give any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence presented, the Administrative Hearing Officer shall determine whether the emergency action was warranted. The hearing shall not be conducted according to the formal rules of evidence or procedure. D. The expense of abatement shall be itemized and, aft er a hearing, notice of which is given in substantial compliance with section 8.30.023, relating to the emergency nature of the abatement and the expenses incurred, shall constitute a special assessment and lien against the abated parcel as set forth in Sections 8.30.041, 8.30.042, 8.30.043, 8.30.045, 8.30.050, 8.30.055, 8.30.056, 8.30.060 and 8.30.065. E. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094.6 or such section as may be amended from time to time. … 8.30.026 Additional Requirements for Demolition of Buildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abate a public nuisance by demolition of a building or structure, the City must comply with the following additional requirements: (1) The Notice to Abate must contain a statement that t he City intends to abate the nuisance with City personnel or contractors by demolition of a building or structure if the nuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abat e. (2) The City shall serve the Notice to Abate on all secured lienholders of record with the San Bernardino County Recorder’s Office; 4.c Packet Pg. 99 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to (3) Entry onto any real property to abate a public nuisance by demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30.021 of this Code. 8.30.030 Appeal A. A. Within ten days from the date of giving notice to abate, the violator may file an appeal to the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subject to the Notice of Violation. The Code Enforcement Directorto Abate. The City Clerk shall then cause the matter to be set for hearing before a Hearing Officer contracted by the City to hear such matters. B. B. Notice of the date of hearing shall be given in wr iting. The date of the hearing shall be no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement DirectorDivision. C. C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competent persons desiring to test ify respecting the condition constituting the nuisance. D. D. At the conclusion of the hearing, the Hearing Officer shall determine whether or not a nuisance exists, and if the Hearing Officer so concludes, he may declare the conditions existing to be a nuisance and direct the person owning the property upon which the nuisance exists to abate it within ten days after the date of posting on the premises a notice of the Hearing Officer's order. The Hearing Officer may amend time to abate the nuisance, if in his or her opinion, there exists good cause for the amendment of time to abate. If the City is the prevailing party, the Hearing Officer’s decision shall order t he responsible parties to pay the confirmed nuisance abatement costs to the City within 30 calendar days, and shall specify that any confirmed nuisance abatement costs not paid within 30 calendar days shall become a lien and special assessment against the property. E. E. The decision of the Hearing Officer on the determination of nuisance is final. Any appeal of the Hearing Officer's decision shall be g overned by California Code of Civil Procedure Section 1094. 61094.6 or such section as may be amended from time to time. 8.30.035 Time limit for compliance The violator must abate the nuisance within the per iod of time set forth in the Notice of Violationto Abate, or, in case of an appeal, within ten days from the finding of the Hearing Officer or such longer period as may be determined by the Administrative Hearing Officer. Unless an emergency situation exists, the violator shall be given at least ten days to abate the nuisance. … 8.30.041 Report Invoice of abatement costs A. The Code Enforcement Director shall thereafter cause a report of the action and an accurate account of the costs to be filed with the City Clerk of the City of San Bernardino.In 4.c Packet Pg. 100 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action. B. Any party to whom an invoice has been issued shall have 45 calendar days from the date of the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City as specified in the invoice. The invoice shall further indicate that any unpaid amounts may become a lien and special assessment against the property. BC. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.30.045. If the cost is not protested within ten15 calendar days after service, it shall be deemed final. … 8.30.045 Protest of Hearing on nuisance abatement costs A. A. The property owner mayAny responsible party or interested party to whom an invoice has been issued may, within 15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a written request for a hearing on the abatement costs with the Code Enforcement Director, and the Code Enforcement DirectorCity Clerk. The request for hearing must contain the following info rmation: (1) The requestor’s full legal name; (2) The requestor’s mailing address and telephone number; (3) The amount of nuisance abatement costs disputed; (4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs. B. The failure of any party to properly and timely request a hearing is a waiver of the right to contest the invoice, a waiver of the right to a hearing, a failure to exhaust administrative remedies, and a bar to any further challenge to the City’s invoice and nuisance abatement costs. C. If a hearing is timely and properly requested, the City Clerk shall cause a Hearing to be set before the Administrative Hearing Officer. The City shall provide notice of the date, time, and location of the hearing to all parties at least 10 calendar days before the hearing. At the time fixed for the hearing on the statement of abatement costs, the Administrative Hearing Officer shall hold an informal hearing to consider the statement invoice and protests or objections raised by the person liable to be assessed for the cost of the abatement requestor. D. At the conclusion of the hearing, or within 5 days thereafter, the Hearing Officer shall issue a decision approving, denying, or modifying the amount of the nuisance abatement costs that the City is entitled to recover. B. The Hearing Officer may revise, correct or modify t he statement as the Hearing Officer considers just and thereafter shall confirm the cost. E. C. The decision of the Hearing Officer shall be in wr iting and shall be served by mail. The decision of the Hearing Officer on the abatement costs shall be final. If any cost 4.c Packet Pg. 101 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to recovery is upheld, even in part, the City shall be the prevailing party. If cost recovery is entirely denied, the requesting parties shall be the prevailing parties. F. D. Any appeal of the Hearing Officer's decision shall be governed by California Code of Civil Procedure Section 1094. 6 or such section as may be amended from time to time. … 4.c Packet Pg. 102 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Affected Portions of Chapter 8.36 Chapter 8.36 ABANDONED VEHICLES Sections: 8.36.010 Findings 8.36.020 Definitions 8.36.030 Applicability 8.36.040 Chapter not exclusive 8.36.050 Administration and enforcement 8.36.060 Rights of franchisee to enter private property 8.36.070 Assessment of administrative costs 8.36.080 Abatement authority 8.36.090 Ten-day notice required 8.36.100 Public hearing 8.36.110 Hearings to be held before City Administratorhearing officer 8.36.120 Appeal[Reserved] 8.36.130 Removal of vehicle to scrapyard 8.36.140 Notice to Department of Motor Vehicles of removed vehicles 8.36.150 Assessment of charges against land 8.36.160 Violation - Penalty … 8.36.090 Ten-day notice required A ten-day notice of intention to abate and remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. All notices must identify the vehicle. Notices mailed to the owner of land must advise that failure to comply with the notice may result in abatement by the City, and costs being assessed against the property. All notices mu st advise that an aggrieved party may appeal and describe the procedures for filing an appeal. "NOTICE OF INTENTION TO ABATE AND REMOVE AN ABANDONED, WRECKED, DISMANTLED, OR INOPERATIVE VEHICLE(S) OR PART(S) THEREOF AS A PUBLIC NUISANCE" (Name and address of last registered and/or legal o wner of record of vehicle - notice should be given to both if different) "As last registered (and/or legal) owner of record of (description of vehicle - make, model, license, etc.), you are hereby notified that the undersigned, pursuant to San Bernardino Municipal Code Section 8.36.080 has determined that said vehicle (or parts of a vehicle) exists 4.c Packet Pg. 103 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to as an abandoned, wrecked, dismantled or inoperative vehicle at (describe location on public or private property) and constitutes a public nuisance pursuant to the provisions of San Bernardino Municipal Code Chapter 8.36. You are hereby notified to abate said nuisance by t he removal of said vehicle (or said parts of a vehicle) within 10 days from the date of mailing of this notice. "As registered (and/or legal) owner of record of said vehicle (or said parts of a vehicle), you are hereby notified that you may, within 10 days after the mailing of this notice of intention, request a public hearing and if such a request is not received by the City Administrator of the City of San Bernardino within such 10-day period, t he Superintendent of Public Buildings, or his representative, shall have authority to cause the abatement and removal of said vehicle (or said parts of a vehicle) without a hearing. Notice Mailed_____________________/s/__________________________" (Date) (Designated Officer) 8.36.100 Public hearing A. Upon request by theThe owner of the vehicle or owner of the land received by the Director of Code Compliance, within 10 days after the mailing o f the notices of intention to abate and remove, a public hearing shall be held by the Hearing Officer, on the question of abatement and removal or the vehicle or parts thereof as an abandoned, wrecked, dismantled or inoperative vehicle and the assessment of the administrative costs and the cost or removal of the vehicle or parts thereof against the property on which it is located.that is the subject of a ten-day notice issued under this Chapter may appeal the notice to a hearing officer in the manner provided in Chapter 9.94 of this Code. B. If the owner of the land submits a sworn written st atement denying responsibility for the presence of the vehicle on his land within such ten-day period, said statement shall be construed as a request for hearing which does not require his presence. Notice of the hearing shall be mailed, by registered mail, at least ten d ays before the hearing to the owner of the land and to the owner of the vehicle unless the vehicle is in such condition that identification numbers are not available to determine ownershipThe appeal must be filed within 10 days following issuance of the ten-day notice. If such a request for hearing is not received by the City within said ten days after mailing of the notice of intention to abate and remove, the City shall have the authority to abate and remove the vehicle or parts thereof as a public nuisance without holding a public hearing. 8.36.110 Hearings to be held before City Administratorhearing officer A. All hearings under this Chapter shall be held before the City Administrator or his representative, who shall hear all facts and testimony he deems pertinent. Said facts and testimony may include testimony on the condition of the vehicle or part thereof and the circumstances concerning its location on the privat e property or public property. The City Administrator shall not be limited by the technical rules of evidence. The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reaso ns for such denial. BA. The City Administrator or his representative,hearing officer may impose such conditions and take such other action as hethe hearing officer deems appropriate under the 4.c Packet Pg. 104 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to circumstances to carry out the purpose of this Chapter. HeThe hearing officer may delay the time for removal of the vehicle or part thereof if, in histhe hearing officer’s opinion, the circumstances justify it , at . At the conclusion of the public hearing, hethe hearing officer may find that a vehicle or part thereof has been abandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removed from the property as a public nuisance and disposed of as hereinafter provided, and may determine the administrative costs and the cost of removal to be charged against the owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site. CB. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, the City Administrator or his representative,hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such land owner landowner. D. If the owner of the land submits a sworn written statement denying responsibility for the presence of the vehicle on his land but does not appear, or if an interested party makes a written presentation to the City Administrator but does not appear, he shall be notified in writing of his decision. 8.36.120 Appeal Any interested party may appeal theC. The decision of the Hearing Officer, to the Board of Building Commissioners. All requests for appeal of the hearing order shall include a fee as established by resolution. If the Board of Building Commissioners find the appeal to be valid, the appeal fee shall be reimbursed to the appellant.hearing officer in an appeal under Chapter 9.94 of this Code is final. 8.36.120 [Reserved] … 4.c Packet Pg. 105 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Affected Portions of Chapter 9.92 Chapter 9.92 ADMINISTRATIVE CITATION PROCESS Sections: 9.92.010 Legislative Findings and Statement of Purpose 9.92.020 Administrative Law Officer 9.92.030 Use of Administrative Citation 9.92.040 Violation; Authority; Fines 9.92.050 Service Procedures 9.92.060 Contents of Citation 9.92.070 Satisfaction of the Administrative Citation 9.92.080 Request for Hearing on an Administrative Citation 9.92.090 Failure to Pay Fines 9.92.100 Publication and Availability of Rules and Regulations 9.92.110 Representation at Hearings 9.92.120 Conduct of Hearings 9.92.130 Orders 9.92.140 Disposition of Fines 9.92.150 Punishment of Violations by Imprisonment 9.92.160 Administrative Adjudication Procedures Not Exclusive 9.92.170 Applicability of Administrative Adjudication Procedures 9.92.180 AppealsRight to Judicial Review 9.92.190 Severability … 9.92.090 Failure to Pay Fines A. Any person who fails to pay to the City any fine imposed pursuant to the provisions of this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges. B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculated on a prorated monthly basis from the dat e such obligation becomes delinquent to the date it is paid. C. The City may collect any delinquent administrative citation fines or interest charges by use of all available legal means, including personal collection from the responsible parties. Failure of any person to pay a fine assessed by the administrative citation within the time specified on the citation, or designated by the Administrative Law Officer as a result of a hearing, shall result in the recording of a lien on the property that is the subject of the citation in the amount of said fine. 4.c Packet Pg. 106 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to D. The City also may recover all costs, expenses, and fees, including attorneys’ fees, associated with the assessment, enforcement, processing, and collection of the fines associated with the administrative citation in accordance with the provisions of this Code. … 9.92.170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions of this Code or ordinances, except for those specified in subsection (c) of this section, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer as provided in this article. B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspension or revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article. 9.92.180 AppealsRight to Judicial Review Any decision of the Administrative Law Officer is final, subject to judicial review. Within 20 days after service of the decision of the Administrative Law Officer upon the party to the administrative adjudication hearing, that person may seek judicial review of the decision by filing an appeal with the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069.4. The appealing party must serve upon the City Clerk, either in person or by first-class mail, a copy of the notice of appeal. If the appealing party fails to timely file a notice of appeal, the hearing officer’s decision is deemed confirmed. … A. Any party to an administrative adjudication hearing may appeal from an adverse ruling to the Board of Building Commissioners. 1. The appeal shall be filed with the City Clerk within ten (10) days following the date of the written decision of the Administrative Law Officer and shall include the payment of all applicable appeal fees. The appeal shall be in writing and set forth 4.c Packet Pg. 107 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to New Chapter 9.94 Chapter 9.94 ADMINISTRATIVE HEARINGS AND APPEALS Sections: 9.94.010 Definitions 9.94.020 Purpose and Intent 9.94.030 Scope 9.94.040 Hearing Officer—Selection and Qualifications 9.94.050 Powers and Duties of Hearing Officer 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal 9.94.070 Administrative Hearings—Notice Procedures 9.94.080 Administrative Hearings—Conduct of Hearing 9.94.090 Decision of the Hearing Officer 9.94.100 Methods of Service 9.94.110 Costs 9.94.120 Judicial Review 9.94.130 Limitation on Jurisdiction 9.94.140 Severability 9.94.010 Definitions The following definitions apply in the interpretation and enforcement of this Chapter. A.“Action” means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code. B.“Administrative agency” means an organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcing the rules, regulations, and ordinances of the city, but not including boards and commissions of the city. C.“Administrative officer” means an officer of the city who is not a member of the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer. D.“Aggrieved person” means any person whose personal, pecuniary or property right or interest is directly and adversely affected, or upon whom a substantial burden or obligation is imposed by the action or decision appealed from. E.“Appellant” means any aggrieved person who files an appeal. F.“Code” means the San Bernardino Municipal Code. G.“Hearing officer” means any person duly qualified and authorized by this Chapter to hear and review appeals under this Chapter. 4.c Packet Pg. 108 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to H.“Respondent” means the administrative officer or agency which took the action appealed from, and any other administrative officer or agency named as respondent in an appeal. 9.94.020 Purpose It is the purpose and intent of the City Council to afford due process of law to any person who is directly affected by an action or decision of an administrative agency or officer. These procedures are also intended to establish a forum to efficiently and fairly resolve administrative appeals. 9.94.030 Scope The hearing officer hears appeals from actions taken by an administrative officer or administrative agency when a right to appeal under the provisions of this Chapter is granted in this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appeals are as stated herein. The rules and procedures pertaining to appeals under this Chapter may be supplemented or modified as stated in the chapter that grants a right to appeal under these provisions. The hearing officer has no authority to hear appeals of any action taken by the City Council or any other board or commission of the City. 9.94.040 Hearing Officer—Selection and Qualifications A.The City Manager must establish procedures for the selection of a qualified person to serve as hearing officer for each matter appealed under this Chapter. Hearing officers must be selected in a manner that avoids the potential for pecuniary or other bias. B.For purposes of this section, “qualified person” includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemed qualified by the City Manager. 9.94.050 Powers and Duties of Hearing Officer A.As provided by Section 9.94.030, the hearing officer hears all appeals in accordance with the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder. B.The hearing officer is authorized to issue decisions and take all actions necessary and proper to carry out the functions of the hearing officer in this Chapter, including: (1)Hold conferences for settlement or simplification of the issues; (2)Administer oaths and affirmations; (3)Hear testimony; (4)Rule upon motions, objections, and the admissibility of evidence; 4.c Packet Pg. 109 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to (5)Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing; (6)Regulate the course of the hearing in accordance with this Chapter or other applicable law; and (7)Issue a final order which includes findings of fact and conclusions of law. C.The hearing officer may request information, services, facilities, or any other assistance for the purpose of furthering the objectives of this Chapter. D.At the hearing, the hearing officer must hear and consider the testimony of the appellant, respondent, and their witnesses, as well as any documentary evidence presented by these persons. E.The hearing officer must ensure that parties receive a fair hearing and are afforded due process in accordance with the applicable State and federal law governing such hearings. 9.94.060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing request procedures apply to appeals under this Chapter. A.Any aggrieved person may contest an action taken by an administrative officer of the City, as provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council. B.The notice required by Subsection (A) must be filed no later than 15 days following the date of mailing to appellant of notice of the action from which the appeal is taken or, if there is no such mailing or none is required, no later than 15 days following the date of the action that is the subject of the appeal. C.A written notice of appeal must contain the following information: (1)The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action; (2)A description of the specific action or decision being appealed, including the date of the action; (3)The grounds for appeal in sufficient detail to enable the hearing officer to understand the nature of the controversy; and (4)The signature of an appellant. 4.c Packet Pg. 110 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to D.If the City Clerk does not receive a timely notice of appeal, if the notice of appeal is incomplete, or if the notice of appeal does not comply with all of the requirements set forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appeal also constitutes a failure to exhaust administrative remedies. 9.94.070 Administrative Hearings—Notice Procedures Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter: A.No hearing before a hearing officer under this Chapter may be scheduled or held unless a timely and proper notice of appeal has been submitted to the City Clerk as set forth in Section 9.94.060. B.The City Clerk must schedule the hearing no sooner than 15 days and no later than 60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to hold the hearing within this time period does not invalidate any action of the hearing officer. C.The City Clerk must provide a copy of the appeal to the respondent within five days after filing. D.The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, and location of the hearing at least 15 days before the date of the hearing. E.Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issue or invalidate any action of the hearing officer, if the notice was given in the manner stated in Subsection (D) of this Section. F.The notice of hearing may be served by any of the methods of service listed in Section 9.94.100 of this Chapter. G.Unless the notice of appeal names some other respondent, the administrative officer or administrative agency that took the action or made the decision being appealed is designated the “respondent.” 9.94.080 Administrative Hearings—Conduct of Hearing A.Participation. The hearing officer must be present at all times to preside over the hearing. All hearings are open to the public. The respondent, or another City representative, is required to participate in the hearing. The appellant is required to participate in the hearing. B.Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence may be excluded. Oral evidence may be taken only on oath or affirmation. The appellant and respondent may represent themselves or be represented by anyone of their choice. 4.c Packet Pg. 111 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to C.Cross-Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross-examine witnesses. D.Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her sole expense. The City may, at its discretion, record the hearing by stenographer, court reporter, audio recording, or video recording. E.Subpoenas. In any hearing conducted by the hearing officer, he or she has the power to compel the attendance of witnesses for the production of evidence by subpoenas issued under the authority of the City Council and attested by the City Clerk. Subpoenas may also be issued at the request of the parties prior to the commencement of such hearing. No subpoena may be issued for any reason without the concurrence of the City Attorney that there is good cause for such subpoena to be issued, and such subpoena is approved by the City Council. It is the duty of the Chief of Police to cause all such subpoenas to be served, and the refusal of a person to attend or to testify in answer to such a subpoena subjects the person to prosecution in the same manner set forth by law for failure to appear before the City Council in response to a subpoena issued by the City Council. F.Proof. The standard of proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderance of the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence. G.Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendar days without stipulation by all parties. H.Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and send a notice thereof to the appellant to the address stated on the appeal form. A cancellation of a hearing due to non-appearance of the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing as required by this Chapter has been provided. In such instances, the action is final and binding. 9.94.090 Decision of the Hearing Officer A.The hearing officer must render his or her decision in accordance with the provisions of this Chapter, applicable law, and all ordinances of this City. B.The hearing officer’s decision must be in writing and must set forth the hearing officer’s findings of fact and conclusions of law. C.The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failure of the hearing officer to render a decision within this time period does not invalidate any action of the hearing officer. 4.c Packet Pg. 112 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to D.The hearing officer’s decision must be served on all parties in accordance with Section 9.94.100. Failure of a person to receive a properly-served decision does not affect the finality or effectiveness of the decision. E.The hearing officer’s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer’s decision is effective on the date of service of the decision. The decision must contain the following statement: “The decision of the hearing officer is final and binding. Judicial review of this decision is subject to the provisions and time limits set forth in California Code of Civil Procedure section 1094.6 et seq.” 9.94.100 Methods of Service A. Except where this Code prescribes another procedure, any notice or document required to be served under this Chapter must be served by personal service or first-class mail. B. Service is deemed effective on the date it is personally delivered or mailed. C. Failure of any person to receive a document properly served under this Chapter does not affect the validity of the notice or document, service, or any action or proceeding under this Chapter. 9.94.110 Costs Nothing herein limits the City’s ability to seek recovery of its costs or fees incurred in connection with the hearing if authorized by law. The City shall keep an accounting of the hearing costs. If any portion of the action is upheld, even in part, the City is the prevailing party. 9.94.120 Judicial Review The decision of the hearing officer is not subject to appeal to the City Council or any board or commission of the City. Once the hearing officer’s decision becomes final as provided in this Chapter, the appellant must both bring judicial action to contest such decision and provide the City with a notice of the action within 90 days after the date of such decision of the hearing officer, in accordance with the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer’s decision are waived. 9.94.130 Limitation on Jurisdiction The hearing officer shall not consider appeals of orders, decisions, and determinations of the City of San Bernardino Building Official relating to the building standards of the California Building Standards Code, which must be considered by the Building Appeals Board pursuant to Section 2.45.030 of this Code. 4.c Packet Pg. 113 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 9.94.140 Severability The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. 4.c Packet Pg. 114 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Affected Portions of Chapter 15.04 Chapter 15.04 BUILDING CODES Sections: 15.04.010 Citation 15.04.020 Adoption of Codes by Reference 15.04.030 Applicability 15.04.040 Definitions 15.04.050 CBC Appendix Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work 15.04.060 CBC Appendix Chapter 1, Section 112.1.1 is added- Board of Appeals Designated 15.04.070 CBC Appendix Chapter 1, Section 105.2, Item 2 is Amended Fences Not Requiring a Building Permit 15.04.080 [Reserved]Applicable Fees and Fee Exemptions 15.04.090 CBC Section 2204.1.1 is added- Qualification of Welding Operators. 15.04.100 CBC Section 3109.1.1 is added- Barriers for Swimming Pools 15.04.110 CBC Appendix J, Section J101 .3 is added - Alquist-Priolo Earthquake Fault Zones 15.04.120 CBC Appendix J, Section J101 .4 is added - Enforcement Authority 15.04.130 On-site Improvement Permit 15.04.140 Preparation of Grading Plans 15.04.150 On-Site Improvement Plans and Specifications 15.04.160 Information on On-Site Improvement Plans 15.04.170 On-site Improvement Plan Review and Permit Fees 15.04.180 Inspection of On-Site Improvements 15.04.190 Bonds Required 15.04.200 CBC Appendix J, Section J110.1 is added- Planting of Slopes 15.04.210 CBC Appendix J, Section J112 is added- Grading Operations 15.04.220 CBC Appendix J, Section J110.3 is added- Final Repots 15.04.230 Driveway Configurations 15.04.240 Location of Slopes 15.04.250 Automatic Fire Sprinkler Systems- Residential Additions 15.04.260 Stop Work Order … 4.c Packet Pg. 115 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.04.020 Adoption of Codes by Reference A. Adoption of the California Building Standards Co de by Reference Those certain rules and regulations as set forth in the following codes are hereby adopted and by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception of those parts expressly excepted and deleted or as amended by this Code,by reference as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, and maintenance of all buildings and other structures in the City: 1. The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating: A. California Building Code (CBC), 2016 edition, and Appendix J thereto ; B. California Electrical Code (CEC), 2016 edition; C. California Mechanical Code (CMC), 2016 edition; D. California Plumbing Code (CPC), 2016 edition; E. California Green Building Standards Code (CGBSC), 2016 edition; and F. California Residential Code (CRC), 2016 edition;. G. California Energy Code, 2016 edition; H. California Historical Building Code, 2016 edition; I. California Fire Code, 2016 edition; J. California Existing Building Code, 2016 edition. B. Adoption of Other Codes by Reference In addition to the California Building Standards Co des, those certain rules and regulations, as set forth in the following codes, and appendices are hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenance of all buildings and other structures in the City: 1. Uniform Housing Code (UHC), 1997 edition; 2. Uniform Administrative Code(UAC), 1997 edition; 2.3. Uniform Code for the Abatement of Dangerous Buildings (UCADB), 1997 edition; 4. International Residential Code, Appendix H, 2015 ed ition; 3.5. International Property Maintenance Code (IPMC), 2015 edition; and 4.c Packet Pg. 116 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 6. International Existing Building Code (IEBC), 2015 edition. C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy. … 15.04.050 CBCIBC Appendix Chapter 1, Section 105.5.1 is added - Prima Facie Evidence of Abandoned Work Section 105.5.1 Prima Facie Evidence of Abandoned Work Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 365180 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired. 15.04.060 CBC Appendix Chapter 1, Section 113.1.1 is added Board of Appeals Designated Section 113.1.1 Board of Appeals Designated 1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the building standards of this code, the Building Appeals The Board of Building Commissioners of the City of San Bernardino , established under Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building AppealsOfficial or his designee shall be Clerk of the Board has. The Board shall have such duties as are delegated to it by the California Building Standards Code and Chapter 2.45Code (CBC) as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code. 15.04.070 CBC Appendix Chapter 1, Section 105.2, Item 2 is Amended - Fences Not Requiring a Building Permit 2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards. 15.04.080 [Reserved]…Applicable Fees and Fee Exemptions Applicable Fees: The fees for building, electrical, plumbing, and mechanical permits shall be as set forth in the latest adopted edition of the Uniform Administrative Code, subject to such amendments thereto as are adopted in this Chapter, and subject to further amendments as adopted by resolution of the Mayor and Common Council. … 4.c Packet Pg. 117 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.04.120 CBC Appendix J, Section J101.4 is added - Enforcement Authority J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBCIBC Appendix Chapter J and any amendments thereto. … 4.c Packet Pg. 118 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Entirety of Chapter 15.05 Chapter 15.05 PROPERTY MAINTENANCE CODE Sections: 15.05.010 Citation of Sections 15.05.102.3020 Section 102.3 amended(Repairs, additions or alterations to a structure) 15.05.103.1030 Section 103.1 amended(Code Official) 15.05.104.3040 Section 104.3 amended 15.05.106.4050 Section 106.4 amended(Violation Penalties) 15.05.107.1060 Section 107.1 amended(Notice to Person Responsible) 15.05.111070 Section 111 amended(Appeals) 15.05.112.4080 Section 112.4 amended(Failure to Comply) 15.05.201.3090 Section 201.3 amended(Definitions) 15.05.302.4100 Section 302.4 amended(Weeds) 15.05.302.9110 Section 302.9 amended(Defacement of Property Deleted) 15.05.304.3120 Section 304.3 amended(Premises Identification) 15.05.304.14130 Section 304.14 amended 15.05.304.18140 Section 304.18 amended 15.05.307150 Section 307 amended(Handrails and Guardrails) 15.05.401.3160 Section 401.3 amended(Alternative Devices) 15.05.502.5170 Section 502.5 amended(Public Toilet Facilities) 15.05.505.1180 Section 505.1 amended(Public Fixture Connections) 15.05.602.2190 Section 602.2 amended(Heating Facilities) 15.05.602.3200 Section 602.3 amended(Heat Supply, Exceptions 1 & 2 deleted) 15.05.602.4210 Section 602.4 amended(Occupiable Work Spaces deleted) 15.05.604.2220 Section 604.2 amended(Service) 15.05.604.3.1.1230 Section 604.3.1.1 amended(Electrical Equipment exposed to water) 15.05.604.3.2.1240 Section 604.3.2.1 amended(Electrical Equipment exposed to fire) 15.05.702.1250 Section 702.1 amended(General) 15.05.702.2260 Section 702.2 amended(Aisles) 15.05.702.3270 Section 702.3 amended(Locked Doors) 15.05.704.1280 Section 704.1 amended(Fire Protection Systems) 15.05.704.2290 Section 704.2 amended(Smoke Alarms) 15.05.010 Citation of Sections The provisions of this is chapter shall be known as the "Property Maintenance Code," and may be cited as such. For purposes of citation,amend the International Property Maintenance Code, 20152 Edition, published by the International Code Conference,; as adopted by reference 4.c Packet Pg. 119 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to and amended by the City, is renumbered by adding "15.05." before each sectio nin Chapter 15.04 of this Code. 15.05.0102.320 Section 102.3 amended International Property Maintenance Code Section 102. 3 is amended to read as follows: 102.3 "Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisio ns of the California Building Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, Table 2902.1 of the International Building Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code." 15.05.103.1030 Section 103.1 amended International Property Maintenance Code Section 103. 1 is amended to read as follows: 103.1 "The Chief of Police or the Director of Commu nity Development or their authorized representatives shall be known as the co de official as referenced in the International Property Maintenance Code." 15.05.104.3040 Section 104.3 amended International Property Maintenance Code Section 104.3 is amended to add the following phrase to the end of the last sentence: "including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedure of the State of California." 15.05.106.4050 Section 106.4 amended International Property Maintenance Code Section 106.4 is amended to read as follows: 106.4 "Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code." 15.05.107.1060 Section 107.1 amended International Property Maintenance Code Section 107.1 is amended to read as follows: 107.1 "Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section 9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3." 4.c Packet Pg. 120 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.05.111070 Section 111 amended International Property Maintenance Code Section 111 and subsections are amended to read as follows: 111 "The Administrative Law Officer established in Section 9.92.020 of the San Bernardino Municipal Code, shall hear and determine any appeal arising from aA party aggrieved by a notice n action or determination order made by the code official relative to the application and interpretation ofissued under this code may appeal in the manner set forth in . Section 9.92.130 of the municipal code shall apply to the Administrative Law Officer' s determination. An appeal shall be filed, if at all, in accordance with the requirements and within the time period set forth in SectionChapter 9.92.18094 of the San Bernardino Municipal Code." 15.05.112.4080 Section 112.4 amended International Property Maintenance Code Section 112.4, Failure to comply, is amended to read as follows: 112.4 Failure to Comply "Any person, firm or corporation who continues work on a building or structure after a stop work order has been issued by any of the employees listed in [SBMC] 9.90.010 A(2, 3, 4, 5, 6 or 8) shall be guilty of a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense." 15.05.201.3090 Section 201.3 amended International Property Maintenance Code Section 201.3 is amended to read as follows: 201.3 Definitions. "Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes." 15.05.302.4100 Section 302.4 amended International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows: 302.4 Weeds "Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8.30, Abatement of Public Nuisances." 4.c Packet Pg. 121 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.05.302.9110 Section 302.9 amended International Property Maintenance Code Section 302.9, defacement of property, is deleted. 15.05.304.3120 Section 304.3 amended International Property Maintenance Code Section 304.3 is amended to read as follows: 304.3 Premises Identification "Premises identificat ion shall be as set forth in the San Bernardino Municipal Code sections 12.32.030 and/or 15.16.126." 15.05.304.14130 Section 304.14 amended International Property Maintenance Code Section 304.14 is deleted. 15.05.304.18140 Section 304.18 amended International Property Maintenance Code Section 304.18 is deleted. 15.05.307150 Section 307 amended International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows: 307 Handrails and Guardrails "Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition." 15.05.401.3160 Section 401.3 amended International Property Maintenance Code Section 401. 3 is amended to read as follows: 401.3 Alternative Devices "In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilat ion complying with the California Building Code or California Residential Code shall be permitted." 15.05.502.5170 Section 502.5 amended International Property Maintenance Code Section 502.5, Public toilet facilities, is amended to read as follows: 502.5 Public Toilet Facilities "Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises." 4.c Packet Pg. 122 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.05.505.1180 Section 505.1 amended International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows: 505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code." 15.05.602.2190 Section 602.2 amended International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows: 602.2 Heating Facilities "Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently-installed heating facilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms." 15.05.602.3200 Section 602.3 amended International Property Maintenance Code Section 602. 3, Heat supply, Exceptions #1 and #2 are deleted. 15.05.602.4210 Section 602.4 amended International Property Maintenance Code Section 602.4, Occupiable work spaces, is deleted. 15.05.604.2220 Section 604.2 amended International Property Maintenance Code Section 604.2, Service, is amended to read as follows: 604.2 "Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase electrical service having a rating of not less than 60 amperes." 15.05.604.3.1.1230 Section 604.3.1.1 amended International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows: 4.c Packet Pg. 123 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 604.3.1.1 Electrical Equipment "Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC are hereby deleted." 15.05.604.3.2.1240 Section 604.3.2.1 amended International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows: 604.3.2.1 Electrical Equipment "Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code." The exception provisions of section 604.3.2.1 of the IPMC are hereby deleted. 15.05.702.1250 Section 702.1 amended International Property Maintenance Code Section 702.1, General, is amended to read as follows: 702.1 General "General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive." 15.05.702.2260 Section 702.2 amended International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows: 702.2 Aisles "Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Build ing Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed." 15.05.702.3270 Section 702.3 amended International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows: 702.3 Locked Doors "Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made witho ut the need for keys, special knowledge or 4.c Packet Pg. 124 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive." 15.05.704.1280 Section 704.1 amended International Property Maintenance Code Section 704.1, General, is amended to read as follows: 704.1 Fire Protection Systems "General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code." 15.05.704.2290 Section 704.2 amended International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows: 704.2 Smoke Alarms "Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive." 4.c Packet Pg. 125 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Section 15.20.090 15.20.090 Hearings Any person aggrieved by the denial, withholding or revo cationking of a certificate of occupancy or temporary certificate of occupancy by the Building Official may request a hearing in writing before the Hearing Officerappeal in the manner set forth in Chapter 9.94 of t his Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appeal that decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standards of the California Building Standards Code. All decisions of the Hearing Officer may be appealed to the Board of Building Commissioners in accordance with the provisions of Chapter 2.64 of this Code. 4.c Packet Pg. 126 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to Redline of Affected Portions of Chapter 15.28 Chapter 15.28 DANGEROUS BUILDINGS Sections: 15.28.010 Referenced Code 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended 15.28.030 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.040 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.050 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.060 (Repealed by Ord. MC-880, 6-23-93[Reserved] 15.28.070 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.080 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.090 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.100 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.110 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.120 (Repealed by Ord. MC-880, 6-23-93)[Reserved] 15.28.130 (Repealed by Ord. MC-177, 7-07-82)[Reserved] 15.28.140 Securing dangerous buildings from entry 15.28.150 Recovery of costs of Aabatement of nuisance by Building Official 15.28.160 Discontinuance of utilities 15.28.170 Filing of notice of pendency of administrative proceedings 15.28.180 (Repealed by Ord. MC-460, 5-15-85) 15.28.190 Post-disaster Safety Assessment Placards 15.28.200 Section 103 amended 15.28.210 Section 205 amended 15.28.220 Section 301 amended … 15.28.020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, 7, 8, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted. Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcement of any notice and order of the building official is stayed during the pendency of an appeal therefrom that is properly and timely filed. … 4.c Packet Pg. 127 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.28.140 Securing dangerous buildings from entry A. The building official is authorized to secure from entry any structure that is ordered vacated In addition to the procedures provided for abatement of nuisance caused by dangerous and hazardous structures as set forth in this Chapter, the Building Official or his representative is given summary power to secure from entry any structure which in his discretion he determines to be immediately dangerous or hazardous, or in any other manner injurious to public health or safety. The Building Official may secure such structures using methods at his discretion to accomplish the purpose which is most appropriate under the circumstances. The Building Official shall also post a sign stating in effect "DANGER, DO NOT ENTER" upon the structure in at least one consp icuous place, with the word "DANGER" in letters at least one inch in height in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion.. B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person removing such signwho removes a notice to vacate without the express written consent of the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of the San Bernardino Municipal Code. C. The Building Official shall, immediately after such action, mail a notice to the owners of the real property upon which the structure is located. Notice shall be mailed to the address as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the property as such address may be known by the Building Official. Such notice shall contain the following information: 1 that he has secured the structure; 2 the cost incurred by the City thereby; 3 that he has posted signs as provided by this sect ion; 4 the reasons why he has taken the action; 5 that an appeal may be made within ten days to the Board of Building Commissioners, to be set for hearing at the next regular meeting; 6 that if his action is not annulled by the Board o f Building Commissioners, the cost of securing the property shall become a lien upon the real property unless the cost is paid to the City within thirty days of the mailing of the noticeThe Building Official’s decision to secure a structure may be appealed in the same manner as t he issuance of the underling notice to vacate and as provided in Section 15.28.020. D. The notice of appeal to the Board of Building Co mmissioners must be verified under oath or under penalty of perjury and must state the grounds upon which the action of the Building Official is appealed. 4.c Packet Pg. 128 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 1. The Board of Building Commissioners shall hear any evidence or other relevant matter presented by the Appellant or the Building Official at its next regular meeting after the filing of the Notice of Appeal. 2. After hearing all the evidence or upon the report o f the Building Official if no appeal is made, the Board of Building Commissioners may co nfirm, amend, or annul the action of the Building Official. (a) If the action of the Building Official is annulled, the City at its own expense shall remove any instruments used to secure the structure and any signs stating that the building is unsafe to enter. (b) If the Board of Building Commissioners confirms the action of the Building Official in securing the structure, then the cost incurred by the City in securing the structure shall become a special assessment and lien against the property to be determined and collected in accordance with the procedures set forth in Chapter 3.68.* 15.28.150 Recovery of costs of Aabatement of nuisance by Building Official Any A. costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8.30 of the San Bernardino Municipal Code. The same procedures provided in Section 15.28.140 for abating nuisances through securing from entry any structure which is determined by the Building Official to be immediately dangerous or hazardous may be used by t he Building Official in connection with the summary abatement of all other nuisances upon private property which the Building Official determines in his discretion to constitute an immed iately dangerous or hazardous condition. B. The Building Official or his representative may summarily abate conditions found to be a nuisance under subsection (A) in his discretio n in the most appropriate manner under the circumstances. 1. The manner of abatement may include, but is not limited to, the following methods: fencing, draining water from swimming pools and filling with appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening landfills or excavations. 2. Although the manner and method used by the Building Official shall be at his discretion, he shall, in making his determinations, seek the most economical method and endeavor not to place an undue economic hardship upon the owners of the property, using only those measures which will eliminate the dangerous and hazardous conditions. C. The Building Official shall immediately after such abatement action mail notice to the owners as provided in Section 15.28.140. The notice shall include: 1. a description of the action he has taken; 4.c Packet Pg. 129 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 2. the cost thereby incurred by the City, including all administrative costs; 3. the reasons why he has taken the action; 4. that an appeal may be taken within ten days to the Board of Building Commissioners as provided in Section 15.28.140; and 5. that if this action is not annulled by the Board of Building Commissioners, the cost of abating the nuisance on the property shall become a special assessment and lien on the property unless the cost is paid to the City within thirty days of the mailing of the notice. D. Fees for processing of demands for information regarding liens imposed under this chapter shall apply in an amount set by resolution of the Mayor and Common Council. E. The procedures hereunder for appeal, hearing, and any other actions shall be as provided in Chapter 3.68* for determination and collection of the assessment for costs of abatement. … 15.28.170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiat ed action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, or has posted a "Danger" sign upon a structure as provided for in Section 15.28.140, or has begun summary abatement of a nuisance as provided for in Section 15.28.150, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequent owner, purchaser, encumbrancer of the property described therein or involved in the proceedings, beneficiary of a trust deed, lienholder, mortgagee, or any other person ho lding or claiming any interest of any kind in the property described therein who shall be bound by the administrative proceedings, including liability for all amounts and costs and expenses assessed against the property as a lien for abatement in the same manner as if he had been the owner at the time of commencement of the proceedings and had been properly served at that time. … 15.28.200 Section 103 of the amended Section 301 of the Uniform Code for the Abatement o f Dangerous Buildings is amended to read as follows: All buildings or structures which are required to be repaired under the provisions of this code shall be subject to the provisions of the California Building Standards Code promulgated by the California Building Standards Co mmission in Title 24 of the California Code of Regulations, as adopted and amended by the City of San Bernardino. 15.28.210 Section 205 amended Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section. 4.c Packet Pg. 130 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 15.28.220 Section 301 amended Section 301 of the Uniform Code for the Abatement o f Dangerous Buildings is amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. BUILDING CODE is the California Building Code, as adopted and amended by the City of San Bernardino. DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 4.c Packet Pg. 131 Attachment: CAO.San Bernardino Hearing and Appeal Redline of Municipal Code Sections-c2 (6225 : Ordinance No. MC-1521 Related to 5.a Packet Pg. 132 Attachment: PW.Assessment Levies Staff Report 8.7 (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Formed 55600.00902\32170221.1 determined pursuant the methodology in each engineer’s report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements. On August 7, 2019, the Mayor and City Council will consider adoption of resolutions confirming the diagram and assessment within the various assessment districts. 2018-2019 Goals and Objectives This project is consistent with Goal No 4. Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact At the adoption of the City’s FY 2019-20 budget, the amount of the assessment revenue(s) and related operating expenditures for each assessment districts maintenance, servicing and appurtenant facilities was not known. To amend the FY 19- 20 adopted budget for the Assessment District Fund (Fund 254) would entail an increase to estimated revenues and the related assessment district expenditures as delineated in the Assessment District Analytics Report (see Attachment 2). The engineering reports set forth the “Maximum Allowable Assessment” for each parcel and identifies the per district City Contribution amount. These specific assessment district direct and indirect expenses along with the City General Fund contribution amounts will be used to amend the fiscal 2019-20 adopted budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino hold a Public Hearing and adopt Resolution Nos. 2019-190 through 2019-251, confirming the diagram and assessment for FY 2019-20 within various assessment districts within the City of San Bernardino and direct the Finance Director to amend the fiscal year 2019-20 Adopted Budget and direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. Attachments Attachment 1 All resolutions confirming the diagram and assessment within each assessment district for Fiscal Year 2019-20 Attachment 2 FY 2019-20 Assessment District Analytics Report Ward: All Synopsis of Previous Council Actions: 5/15/2019 City Council adopted a Resolution Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2019-20 in various assessment districts pursuant to the California Constitution and the City Charter, appointing the Engineer of Record and ordering preparation of engineer’s reports 6/5/2019 City Council adopted resolutions declaring intention to levy and collect assessments for Fiscal Year 2019-20 within various assessment districts within the City of San Bernardino, approved engineer’s reports for each assessment district and provided notice of the time and place of hearing on proposed assessments in each assessment district 5.a Packet Pg. 133 Attachment: PW.Assessment Levies Staff Report 8.7 (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Formed Resolution No. 2019-190 55600.00902\32165462.1 RESOLUTION NO. 2019-190 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1005 (CAJON AND PEPPER LINDEN AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-106, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1005 (Cajon and Pepper Linden Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 134 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-190 55600.00902\32165462.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 135 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-190 55600.00902\32165462.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 136 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 137 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-191 55600.00902\32169426.1 RESOLUTION NO. 2019-191 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1042 (SHANDIN HILLS DRIVE AND SHADY CREEK DRIVE) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-130, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1042 (Shandin Hills Drive and Shady Creek Drive) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 138 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-191 55600.00902\32169426.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 139 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-191 55600.00902\32169426.1 -3- CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 140 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 141 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-192 55600.00902\32162620.1 RESOLUTION NO. 2019-192 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 951 (WAGONWHEEL ROAD AREA) AND ZONES 1 AND 2 THEREOF FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-87, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 951 (Wagonwheel Road Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; 5.b Packet Pg. 142 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-192 55600.00902\32162620.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the C ity Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 143 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-192 55600.00902\32162620.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 144 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 145 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-193 55600.00902\32163145.1 RESOLUTION NO. 2019-193 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 952 (STATE COLLEGE AREA) AND ZONES 1, 2 AND 2A THEREOF FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-148, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 952 (State College Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; 5.b Packet Pg. 146 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-193 55600.00902\32163145.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 147 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-193 55600.00902\32163145.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 148 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 149 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-194 55600.00902\32163481.1 RESOLUTION NO. 2019-194 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 952 (STATE COLLEGE AREA) AND ZONE 3 THEREOF FOR FISCAL YEAR 2019- 20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-147, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 952 (State College Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; 5.b Packet Pg. 150 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-194 55600.00902\32163481.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 151 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-194 55600.00902\32163481.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 152 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 153 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-195 55600.00902\32163538.1 RESOLUTION NO. 2019-195 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 953 (16TH STREET) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-88, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 953 (16th Street) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 154 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-195 55600.00902\32163538.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 155 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-195 55600.00902\32163538.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 156 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 157 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-196 55600.00902\32163686.1 RESOLUTION NO. 2019-196 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 956 (CARNEGIE DRIVE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-89, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 956 (Carnegie Drive Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 158 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-196 55600.00902\32163686.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 159 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-196 55600.00902\32163686.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 160 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 161 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-197 55600.00902\32163806.1 RESOLUTION NO. 2019-197 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 959 (SHANDIN HILLS) AND ZONE 1 THEREOF FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-90, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 959 (Shandin Hills) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019- 20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 162 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-197 55600.00902\32163806.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 163 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-197 55600.00902\32163806.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 164 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 165 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-198 55600.00902\32163863.1 RESOLUTION NO. 2019-198 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 962 (PINE AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-91, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 962 (Pine Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of sewer 5.b Packet Pg. 166 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-198 55600.00902\32163863.1 -2- lift stations and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of sewer lift stations and appurtenant facilities; (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of sewer lift stations and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 167 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-198 55600.00902\32163863.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 168 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 169 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-199 55600.00902\32163954.1 RESOLUTION NO. 2019-199 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 963 (ALLEN STREET) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-92, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 963 (Allen Street) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of sewer 5.b Packet Pg. 170 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-199 55600.00902\32163954.1 -2- lift stations and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of sewer lift stations and appurtenant facilities; (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of sewer lift stations and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 171 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-199 55600.00902\32163954.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 172 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 173 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-200 55600.00902\32164005.1 RESOLUTION NO. 2019-200 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 968 (AIRPORT DRIVE) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-93, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 968 (Airport Drive)) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019- 20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of 5.b Packet Pg. 174 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-200 55600.00902\32164005.1 -2- landscaping and lighting and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities; (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 175 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-200 55600.00902\32164005.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 176 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 177 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-201 55600.00902\32164044.1 RESOLUTION NO. 2019-201 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 974 (RIALTO AVENUE BETWEEN EUCALYPTUS AND PEPPER) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-94, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 974 (Rialto Avenue Between Eucalyptus and Pepper) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; 5.b Packet Pg. 178 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-201 55600.00902\32164044.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 179 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-201 55600.00902\32164044.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 180 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 181 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-202 55600.00902\32164044.1 RESOLUTION NO. 2019-202 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 975 (PEPPER AND MILL AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-95, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 975 (Pepper and Mill Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 182 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-202 55600.00902\32164044.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 183 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-202 55600.00902\32164044.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 184 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 185 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-203 55600.00902\32164653.1 RESOLUTION NO. 2019-203 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 976 (PINE AND BELMONT) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-96, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 976 (Pine and Belmont) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 186 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-203 55600.00902\32164653.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 187 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-203 55600.00902\32164653.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 188 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 189 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-204 55600.00902\32164702.1 RESOLUTION NO. 2019-204 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 981 (MERIDIAN AND RANDALL AVENUE) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-97, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 981 (Meridian and Randall Avenue) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 190 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-204 55600.00902\32164702.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 191 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-204 55600.00902\32164702.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 192 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 193 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-205 55600.00902\32164750.1 RESOLUTION NO. 2019-205 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 982 (PIEDMONT DRIVE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-98, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 982 (Piedmont Drive Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 194 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-205 55600.00902\32164750.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 195 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-205 55600.00902\32164750.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 196 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 197 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-206 55600.00902\32164806.1 RESOLUTION NO. 2019-206 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 986 (RIALTO AND MACY AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-99, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 986 (Rialto and Macy Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 198 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-206 55600.00902\32164806.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 199 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-206 55600.00902\32164806.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 200 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 201 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-207 55600.00902\32164885.1 RESOLUTION NO. 2019-207 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 989 (MILL AND MACY AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-100, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 989 (Mill and Macy Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 202 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-207 55600.00902\32164885.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 203 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-207 55600.00902\32164885.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 204 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 205 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-208 55600.00902\32164979.1 RESOLUTION NO. 2019-208 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 991 (VERDEMONT AND OLIVE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-101, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 991 (Verdemont and Olive Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 206 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-208 55600.00902\32164979.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 207 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-208 55600.00902\32164979.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 208 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 209 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-209 55600.00902\32165012.1 RESOLUTION NO. 2019-209 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 993 (CAJON AND JUNE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-102, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 993 (Cajon and June Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 210 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-209 55600.00902\32165012.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 211 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-209 55600.00902\32165012.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 212 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 213 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-210 55600.00902\32165067.1 RESOLUTION NO. 2019-210 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 997 (CHESTNUT AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-103, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 997 (Chestnut Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019- 20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 214 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-210 55600.00902\32165067.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 215 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-210 55600.00902\32165067.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 216 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 217 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-211 55600.00902\32165155.1 RESOLUTION NO. 2019-211 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1001 (PENNSYLVANIA AND BIRCH AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-104, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1001 (Pennsylvania and Birch Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 218 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-211 55600.00902\32165155.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 219 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-211 55600.00902\32165155.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 220 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 221 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-212 55600.00902\32165236.1 RESOLUTION NO. 2019-212 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1002 (NORTH “H” STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-105, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1002 (North “H” Street Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 222 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-212 55600.00902\32165236.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 223 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-212 55600.00902\32165236.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 224 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 225 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-213 55600.00902\32165542.1 RESOLUTION NO. 2019-213 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1007 (PEPPER AND RANDALL AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-107, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1007 (Pepper and Randall Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 226 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-213 55600.00902\32165542.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 227 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-213 55600.00902\32165542.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 228 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 229 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-214 55600.00902\32165615.1 RESOLUTION NO. 2019-214 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1012 (MILL/BURNEY AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-108, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1012 (Mill/Burney Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 230 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-214 55600.00902\32165615.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 231 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-214 55600.00902\32165615.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 232 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 233 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-215 55600.00902\32165647.1 RESOLUTION NO. 2019-215 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1016 (COULSTON AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-109, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1016 (Coulston Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019- 20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public 5.b Packet Pg. 234 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-215 55600.00902\32165647.1 -2- landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities; and (f) such assessments do not exceed the amounts of the assessments which were levied for Fiscal Year 2018-19. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 235 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-215 55600.00902\32165647.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 236 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 237 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-216 55600.00902\32166312.1 RESOLUTION NO. 2019-216 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1017 (KENDALL AND PINE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-110, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1017 (Kendall and Pine Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 238 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-216 55600.00902\32166312.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 239 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-216 55600.00902\32166312.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 240 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 241 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-217 55600.00902\32166313.1 RESOLUTION NO. 2019-217 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1019 (NORTHPARK AND MOUNTAIN AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-111, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1019 (Northpark and Mountain Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 242 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-217 55600.00902\32166313.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 243 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-217 55600.00902\32166313.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 244 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 245 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-218 55600.00902\32166315.1 RESOLUTION NO. 2019-218 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1020 (MILL STREET AND DALLAS AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-112, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1020 (Mill Street and Dallas Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 246 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-218 55600.00902\32166315.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 247 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-218 55600.00902\32166315.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 248 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 249 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-219 55600.00902\32166317.1 RESOLUTION NO. 2019-219 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1022 (SAN BERNARDINO INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA) AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-113, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1022 (San Bernardino International Airport/Alliance-California)) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 250 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-219 55600.00902\32166317.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 251 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-219 55600.00902\32166317.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 252 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 253 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-220 55600.00902\32166326.1 RESOLUTION NO. 2019-220 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1023 (ELM AVENUE AND COULSTON STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-114, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1023 (Elm Avenue and Coulston Street Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 254 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-220 55600.00902\32166326.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 255 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-220 55600.00902\32166326.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 256 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 257 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-221 55600.00902\32166368.1 RESOLUTION NO. 2019-221 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1024 (INLAND CENTER DRIVE AND RIVERWALK DRIVE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-115, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1024 (Inland Center Drive and Riverwalk Drive Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 258 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-221 55600.00902\32166368.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscaping and sewer lift stations and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and sewer lift stations and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and sewer lift stations and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 259 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-221 55600.00902\32166368.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 260 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 261 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-222 55600.00902\32168607.1 RESOLUTION NO. 2019-222 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1025 (PALM AVENUE AND WASHINGTON AVENUE AREA) FOR FISCAL YEAR 2019- 20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-116, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1025 (Palm Avenue and Washington Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 262 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-222 55600.00902\32168607.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 263 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-222 55600.00902\32168607.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 264 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 265 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-223 55600.00902\32168637.1 RESOLUTION NO. 2019-223 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1027 (WATERMAN AVENUE AND WASHINGTON STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-117, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1027 (Waterman Avenue and Washington Street Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 266 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-223 55600.00902\32168637.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 267 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-223 55600.00902\32168637.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 268 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 269 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-224 55600.00902\32168682.1 RESOLUTION NO. 2019-224 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1028 (OHIO AVENUE AND WALNUT AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-118, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 270 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-224 55600.00902\32168682.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 271 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-224 55600.00902\32168682.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 272 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 273 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-225 55600.00902\32168712.1 RESOLUTION NO. 2019-225 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1029 (CALIFORNIA STREET AND 16TH STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-119, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1029 (California Street and 16th Street) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 274 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-225 55600.00902\32168712.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 275 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-225 55600.00902\32168712.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 276 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 277 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-226 55600.00902\32168754.1 RESOLUTION NO. 2019-226 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1030 (MAGNOLIA AVENUE AND OHIO AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-120, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1030 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 278 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-226 55600.00902\32168754.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 279 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-226 55600.00902\32168754.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 280 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 281 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-227 55600.00902\32168845.1 RESOLUTION NO. 2019-227 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1031 (IRVINGTON AVENUE AND OLIVE AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-121, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1031 (Irvington Avenue and Olive Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 282 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-227 55600.00902\32168845.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 283 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-227 55600.00902\32168845.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 284 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 285 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-228 55600.00902\32168867.1 RESOLUTION NO. 2019-228 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1032 (PALM AVENUE AND VERDEMONT DRIVE) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-122, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1032 (Palm Avenue and Verdemont Drive) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 286 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-228 55600.00902\32168867.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 287 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-228 55600.00902\32168867.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 288 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 289 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-229 55600.00902\32168873.1 RESOLUTION NO. 2019-229 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1035 (PALM AVENUE AND MEYERS ROAD) AND ZONES 1 AND 2 THEREOF FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-123, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1035 (Palm Avenue and Meyers Road) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 290 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-229 55600.00902\32168873.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 291 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-229 55600.00902\32168873.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 292 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 293 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-230 55600.00902\32169010.1 RESOLUTION NO. 2019-230 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1036 (NORTHPARK BOULEVARD AND CAMPUS PARKWAY) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-124, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1036 (Northpark Boulevard and Campus Parkway) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 294 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-230 55600.00902\32169010.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 295 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-230 55600.00902\32169010.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 296 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 297 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-231 55600.00902\32169038.1 RESOLUTION NO. 2019-231 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1037 (BELMONT AVENUE AND MAGNOLIA AVENUE) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-125, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1037 (Belmont Avenue and Magnolia Avenue) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 298 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-231 55600.00902\32169038.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 299 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-231 55600.00902\32169038.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 300 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 301 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-232 55600.00902\32169079.1 RESOLUTION NO. 2019-232 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1038 (ORANGE SHOW ROAD AND ARROWHEAD AVENUE) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-126, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1038 (Orange Show Road and Arrowhead Avenue) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 302 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-232 55600.00902\32169079.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 303 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-232 55600.00902\32169079.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 304 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 305 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-233 55600.00902\32169226.1 RESOLUTION NO. 2019-233 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1039 (IRVINGTON AVENUE AND CHESTNUT AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-127, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1039 (Irvington Avenue and Chestnut Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 306 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-233 55600.00902\32169226.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 307 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-233 55600.00902\32169226.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 308 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 309 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-234 55600.00902\32169261.1 RESOLUTION NO. 2019-234 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1040 (ACACIA AVENUE AND HILL DRIVE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-128, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1040 (Acacia Avenue and Hill Drive Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 310 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-234 55600.00902\32169261.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 311 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-234 55600.00902\32169261.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 312 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 313 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-235 55600.00902\32169345.1 RESOLUTION NO. 2019-235 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1041 (MAGNOLIA AVENUE AND OHIO AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-129, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1041 (Magnolia Avenue and Ohio Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 314 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-235 55600.00902\32169345.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 315 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-235 55600.00902\32169345.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 316 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 317 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-236 55600.00902\32169518.1 RESOLUTION NO. 2019-236 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1043 (PALM AVENUE AND IRVINGTON AVENUE AREA) AND ZONES 1 AND 2 THEREOF FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-131, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1043 (Palm Avenue and Irvington Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 318 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-236 55600.00902\32169518.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 319 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-236 55600.00902\32169518.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 320 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 321 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-237 55600.00902\32169593.1 RESOLUTION NO. 2019-237 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1045 (WATERMAN AVENUE AND ORANGE SHOW ROAD AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-132, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1045 (Waterman Avenue and Orange Show Road Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 322 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-237 55600.00902\32169593.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 323 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-237 55600.00902\32169593.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 324 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 325 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-238 55600.00902\32169645.1 RESOLUTION NO. 2019-238 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1046 (NORTHPARK BOULEVARD AND NORTHSTAR AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-133, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1046 (Northpark Boulevard and Northstar Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 326 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-238 55600.00902\32169645.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 327 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-238 55600.00902\32169645.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 328 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 329 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-239 55600.00902\32169659.1 RESOLUTION NO. 2019-239 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1047 (OHIO AVENUE AND PINE AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-134, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1047 (Ohio Avenue and Pine Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 330 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-239 55600.00902\32169659.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 331 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-239 55600.00902\32169659.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 332 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 333 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-240 55600.00902\32169676.1 RESOLUTION NO. 2019-240 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1048 (EUCALYPTUS AVENUE AND RANDALL AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-135, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1048 (Eucalyptus Avenue and Randall Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 334 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-240 55600.00902\32169676.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 335 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-240 55600.00902\32169676.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 336 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 337 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-241 55600.00902\32169695.1 RESOLUTION NO. 2019-241 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1050 (PEPPER AVENUE AND RIALTO AVENUE AREA) FOR FISCAL YEAR 2019- 20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-136, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1050 (Pepper Avenue and Rialto Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 338 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-241 55600.00902\32169695.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 339 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-241 55600.00902\32169695.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 340 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 341 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-242 55600.00902\32169710.1 RESOLUTION NO. 2019-242 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1052 (BELMONT AVENUE AND CHESTNUT AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-137, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1052 (Belmont Avenue and Chestnut Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 342 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-242 55600.00902\32169710.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 343 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-242 55600.00902\32169710.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 344 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 345 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-243 55600.00902\32169766.1 RESOLUTION NO. 2019-243 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1054 (CAMPUS PARKWAY AND VALLES DRIVE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-138, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1054 (Campus Parkway and Valles Drive Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 346 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-243 55600.00902\32169766.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 347 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-243 55600.00902\32169766.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 348 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 349 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-244 55600.00902\32169789.1 RESOLUTION NO. 2019-244 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1055 (PINE AVENUE AND REDWOOD STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-139, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1055 (Pine Avenue and Redwood Street Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 350 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-244 55600.00902\32169789.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscaping and sewer lift stations and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscaping and sewer lift stations and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscaping and sewer lift stations and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 351 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-244 55600.00902\32169789.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 352 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 353 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-245 55600.00902\32169875.1 RESOLUTION NO. 2019-245 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1056 (MAGNOLIA AVENUE AND GARFIELD STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-140, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1056 (Magnolia Avenue and Garfield Street Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 354 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-245 55600.00902\32169875.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 355 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-245 55600.00902\32169875.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 356 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 357 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-246 55600.00902\32169900.1 RESOLUTION NO. 2019-246 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1057 (CAJON BOULEVARD AND UNIVERSITY PARKWAY AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-141, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1057 (Cajon Boulevard and University Parkway Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 358 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-246 55600.00902\32169900.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 359 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-246 55600.00902\32169900.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 360 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 361 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-247 55600.00902\32169921.1 RESOLUTION NO. 2019-247 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1059 (ORANGE SHOW ROAD AND TIPPECANOE AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-142, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1059 (Orange Show Road and Tippecanoe Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 362 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-247 55600.00902\32169921.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 363 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-247 55600.00902\32169921.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 364 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 365 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-248 55600.00902\32169983.1 RESOLUTION NO. 2019-248 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1060 (CHIQUITA LANE AND DATE STREET AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-143, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1060 (Chiquita Lane and Date Street Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 366 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-248 55600.00902\32169983.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 367 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-248 55600.00902\32169983.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 368 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 369 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-249 55600.00902\32170008.1 RESOLUTION NO. 2019-249 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1063 (CENTRAL AVENUE AND LENA ROAD AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-144, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1063 (Central Avenue and Lena Road Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 370 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-249 55600.00902\32170008.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 371 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-249 55600.00902\32170008.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 372 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 373 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-250 55600.00902\32170031.1 RESOLUTION NO. 2019-250 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1064 (CAJON BOULEVARD AND GLEN HELEN PARKWAY AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-145, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1064 (Cajon Boulevard and Glen Helen Parkway Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 374 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-250 55600.00902\32170031.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of public landscaping and appurtenant facilities during Fiscal Year 2019-20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of public landscaping and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of public landscaping and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 375 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-250 55600.00902\32170031.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 376 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 377 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-251 55600.00902\32170075.1 RESOLUTION NO. 2019-251 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1068 (TIPPECANOE AVENUE AND CENTRAL AVENUE AREA) FOR FISCAL YEAR 2019-20 WHEREAS, on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2019-146, a resolution of intention pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), which, among other things, scheduled a public hearing on the levy and collection of assessments on the lots and parcels of assessable property within Assessment District No. 1068 (Tippecanoe Avenue and Central Avenue Area) of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2019-20 pursuant to the Assessment Law for 7:00 o’clock p.m. on August 7, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California; and WHEREAS, notice of said hearing was duly published as required by the Assessment Law and Section 6061 of the Government Code; and WHEREAS, at the time and place of said hearing, as set forth in said resolution of intention, the City Council held the hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protests or communications made or filed by any interested persons, and at the conclusion of said hearing determined that a majority protest, to wit: written protests filed and not withdrawn by property owners owning more than 50 percent of the area of assessable land within the Assessment District, had not been received. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (a) the preceding recitals are correct; (b) compliance has been had with all of the applicable requirements of the Assessment Law; (c) a majority protest to the levy and collection of the proposed assessment has not been filed; (d) the City Council may therefore proceed to confirm the assessment for the Assessment District for Fiscal Year 2019-20, and order the levy and collection of the assessment; and 5.b Packet Pg. 378 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-251 55600.00902\32170075.1 -2- (e) the assessments proposed to be levied on the lots and parcels of assessable property within the Assessment District for the maintenance, servicing and operation of landscape, detention basin and storm drains and appurtenant facilities during Fiscal Year 2019- 20, as contained in the report of Spicer Consulting Group, LLC on file with the City Clerk (the “Report”), are determined pursuant to the methodology in the engineer’s report based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of landscape, detention basin and storm drains and appurtenant facilities. SECTION 2. Levy of Assessment. Pursuant to the Assessment Law, the adoption of this resolution constitutes the levy of the assessment for the maintenance, servicing and operation of landscape, detention basin and storm drains and appurtenant facilities within the Assessment District during Fiscal Year 2019-20, as contained in the Report, and such assessment is hereby levied. The City Clerk is directed to file a certified copy of this resolution together with the assessment contained in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 5.b Packet Pg. 379 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously Resolution No. 2019-251 55600.00902\32170075.1 -3- CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-____, adopted at a regular meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 5.b Packet Pg. 380 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously 5.b Packet Pg. 381 Attachment: PW.Assessment Levies.Attachment 1.Resolutions (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for Previously NWS Program Assessment District Estimated Advertising 5121 Estimated Water 5154 Estimated Electricity Cost 5151 Estimated Contract PO 5506 Direct Indirect City Contribution Total Assmt 1319 AD986 728 3,331 856 9,325 14,241 2,372 797 15,816 1322 AD989 728 1,335 310 9,647 12,020 1,757 2,067 11,710 1327 AD975 728 1,907 315 5,067 8,018 1,224 1,081 8,160 1328 AD976 728 16,780 279 19,710 37,496 5,939 3,844 39,591 1335 AD991 728 8,055 248 14,287 23,318 3,970 819 26,470 1364 AD993 728 5,556 536 14,198 21,019 3,709 - 24,728 1377 AD982 728 3,314 293 4,757 9,092 1,474 740 9,827 1378 AD981 728 3,157 357 8,519 12,761 2,252 - 15,013 1386 AD997 728 579 126 3,362 4,796 846 - 5,642 1396 AD1001 728 1,525 - 5,255 7,508 1,325 - 8,833 1397 AD1002 728 254 75 2,386 3,442 607 - 4,050 1423 AD1012 728 676 - 4,506 5,910 1,019 135 6,794 1429 AD968 728 521 186 2,224 3,660 608 213 4,054 1447 AD1005 728 3,895 - 14,132 18,755 3,044 1,504 20,295 1462 _ADGEN - - 1479 AD974 728 669 66 1,352 2,815 411 484 2,742 1534 AD963 728 - 2,037 - 2,765 488 - 3,253 1540 AD962 728 2,491 5,790 - 9,009 1,590 - 10,599 1778 AD952Z1 243 24,324 2,054 36,500 63,121 7,005 23,426 46,699 1795 AD951Z1 364 462 118 4,061 5,005 731 861 4,876 1866 AD953 728 1,041 - 4,626 6,395 1,063 373 7,084 1867 AD1016 728 411 - 1,555 2,694 420 311 2,803 1896 AD956 728 8,690 2,069 20,377 31,864 4,763 4,871 31,756 1958 AD959Z1 728 39,857 941 70,834 112,361 18,306 8,624 122,043 1962 AD1007 728 555 114 1,104 2,501 440 10 2,931 6002 AD1017 728 7,534 427 16,271 24,960 3,911 2,800 26,070 6004 AD1019 728 3,078 - 8,614 12,420 2,068 703 13,785 6005 AD951Z2 364 1,793 - 3,996 6,153 899 1,058 5,995 6006 AD952Z2 243 20,221 - 71,330 91,794 10,297 33,445 68,645 6007 AD952Z2A 243 3,308 - 6,007 9,558 1,411 1,563 9,406 6008 AD952Z3 728 2,934 - 8,466 12,129 1,928 1,202 12,855 6012 AD1020 728 78 - 1,628 2,435 356 419 2,372 6013 AD1023 728 679 174 2,549 4,130 645 477 4,297 6014 AD1024 728 1,118 1,021 6,020 8,887 1,564 27 10,424 6015 AD1025 728 993 312 5,671 7,704 1,154 1,166 7,691 6016 AD1027 728 4,011 - 17,440 22,179 3,471 2,509 23,141 6017 AD1029 728 694 - 3,273 4,695 758 398 5,055 6018 AD1030 728 834 131 3,408 5,101 863 211 5,753 6019 AD1031 728 7,578 - 11,361 19,667 3,471 - 23,137 6020 AD1032 728 - - 4,005 4,733 835 - 5,568 6021 AD1035Z1 364 2,398 - 6,623 9,385 1,631 145 10,872 6023 AD1036 728 78,829 365 107,881 187,802 32,470 3,805 216,467 6024 AD1037 728 1,119 - 2,199 4,046 688 144 4,590 6025 AD1038 728 - - 2,049 2,777 449 232 2,994 6026 AD1039 728 1,387 182 8,366 10,662 1,786 540 11,908 6027 AD1040 728 3,878 - 7,682 12,288 2,168 - 14,457 6028 AD1041 728 1,126 234 6,074 8,163 1,423 97 9,489 6029 AD1042 728 8,588 898 44,063 54,277 9,578 - 63,856 6030 AD1043Z1 364 2,336 130 3,745 6,576 1,069 521 7,124 6031 AD1043Z2 364 3,112 - 7,529 11,005 1,942 - 12,947 6033 AD1035Z2 364 125 - 1,030 1,519 252 89 1,682 6034 AD1046 728 2,761 - 1,604 5,092 858 232 5,718 6035 AD1022Z1 243 - - 29,417 29,659 4,507 4,048 30,118 From Engineer's Report BudgetProrated Estimate Attachment 2 - FY 2019/20 Assessment Disctrict Analytics Report Epenses RevenuesDirect Expenses Spread Out 5.c Packet Pg. 382 Attachment: PW.Attachement 2.Assessment District Analytics Report (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for NWS Program Assessment District Estimated Advertising 5121 Estimated Water 5154 Estimated Electricity Cost 5151 Estimated Contract PO 5506 Direct Indirect City Contribution Total Assmt From Engineer's Report BudgetProrated Estimate Attachment 2 - FY 2019/20 Assessment Disctrict Analytics Report Epenses RevenuesDirect Expenses Spread Out 6037 AD1045 728 1,436 - 7,618 9,782 1,430 1,682 9,530 6038 AD1047 728 318 - 3,502 4,548 803 - 5,351 6039 AD1048 728 163 - 4,291 5,182 902 69 6,015 6041 AD1050 728 - - 3,007 3,735 552 607 3,679 6043 AD1022Z2 243 - - 15,526 15,769 2,464 1,764 16,469 6044 AD1022Z3 243 - - 8,055 8,298 1,340 706 8,932 6045 AD1052 728 2,020 122 8,606 11,477 1,809 1,224 12,062 6047 AD1054 728 - - 7,063 7,791 1,225 848 8,168 6048 AD1055 728 123 299 17,754 18,905 2,951 2,186 19,670 6049 AD1056 728 4,042 311 10,052 15,133 2,602 391 17,344 6051 AD1057 728 4,595 - 11,077 16,400 2,665 1,298 17,767 6055 AD1059 728 - - 741 1,469 215 253 1,431 6056 AD1060 728 88 - 1,019 1,836 324 - 2,160 6059 AD1063 728 - - 3,494 4,222 726 109 4,839 6060 AD1064 728 - - 7,446 8,174 1,194 1,405 7,963 6070 AD1068 728 - - 296 1,024 160 118 1,066 7273 AD1028 728 2,084 646 6,156 9,614 1,678 103 11,189 TOTALS 45,148 304,767 22,022 771,783 1,143,721 180,856 118,755 1,205,822 5.c Packet Pg. 383 Attachment: PW.Attachement 2.Assessment District Analytics Report (6226 : Public Hearing on Fiscal Year 2019-20 Assessment Levies for 6.a Packet Pg. 384 Attachment: CED.Nibble This Location Change.Staff Report (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 8/1/2019 12:50 PM Code, a Notice of Public Hearing was sent to all property owners located within a six hundred (600) foot radius of the proposed business location. 2018-19 Goals and Objectives The Location Change Request aligns with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City. Fiscal Impact Commercial Cannabis Business Permit applicants are required to pay an application fee to recover the City’s costs for processing. Conclusion It is recommended that the Mayor and City Council approve the location change for Nibble This, LLC. under CCB19-0001. Attachments Attachment 1 Zoning Verification Letter Application (ZVL) 19-0004 Attachment 2 Commercial Cannabis Business (CCB) 19-0001 Mayor and City Council previously approved CCB18-0032 on February 21, 2019. 6.a Packet Pg. 385 Attachment: CED.Nibble This Location Change.Staff Report (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 6.b Packet Pg. 386 Attachment: CED.Nibble This Location Change.Attachment 1_Redacted (6227 : Commercial Cannabis Business Permit Location Change 6.b Packet Pg. 387 Attachment: CED.Nibble This Location Change.Attachment 1_Redacted (6227 : Commercial Cannabis Business Permit Location Change Zoning: Commercial General—1 General Plan: Commercial APN: 0141-071-74 600’ Radius April 30, 2019 Radius Map 506 W. Inland Center Drive San Bernardino, CA 92401 Applicant: Nibble This LLC Radius Map/Labels: Quality Maps 263 W Olive Ave # 161 Burbank, CA 91502 (818) 588-7588 6.b Packet Pg. 388 Attachment: CED.Nibble This Location Change.Attachment 1_Redacted (6227 : Commercial Cannabis Business Permit Location Change COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION BY NIBBLE THIS LLC TO RELOCATE TO 506 W. INLAND CENTER DRIVE 6.c Packet Pg. 389 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- NIBBLE THIS LLC 2275 HUNTINGTON DRIVE, #311, SAN MARINO, CA 91108 ATTN: RAQUEL ORIGEL, MANAGING MEMBER Nibble This LLC | Permit Application Index 1 Index to Commercial Cannabis Business Permit Application by Nibble This LLC to Relocate to 506 W. Inland Center Drive Name of Document Section Cover Letter to Commercial Cannabis Business Permit Application 1 Awarded CCB Permit at 4130 N. Hallmark Parkway 1.A Commercial Cannabis Business Permit Application Form 2 Articles of Organization for Nibble This LLC 2.A Statement of Information for Nibble This LLC 2.B Operating Agreement for Nibble This LLC 2.C FEIN for Nibble This LLC 2.D Business Owner Background Information for Raquel Origel i. Government Issued Identification for Raquel Origel ii. Social Security Card for Raquel Origel iii. 2” x 2” Photographs for Raquel Origel iv. Live Scan Service Receipt for Raquel Origel v. Background Application Form for Raquel Origel vi. Background Check Waiver for Raquel Origel vii. Proof of Current Address for Raquel Origel 2.E Business Owner Background Information for Catherine Bilow i. Government Issued Identification for Catherine Bilow ii. Social Security Card for Catherine Bilow iii. 2” x 2” Photographs for Catherine Bilow iv. Live Scan Service Receipt for Catherine Bilow v. Background Application Form for Catherine Bilow vi. Background Check Waiver for Catherine Bilow vii. Proof of Current Address for Catherine Bilow 2.F Grant Deed for 506 W. Inland Center Drive 2.G Zoning Verification Letter for 506 W. Inland Center Drive 2.H List of Owners / Occupants within 600’ of 506 W. Inland Center Drive 2.I Labels for Owners / Occupants within 600’ of 506 W. Inland Center Drive 2.J Commercial Cannabis Business Permit Application Response 3 6.c Packet Pg. 390 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This LLC | Permit Application Index 2 Name of Document Section Appendix A - Applicant & Owner Community Recognitions 3.A Appendix B - Zoning Verification Letter for 506 W. Inland Center Drive 3.B Appendix C - Plans, Elevations, & Area Map for 506 W. Inland Center Drive 3.C Appendix D - Background Information for Naraly Corona 3.D Appendix E - Background Information for Sombath “Pete” Bon 3.E Appendix F - Proof of Capitalization for Nibble This LLC 3.F Appendix G - Background & Credentials for Leyth Daoud 3.G Appendix H - Fire & Life Safety Assessment for 506 W. Inland Center Drive 3.H Appendix I - Emergency Procedures Plan for Nibble This 3.I Appendix J - Background & Credentials for Dan Perez 3.J Appendix K - Security Plan for 506 W. Inland Center Drive 3.K 6.c Packet Pg. 391 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Section 1 NIBBLE THIS LLC 2275 HUNTINGTON DRIVE, #311, SAN MARINO, CA 91108 ATTN: RAQUEL ORIGEL, MANAGING MEMBER Nibble This LLC | Application Cover Letter 1 May 31, 2019 Community Development Department ATTN: Stephanie Sanchez 201 North E Street, 3rd Floor San Bernardino, CA 92401 Phone: (909) 384-7272 Fax: (909) 384-5155 RE: Cover Letter to Commercial Cannabis Business Permit Application by Nibble This LLC to Relocate to 506 W. Inland Center Drive. Dear City of San Bernardino and Ms. Stephanie Sanchez: On February 21, 2019, Nibble This LLC was awarded a Commercial Cannabis Business (“CCB”) Permit to operate a commercial cannabis microbusiness at 4130 N. Hallmark Parkway. See Enclosure #1 accompanying this letter. After much difficulty dealing with the property owner of 4130 N. Hallmark Parkway, whom happens to be suing the City over its CCB Permit selection process, Nibble This LLC seeks to relocate its CCB Permit to operate a commercial cannabis microbusiness from 4130 N. Hallmark Parkway to 506 W. Inland Center Drive. Accordingly, Nibble This LLC submits the following CCB Permit Application pursuant to Section 5.10.200(g) of the San Bernardino Municipal Code. Nibble This LLC looks forward to receiving the City’s response to its CCB Permit Application. Regards, /s/ Raquel Origel, Managing Member of Nibble This LLC Enclosure #1: Awarded CCB Permit at 4130 N. Hallmark Parkway 6.c Packet Pg. 392 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 290 North D Street, San Bernardino, CA 92401 | P: 909-384-5357 | www.SBCity.org Community & Economic Development March 20, 2019 Delivered via e-mail Original via U.S. mail Subject: Awarded Commercial Cannabis Business Permit Location: 4130 N. Hallmark Parkway Permit Type: Microbusiness Dear Nibble This, LLC: At the Mayor and City Council meeting of February 21, 2019, your business was awarded a Commercial Cannabis Business (CCB) Permit to operate in the City of San Bernardino, provided that you complete the planning and building process. The CCB will be awarded upon completion of the process. Per Chapter 5.10 of the San Bernardino Municipal Code (SBMC), the City Council’s approval is conditioned upon the applicant’s receipt of ALL required land use approvals or entitlements for the site (SBMC, § 5.10.180). No CCB Permit will be issued until those approvals or entitlements are issued. Additionally, pursuant to SBMC, § 5.10.180, the approval of the CCB Permit(s) does not create a land use approval or entitlement or serve as a building permit. Any physical changes that may have an environmental impact on the land use shall be evaluated separately and independently from the approval of any CCB Permits. All CCB Permit issuance shall be conditioned upon the applicant’s obtaining all required land use approvals, entitlements, and any necessary construction permits. Here are the next steps in the process: 1. Staff will review your location and business model to verify if any other Land Use Approvals or Entitlements are necessary. 2. Per SBMC, § 5.10.220, you may submit plans to the Building & Safety Division for any Tenant Improvements your location may need. In addition, a review of your plans will take place to verify compliance and consistency with your application for proposed changes and modifications to your location. 3. Please note that San Bernardino County Fire Department, San Bernardino County Health Department, City of San Bernardino Water Department and any other respective agency’s plan submittals are to be done separately at those respective offices. 6.c Packet Pg. 393 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- City of San Bernardino Page 2 of 2 Finally, as you may know, the City is currently defending two separate lawsuits challenging the City’s selection of applicants to receive CCB Permits. Most recently a judge reversed a decision to issue a temporary restraining order so the City is unrestricted in continuing to process the permits. However, the next court hearing is scheduled for March 26, 2019. While the City is confident in the integrity of the process to issue CCB Permits we cannot predict the final outcome of the litigation. You may wish to independently monitor the cases so you can make the business decision whether to proceed while the litigation is pending. Thank you, Stephanie Sanchez Community & Economic Development sanchez_stephanie@sbcity.org 6.c Packet Pg. 394 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Commercial Cannabis Business Permit Application Rev. 05/16/2018 1 Community Development Department - Planning Division Office: 201 North E Street, 3rd Floor Mail: 290 North D Street San Bernardino, CA 92401 P: (909) 384-7272 F: (909) 384-5155 www.sbcity.org Commercial Cannabis Business Permit Application Applications may be filed Monday through Thursday between the hours of 7:30 a.m. and 5:00 p.m. and Friday between the hours of 7:30 a.m. and 4:00 p.m. Project Address / Location: Assessor’s Parcel Number [APN]: Zoning District: General Plan Designation: APPLICANT NAME: Address: Phone: City: State: Zip Code: Email: PROPERTY OWNER NAME: Address: Phone: City: State: Zip Code: Email: APPLICATION TYPE: …New Business …Amended Application …Business Renewal …Change of Ownership COMMERCIAL CANNABIS BUSINESS PERMIT TYPE (Please select from one or more of the following categories): …Cultivation …Manufacturer …Retailer …Distribution …Microbusiness …Testing Lab OFFICE USE ONLY Date Filed: Previous Case: Case Number: Receipt Number: Fees: Submitted To: 506 W. Inland Center Drive, San Bernardino, CA 92408 0141-071-74 Commercial General - 1 Commercial Nibb le This LLC San Marino CA 91108 San Bernardino Realty Trust Santa Barbara CA 90815 DESCRIPTION OF PROJECT: Nibble This LLC is an investment start-up of Kate Bilow and Raquel Origel to open a chain of retail cannabis locations that will create a unique shopping experience that features a large assortment of high quality cannabis products, with the first two locations in the City of San Bernardino. Accordingly, Nibble This LLC applied for and was approved for a Commercial Cannabis Business Permit issued by the City of San Bernardino to engage in a commercial cannabis microbusiness consisting of a manufacturer, distribution, and a retailer at 4130 N. Hallmark Parkway, San Bernardino, CA 92407. Pursuant to Section 5.10.200(g) of the San Bernardino Municipal Code, Nibble This LLC seeks to relocate its Commercial Cannabis Business Permit to operate a commercial cannabis microbusiness consisting of a manufacturer, distribution, and a retailer from 4130 N. Hallmark Parkway, San Bernardino, CA 92407, to 506 W. Inland Center Drive, San Bernardino, CA 92408. DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 395 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Commercial Cannabis Business Permit Application Rev. 05/16/2018 2 PROJECT INFORMATION FORM Property Information: Square footage of subject property: Square footage of building: Hours of operation (proposed): Total number of employees (proposed): Business Information: Business Name: Business Address: Website Address (if applicable): Business E-mail Address (if applicable): Community Relations Contact: Name: Phone: Title: Email: 11,761 square feet 3,622 square feet Monday through Sunday 9:00 am to 11:00 pm, with public operations 10:00 am to 10:00 pm 7 employees Nibble This LLC Raquel Origel Managing Member Environmental Information (Attach additional sheets as necessary): Describe how the proposed project complies with the requirements of the California Environmental Quality Act & CEQA Guidelines: Will any permits be required from agencies other than the City (including a Hazardous Materials Business Plan): Will the project use, store, or dispose of potentially hazardous chemicals, materials, toxic substances, flammables or explosives: No. The Applican t WILL NO T conduct cultivatio n or volatil e manufac turing, and, the refore, will not use haza rdous ma terials on the subject property. The Applicant will adopt all feasible measures to mitigate the potential environmental impact. Those measures include the use of hybrid vehicles for delivery, LEED building certification, Green Business Certification, and giving preference to vendors who demonstrate that they are making every effort to reduce their overall carbon footprint. Finally, it is the intention of the applicant to slowly convert to solar power over a 2-5 year period. Nibble This LLC is committed to the environment. Further evidence of this can be found Section 4 of our Application Response. As good moral stewards, Nibble This LLC believes there is no good reason to not take this into account during construction and for long-term operations. San Bernardino can count on Nibble This LLC to set a role model for green business practices. Building Permit, Mechanical Permit, Electrical Permit, and Plumbing Permit. Since the Applicants WILL ONLY operate a non‐ volatile manufacturing operation, it will not use any hazardous materials. As such and since NO cultivation or volatile manufacturing will be involved in the Applicant’s commercial cannabis microbusiness, there is no need for a Hazardous Materials Business Plan. N/A N/A DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 396 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Commercial Cannabis Business Permit Application Rev. 05/16/2018 3 PROJECT INFORMATION FORM Other Required Information (Attach additional sheets as necessary): List any person(s) who will be engaging in the proposed commercial cannabis business that have been convicted of a felony or have engaged in misconduct that is substantially related to the qualifications, functions or duties of a commercial cannabis business activity. Please keep in mind that a conviction within this section means a plea or verdict of guilty, or a conviction following a plea of no contest: Burbank Elementary School, 198 W. Mill Street, San Bernardino, CA 92408 SOAR Charter Academy, 198 W. Mill Street, San Bernardino, CA 92408 Provide the name and address of the closest existing alcohol related establishment(s) to proposed business location: National O range Sho w Event C enter, 689 S. E Street, Sa n Bernardi no, CA 924 08 Brandin' Iron, 320 S. E Street, San Bernardino, CA 92401 Description of neighborhood around the proposed location (surrounding uses, nearby sensitive uses (such as schools, youth centers churches, parks, daycare centers, or libraries), transit access to site, etc.): No owner of Nibble This LLC has been convicted of a felony or having engaged in misconduct that is substantially related to the qualifications, functions or duties of a commercial cannabis business activity. List whether, the applicant(s) has other licenses and/or permits issued to and/or revoked from the applicant, in the three years prior to the year of the permit application, such other licenses and or permits relating to similar business activities as in the permit application. If yes, please list the type, current status, issuing/denying for each license/permit: Nibble This LLC submitted a Commercial Cannabis Permit Application to the City of San Bernardino for a commercial cannabis microbusiness consisting of a manufacturer, distribution, and a retailer at 4130 N. Hallmark Parkway, San Bernardino, CA 92407, that was approved on February 21, 2019, and is now subject of this Commercial Cannabis Permit Application to transfer locations to 506 W. Inland Center Drive, San Bernardino, CA 92408. Nibble This LLC also submitted a Commercial Cannabis Permit Application for a commercial cannabis microbusiness consisting of a manufacturer, distribution, and a retailer at 1181 S. E Street, San Bernardino, CA 92408, that was also approved on February 21, 2019, and which is currently pending approval of building permits. Provide the name and address of the closest school(s) to propose d business location: T ri - City County Community School, 244 S. D Street, San Bernardino, CA 92401 The Facility is located on a blighted corner across the street from the National Orange Show Event Center in the City's commercial corridor in the western portion of the City along South E Street. The are no "hard" sensitive uses in the vicinity (i.e., 600 feet) of the Facility. There is a religious facility located approximately 350 feet northeast of the Facility, Iglesia Alcance Victoria, 441 S. E Street, San Bernardino, CA 92401, which the Applicant has met with to discuss supporting the church's mission. DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 397 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Commercial Cannabis Business Permit Application Rev. 05/16/2018 4 APPLICATION SUBMITTAL REQUIREMENTS The following items shall be submitted with all applications (2 physical copies and 1 electronic copy): …Copy of the completed Zoning Verification Letter issued by the City …Completed Application Form …Filing Fee …Site Plan (see below for requirements) …Floor Plan (see below for requirements) …Elevations (photographs may be provided) …Photographs of existing site …Area Map (see below for requirements) …Business Owner(s) Background Information (see below for requirements) …Supplemental Evaluation Criteria (see below for requirements) …Mailing list identifying all owners of property located within 600 feet of the proposed business location …Mailing labels identifying all owners of property located within 600 feet of the proposed business location …Community Relations submittal requirement: Mailing Labels identifying all businesses and owners of property located within 100 feet of the proposed business location (Note: Incomplete applications will not be accepted) Business Owner(s) Background Information: (All owners, managers and supervisors of the proposed business shall provide the following information) …Proof of submittal of Live Scan fingerprints to San Bernardino Police Department …Photograph (2” x 2”) – 2 Sets …Copy of valid government issued photo identification …Copy of Social Security Card …Proof of current address Supplemental Evaluation Criteria: (All information shall be provided as required in Application Procedure Guidelines for Commercial Cannabis Businesses) …Air Quality Plan …Environmental Impact Mitigation Plan …Inventory Control and Storage Practices …Local Enterprise Plan …Neighborhood Compatibility Plan …Quality Assurance Practices …Safety and Security Plan …Sustainable Business Practices …Organizational Structure (Including all owners, managers and supervisors) of the proposed business …Copy of Articles of Incorporation, by-laws, partnerships agreements, and/or other documentation identifying the Organizational Structure of the proposed business DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 398 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Commercial Cannabis Business Permit Application Rev. 05/16/2018 5 APPLICATION SUBMITTAL REQUIREMENTS Supplemental Evaluation Criteria (Continued): (All applicants proposing to establish a commercial cultivation business shall also provide the following information) …Cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, and a description of the cultivation activities (indoor, mixed-light) and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting (indoor, mixed-light) …Description of a legal water source, irrigation plan, and projected water use …Identification of the source of electrical power and plan for compliance with applicable Building Codes and other related codes …Plan for addressing odor and other public nuisances that may derive from the cultivation site Site Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): ƒNorth arrow, drawing scale, date of preparation and name of plan preparer ƒDimensions of subject property – including square footage ƒDimensions and names of all adjacent streets and public rights-of way ƒLocation and dimensions of all buildings and structures – including square-footage ƒLocation and dimensions of landscaped areas ƒLocation of all parking areas and driveways and means of ingress and egress ƒLocation and dimensions of all handicap parking spaces, ramps, curb ramps and signs ƒLocation and dimensions of handicap-accessible Path of Travel to building entrance, sidewalks and interior walks ƒUses for all buildings and structures indicated on the site plan Floor Plan [1/4” = 1’ minimum] (shall contain a minimum of the following information): ƒNorth arrow, drawing scale, date of preparation and name of plan preparer ƒLocation and dimensions for means of ingress and egress ƒSquare footage of all interior spaces ƒProposed uses of all interior spaces Area Map (shall contain a minimum of the following information): ƒLocation of subject property ƒLocation of all highways, streets and alleys within a distance of 600 feet from the exterior boundaries of the subject property ƒLocation of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property ƒThe Area Map shall identify the existing uses of all lots and parcels of land within a distance of 600 feet from the exterior boundaries of the subject property on the map All sets of plans must be collated and folded to a minimum size of 8.5” X 11” and a maximum size of 8.5” X 14” DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 399 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Commercial Cannabis Business Permit Application Rev. 05/16/2018 6 AUTHORIZATION FORM APPLICANT CERTIFICATION I hereby certify, under penalty of perjury, on behalf of myself and all owners, managers and supervisors identified in this application that the statements and information furnished in this application and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. I understand that a misrepresentation of fact is cause for rejection of this application, denial of the permit, or revocation of a permit issued. In addition, I understand that the filing of this application grants the City of San Bernardino permission to reproduce submitted materials, including but not limited to, plans, exhibits, and photographs, for distribution to staff, Commission, Board, and City Council Members, and other Agencies in order to process the application. Nothing in this consent, however, shall entitle any person to make use of the intellectual property in plans, exhibits and photographs for any purpose unrelated to the City's consideration of this application. Furthermore, by submitting this application I understand that agree that any business resulting from an approval shall be maintained and operated in accordance with requirements of the City of San Bernardino Municipal Code and state law. Name Signature Title Date Raquel Origel Managing Member of Nibble This LLC 05/31/2019 DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 400 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- DocuSign Envelope ID: B02E6881-57B3-476C-A736-DF965DB752D4 6.c Packet Pg. 401 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19-           !"#$%&'(')(   #)!***********************#( #) !+$(,(-!# (!(# .%%$&#/(/"!(!'(, """!!!0'!0((/""0'!01 2   3 2  # !!'"  (/(!")   "!(4( 2  # !! !!//"(!'5(, !(!  !(/(!(!!1  2 6 #,!(((' !"")3   - 7  %1%  !" !6!(!(,'"  ( /(!")  "!()""'!(,/(!(("3   8(!(!'(,!!!0  (091 %1   (""(,,(""(/ !(((('(/! ! !(/!'!,(!1    - 66 - 1% !,!  ((  "!()""'" +$(,(-!# (!(# .%%$&1  (!#!)(! )/  "!(#'!,(!'/(  ( !:/!1!,!  (!:/!' 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Inland Center Drive San Bernardino, CA 92401 Applicant: Nibble This LLC Radius Map/Labels: Quality Maps 263 W Olive Ave # 161 Burbank, CA 91502 (818) 588-7588 6.c Packet Pg. 416 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive COMMERCIAL CANNABIS BUSINESS PERMIT APPLICATION RESPONSE 6.c Packet Pg. 417 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 1 TABLE OF CONTENTS 1 Qualifications of Owners/Principals ..................................................................................................... 4 1.1 Founder, Raquel Origel ............................................................................................................. 4 1.2 Founder, Kate Bilow ................................................................................................................. 4 1.3 History of Philanthropy ............................................................................................................. 5 1.4 Location ..................................................................................................................................... 7 2 Neighborhood Compatibility Plan ........................................................................................................ 8 3 Air Quality ............................................................................................................................................ 9 3.1 Overview ................................................................................................................................... 9 3.2 HEPA Filters ............................................................................................................................. 9 3.3 Active Carbon Filters .............................................................................................................. 10 3.4 Ozone Generator ...................................................................................................................... 10 4 Environmental Impact Mitigation ....................................................................................................... 11 4.1 Environment Overview ........................................................................................................... 11 4.2 Solar Power ............................................................................................................................. 11 4.3 LEED Building Certification ................................................................................................... 11 4.4 Green Business Certification ................................................................................................... 11 4.5 Vendor Selection ..................................................................................................................... 11 4.6 Vehicles ................................................................................................................................... 12 5 Local Enterprise .................................................................................................................................. 12 5.1 Staffing Plan & Organization Chart ........................................................................................ 13 5.2 HR Policies .............................................................................................................................. 19 6 Business Plan ...................................................................................................................................... 21 6.1 Nibble Overview ..................................................................................................................... 21 6.2 Exterior Vision ........................................................................................................................ 22 6.3 Interior Vision ......................................................................................................................... 23 6.4 Construction Improvements .................................................................................................... 25 6.5 Project Commencement Timeline ........................................................................................... 25 6.6 Storefront Retailer with Delivery – Operations ....................................................................... 26 6.7 Manufacturing – Operations .................................................................................................... 32 6.8 Distribution Services – Operations .......................................................................................... 40 6.9 Inventory Procedures ............................................................................................................... 49 7 Enhanced Product Safety .................................................................................................................... 53 7.1 Meeting Consumer Needs ....................................................................................................... 53 7.2 Location ................................................................................................................................... 53 7.3 Accessibility ............................................................................................................................ 53 7.4 Cannabis Testing – Sample Collection .................................................................................... 54 7.5 Accepting Complaints ............................................................................................................. 55 8 Safety Plan .......................................................................................................................................... 57 8.1 HVAC Systems ....................................................................................................................... 57 8.2 Safety Resources ..................................................................................................................... 57 8.3 Cleaning Procedures ................................................................................................................ 63 9 Security Policies and Plan .................................................................................................................. 65 6.c Packet Pg. 418 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 2 9.1 Guards ..................................................................................................................................... 65 9.2 Third-Party Monitoring ........................................................................................................... 65 9.3 Video Maintenance .................................................................................................................. 66 9.4 Alarm Testing .......................................................................................................................... 66 9.5 Maintenance and Testing ......................................................................................................... 66 9.6 Procedural Security: Incident Management and Emergency Response .................................. 67 9.7 Outside Partnerships: Liaising with Community and Local Law Enforcement. ..................... 67 9.8 Preventing Theft & Non-Diversion ......................................................................................... 67 9.9 Prohibiting On-Site Consumption ........................................................................................... 69 9.10 Incident Log ............................................................................................................................ 69 9.11 Suspicious Activity and Loitering ........................................................................................... 69 9.12 Safety Training and Drills ....................................................................................................... 69 9.13 Confidential Information Security ........................................................................................... 73 9.14 Visitor Security........................................................................................................................ 73 9.15 3rd Party Contractor Security .................................................................................................. 73 9.16 Maintenance of Incident Log .................................................................................................. 73 9.17 Lighting ................................................................................................................................... 74 9.18 Perimeter Security ................................................................................................................... 74 9.19 Video Surveillance .................................................................................................................. 75 9.20 Camera Coverage and Camera Placement .............................................................................. 75 9.21 Internal Access-Point Control ................................................................................................. 76 9.22 Limited Access to Secured Areas and Visitors ....................................................................... 76 9.23 Intrusion and Motion Detection............................................................................................... 76 9.24 Burglary Alarm System ........................................................................................................... 77 9.25 Securing Data .......................................................................................................................... 78 9.26 Transportation Security ........................................................................................................... 78 9.27 Technology .............................................................................................................................. 79 9.28 Monitoring Equipment ............................................................................................................ 80 9.29 Transportation Management System ....................................................................................... 81 10 Community Benefits ........................................................................................................................... 82 10.1 Meeting Consumers’ Needs .................................................................................................... 82 10.2 Location ................................................................................................................................... 82 10.3 Economic Impact ..................................................................................................................... 83 10.4 Community Impact Initiatives ................................................................................................. 83 10.5 Gauging Effectiveness ............................................................................................................. 86 6.c Packet Pg. 419 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 3 APPENDICES Appendix A – Applicant & Business Owner Community Recognitions Appendix B – Zoning Verification Letter for 506 W. Inland Center Drive Appendix C – Plans, Elevations, & Area Map for 506 W. Inland Center Drive Appendix D – Background Information for Naraly Corona Appendix E – Background Information for Sombath “Pete” Bon Appendix F – Proof of Capitalization for Nibble This LLC Appendix G – Background & Credentials for Leyth Daoud Appendix H – Fire & Life Safety Assessment for 506 W. Inland Center Drive Appendix I – Emergency Procedures Plan for Nibble This Appendix J – Background & Credentials for Dan Perez Appendix K – Security Plan for 506 W. Inland Center Drive 6.c Packet Pg. 420 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 4 1 QUALIFICATIONS OF OWNERS/PRINCIPALS 1.1 FOUNDER, RAQUEL ORIGEL Raquel Origel holds a Bachelor of Science in Business Administration and Accounting from the University of California, Riverside. Raquel is a seasoned Professional boasting nearly 20 years of experience in Human Resources, Accounting, and Audit. Her background in Business Administration and Accounting will equip the business with the essential tools needed to manage a highly-regulated industry. In addition to this experience, Raquel is known for her entrepreneurial spirit. She managed several successful ventures, including rental businesses in import/export, real estate, ecommerce, and her most recent venture Hire On. Hire On is a talent acquisition company who specializes in finding the right candidates for employers. Operating successfully for the past 2 years, Raquel is regarded by her clients as a trusted resource and the “go to” for talent acquisition. With her imitative, resilience, and persistence, Raquel has been able to overcome extreme poverty. Motivated by her humbled upbringing, Raquel is passionate about driving and infusing change into the community. She intends on using her talents to influence local and national charities that fight poverty, human trafficking, and to heal and empower other souls who have fallen victim to cultural and economic desperation. Given Raquel’s breadth of experience, she will be an asset to operating a commercial cannabis facility in the City of San Bernardino. With the collective vision of Raquel and Kate, they will create a commercial cannabis business that will positively impact the clients, employees, and community. 1.2 FOUNDER, KATE BILOW Kate Bilow is an entrepreneur, dedicated to higher-education, and a philanthropist. Her vast start-up portfolio includes photography, real estate, dentistry, and e-commerce experiences. Her first endeavor was opening Expressions by Kate, which was a successful photography business that specialized in family and commercial photography. In 2010, Kate founded Shrewsbury Investments, a commercial real estate investment firm. She continues to manage Shrewsbury and the company focuses on commercial investment properties, land acquisition, and rental property management. Kate managed the property acquisition and interior design of NJ Dentistry where she continues to serve as the Practice Administrator. Finally, Kate is a partner on Bilowzon, LLC which is top rated e-commerce business selling toys and novelty items. Committed to higher education, Kate has been part of a 3-year journey with Tony Robbin’s under his Platinum Partnership Program. This program focuses on Global Business, Finance, and Investment education and included international travel with Tony Robbins. Classes were taught by moguls such as Harry Dent, John Paulson, Paul Tudor Jones, Peter Diamandis, Michael Smorch, Alan Greenspan, and Bill Clinton. She has also undergone Neuroscience Training with Dr. Joe Dispenza and Body Language Training with Jan Hargrave. Finally, she studied sales, client service, clientele acquisition, and sales growth at the Schedule Institute. 6.c Packet Pg. 421 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 5 Kate is devoted to sharing her good fortune with those around her and spends much of her free-time committed to community service locally and internationally. Just to name a few, since 2009, she has participated in the Basket Brigade which collects food for hundreds of local families. NJ Dentistry is a sponsor for Dentistry from the Heart, an organization that provides dental care to those in need. In Brazil, Kate helped build a sewage system for a primary school in a remote village. In New Zealand, her team built sustainable gardens and provided funding for another primary school. Finally, in India, Kate volunteered and provided funding to an orphanage in Chennai. Kate’s background and ability to succeed in different types of businesses will allow Nibble This to act as a pillar in the San Bernardino community. Her unique skills correlate directly to the commercial cannabis industry, in that she will be able to ensure the business runs smoothly, effectively and compliantly. It is with this collection of experiences that will ensure Kate’s success in her future endeavors. She has the knowledge and experience to design a commercial cannabis retail experience that will wow her clients and ultimately, positively impact the community around her. 1.3 HISTORY OF PHILANTHROPY As evidenced in the bios, Kate & Raquel are committed philanthropists. Some of Kate’s achievements date back as far as 2009. The City of San Bernardino can expect that they bring the same love of humanity to the community that they have already demonstrated at a global and national level. Specific details regarding their plans for San Bernardino can be found in Section 10. However, the founders believes it is important to see their work in action. Below are images from the many community events that Kate has participated in. With the combined passion of Kate and Raquel, these ladies truly see this new business as an opportunity to take healing, philanthropy, and giving to the next level. It is their intention to donate 2%-5% of proceeds annually to local programs to ensure that cannabis profits genuinely are re-invested into the community. 6.c Packet Pg. 422 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 6 6.c Packet Pg. 423 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 7 To illustrate further, please see the Nibble This LLC’s and its Business Owners Community Recognitions attached as Appendix A. 1.4 LOCATION The application should include the following: 506 W. Inland Center Drive, San Bernardino, CA, 92408 It is the understanding of the Applicant, Nibble, that there are no nearby sensitive use properties. This can be confirmed by the Zoning Verification Letter attached as Appendix B. 6.c Packet Pg. 424 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 8 Nibble’s Plans, Elevations, & Area Map for 506 W. Inland Center Drive is attached as Appendix C. 2 NEIGHBORHOOD COMPATIBILITY PLAN The application should include the following: Describe how the business, including its exterior areas and surrounding public areas, will be managed so as to avoid becoming a nuisance or having impacts on its neighbors and the surrounding community. • Additional factors for consideration are religious institutions or libraries located within a six- hundred (600) foot radius of the proposed CCB. Nibble seeks to be an asset and a beneficial resource for the surrounding community. As a good neighbor, we will seek neighborhood and other necessary input through every phase of our operation, beginning with the build out and construction phase. If we have not by the time you are reading this met with representatives from the Building Department, Fire Marshal's Office, Parking & Traffic Enforcement, Public Works Agency, and the Police Department to evaluate and abate any potential public safety/nuisance violations, we will soon. We also believe that being a good neighbor requires that we work to improve the neighborhood. Some of the public improvements we plan to address are: • Access Improvements • Landscape Improvements • Lighting Improvements • Code Compliance • Neighborhood Safety 6.c Packet Pg. 425 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 9 Finally, we will take all efforts to mitigate noise, odor, and pollution/waste, and will address nuisances, including limiting foot and car traffic. 3 AIR QUALITY 3.1 OVERVIEW Nibble is aware that cannabis products can create undesirable noxious odor, Nibble intends on mitigating to prevent any nuisance to the surrounding community. Nibble has selected odor control equipment and ventilation systems that will ensure that all cannabis inside the facility has little or no detectable odor from the exterior of the building. Two independent air-filtration technologies and one type of air purification device will be utilized to destroy air-borne pathogens and eliminate cannabis odor inside and outside of the facility. 3.2 HEPA FILTERS High-Efficiency Particulate Air (HEPA) filters provide a very high level of filtration efficiency for small and large particulate contaminants and are widely applied in air filtration and air purification applications to control airborne particulate levels. A filter must capture a minimum of 99.97% of contaminants at 0.3 microns in size in order to meet U.S. standards for HEPA classification. HEPA filters are even more efficient in removing particles that are smaller than 0.3 microns and larger than 0.3 microns. All mechanical air-handling units in the facility will be outfitted with commercial HEPA filters. These filters will serve all spaces and will be used not just for odor control, but to assist in mitigating environmental contaminants by catching airborne particulates, infectious agents, and pests, if present. HEPA filters will be added on the return side of all air-handling units serving the facility. In addition, ultraviolet light emitters will be installed ahead of these HEPA filters in the return duct, which will aid in the destruction of additional microorganisms in the room air. Filters will be replaced in accordance with manufacturer’s recommendations. 6.c Packet Pg. 426 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 10 3.3 ACTIVE CARBON FILTERS Carbon filtration is a type of filtration in which activated carbon (i.e., charcoal) is used to remove contaminants, impurities, and odors through the process of chemical adsorption. As odor-producing gases come in contact with the activated carbon in the filter, they are adsorbed, trapped and held in 179 millions of microscopic carbon pores. Impurities and odors will be greatly reduced, as all exhaust air will pass through the active carbon filters prior to discharge from the building and into the atmosphere. Nibble will install active carbon filters at all air exhaust points from the facility, ensuring that cannabis odor particles in the air leaving the facility will be trapped. Active carbon filters were selected because of their improved ability over particulate filters, such as HEPA, to remove extremely small particulates (<.01 microns) like vapors and gases and because they are well-known to be useful for safely removing odors. Active carbon filters stop working as soon as all of the potential bonding sites are filled, so periodic replacement of the filters will be critical. The General Manager will be responsible for replacing the carbon filters as directed by the manufacturer. 3.4 OZONE GENERATOR Ozone generators produce ozone (O3), which attaches to odors, mold, mildew, bacteria, microorganisms, and other pollutants in a space, if present, and oxidizes them. This process purifies the air and leaves the space odor and contaminant free. If all ozone molecules are not used in oxidation, they then convert back to normal oxygen (O2) after about an hour. Ozone generators are effective at eliminating strong odors and contaminants such as mold spores in contained non-occupied spaces, but are not approved for use in occupied spaces due to potential health hazards in very high concentrations. Though high concentrations of ozone will not be generated, commercial ozone generators will be installed and used only in non-occupied spaces in the facility in order to comply with federal regulations of ozone and promote agent safety. Nibble plans to install commercial stationary ozone generator units in non-accessible and non-occupied open spaces above rooms. These generators are designed specifically for use in unoccupied spaces. Non- accessible open spaces will be built in above the ceilings in facility areas to accommodate ozone generators. Ozone generators will be set between 0.03 ppm and 0.10 ppm to ensure safe levels of ozone are maintained at all times, and will be maintained in accordance with manufacturer’s recommendations. 6.c Packet Pg. 427 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 11 4 ENVIRONMENTAL IMPACT MITIGATION 4.1 ENVIRONMENT OVERVIEW Nibble aims to become an industry role-model for initiative and innovation in environmentally-responsible business development. While a retail location does not disproportionally over-use energy, we are aware that the products we source for our menu may. Whether it is ingredients for our food or our supply of cannabis products, Nibble will actively seek out vendors who practice sustainable agriculture with techniques used to protect the environment, public health, human communities, and animal welfare. Additionally, to demonstrate our commitment to the green model, Nibble plans to obtain LEED Building Certification, and Green Business Certification. Nibble believes there is simply no good reason not to invest in sustainable practices and build such practices into the costs of operation. 4.2 SOLAR POWER Nibble is working with local solar power vendors to craft a phased approach to a fully solar powered facility over the next 3-5 years, scaling up in parallel with company growth. Our goal is to be a fully solar-powered facility within the next 3 to 5 years. 4.3 LEED BUILDING CERTIFICATION Our building will be renovated to be a LEED-certified building, using resources more efficiently when compared to other conventional buildings simply built to code. Our LEED certified building will provide healthier work and living environments, which contribute to higher productivity and improved client and worker health and comfort. The benefits will range from improved air and water quality to reduced solid waste. 4.4 GREEN BUSINESS CERTIFICATION The certification recognizes businesses and government agencies that operate in an environmentally responsible way. The County provides assistance to help businesses comply with environmental regulations, and then to go beyond compliance to conserve energy, water, and other resources, and to reduce pollution and waste. 4.5 VENDOR SELECTION Nibble realizes that progressive companies must integrate sustainability and quality into their everyday operations. Therefore, to protect the integrity of the company and brand image, Nibble will take vendor selection very seriously. We believe that we must be role models in the community for a smart selection of products that are organic in nature and come from sustainable agricultural practices. To ensure that Nibble meets this goal, we will look for the following categories for each of our product suppliers: 1. Local vendor and/or vendor from a community – preference for low income communities 2. Evidence of sustainable agricultural practices 3. Ability to meet the demand 4. We also will target vendors who are minorities. 6.c Packet Pg. 428 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 12 4.6 VEHICLES As a final commitment to green business practices, at the onset of operations, Nibble will invest in 2 hybrid Toyota Prius vehicles, to minimize the environmental impact of our transportation fleet. 5 LOCAL ENTERPRISE Describe to what extent the CCB will adhere to heightened pay and benefits standards and practices. Specific practices that are subject to consideration include the following: • Providing compensation to and opportunities for continuing education and training of employees/staff; • The application should state the extent to which the CCB will be a locally managed enterprise whose Owners/Principals reside within the City and/or within San Bernardino County. Nibble is committed to fostering, cultivating and preserving a culture of diversity and inclusion. Diversity initiatives are applicable—but not limited—to our practices and policies on recruitment and selection; compensation and benefits; professional development and training; promotions; transfers; social and recreational programs; layoffs; terminations; and the ongoing development of a work environment built on the premise of gender and diversity equity that encourages and enforces: • Respectful communication and cooperation between all employees. • Teamwork and employee participation, permitting the representation of all groups and employee perspectives. • Work/life balance through flexible work schedules to accommodate employees’ varying needs. Nibble is determined to hire primarily San Bernardino residents to staff our facility. We have already engaged two San Bernardino residents, Naraly Corona and Pete Bon, to take on managerial roles in our facility. Naraly Corona is an experienced retail professional, currently working in Newport Beach. She recently accepted a similar position in San Bernardino, to be able to work closer to home. She is pursuing a degree at Orange Coast College, and is transferring to Cal State University San Bernardino (CSUSB) where she plans to major in Psychology. This field interests her in part because of the advances being made in research on the psychological benefits of cannabis in treating a variety of mental and emotional conditions, including PTSD. See Appendix D for further details on Naraly Corona’s background. Sombath “Pete” Bon is a native of San Bernardino, having graduated from Arroyo Valley High School in 2008. He is a bonded and experienced security professional, and has worked as a Supervisor at Supreme Force Services since 2014. He brings his deep knowledge of the San Bernardino community and his skills and integrity as a security professional to enhance Nibble's security planning, hiring, training and incident response. See Appendix E for further details on Pete Bon’s background. 6.c Packet Pg. 429 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 13 5.1 STAFFING PLAN & ORGANIZATION CHART 5.1.1 Living wage As good moral stewards, it is crucial to Nibble that all employees are taken care of through compensation and benefits. The minimum wage of a full-time employee will be $40,000. This is 246% above the Federal Poverty Level Guidelines set forth for a 2-person household. We will offer annual employee reviews where increases to compensation will be awarded based on employee performance. Source: https://www.zanebenefits.com/blog/2017-federal-poverty-level-guidelines 5.1.2 Compensation Package Salary or wages will be paid to each employee, and Nibble This will document any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with Nibble This, including members of a non‐profit corporation, if any. 5.1.2.1 Employee Classification At Nibble This, employees are classified as follows: Full‐Time Employee: Employees are considered Full Time if they are regularly scheduled and normally work 37 or more hours in a work week. Full‐Time Employees may occasionally work less than 37 hours in a work week, this is not an indication of change to part‐time status. Part‐Time Employee: Employees are considered Part Time if they are regularly scheduled to work and normally work less than 37 or more hours in a work week. Part‐Time Employees may occasionally work more than 37 hours in a work week, this is not an indication of change to full‐ time status. Non‐Exempt Employee: Non‐Exempt (Hourly) Employees are entitled to overtime pay as required by applicable federal and state law. Nibble This provides compensation for all overtime hours worked by Non‐Exempt Employees in accordance with state and federal laws. Non‐exempt employees must use the time clock to keep a daily record of hours worked. Exempt Employee: Exempt (Salaried) Employees are not entitled to overtime pay. Exempt Employees who work hours beyond their normal work schedule will not be paid overtime. They are requested to account for all days worked and all time off. 5.1.2.2 Time Keeping Non‐Exempt Employees: Non‐exempt, or Hourly, employees are required to accurately record hours worked using the time clock, and proper time clock procedures. They must use the time clock upon arrival for a scheduled shift, to record all meal and rest breaks, and upon completion of a scheduled shift. Under no circumstances should an employee clock in for another employee. Any employee who fails to follow these guidelines will be subject to disciplinary action up to and including immediate discharge. Exempt Employees: Exempt, or Salaried, employees may be required to accurately record their time worked in accordance with federal and state wage and hour law. 5.1.2.3 Overtime On occasion overtime is required for business operations. Non‐exempt employees may work overtime, only as approved or directed by their supervisor. Employees will be paid according to state and federal overtime law. 6.c Packet Pg. 430 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 14 5.1.2.4 Anti‐Discrimination Policy Nibble This is committed to providing employees a workplace free of discrimination. We will not discriminate against employees or applicants for employment . It is a violation of this policy to discriminate in the provision of employment opportunities, benefits or privileges; to create discriminatory work conditions; or to use discriminatory evaluative standards in employment. Any employee who believes that (s)he has experienced or observed a violation of this policy should report the situation immediately utilizing the Complaint Procedure identified in this Employee Handbook. Violations of this policy may result in disciplinary action, up to and including discharge. 5.1.2.5 Payday The workweek starts on Saturday and ends on Friday. Employees will be paid every two weeks on Friday for the period that ends on the previous Friday. When a payday is a holiday, paychecks will be issued on the first working day after the holiday. Concerns about a payroll error, should be reported immediately to the supervisor. 5.1.2.6 Paycheck Deductions Nibble This is required to make lawful deductions from employee earnings each pay period. Deductions typically include federal and Social Security (FICA) taxes. An employee's benefits selection may incur additional deductions. Deductions are listed on the employee's pay stub and are totaled each year on the employee's Form W‐2, Wage and Tax Statement. Paycheck Deductions for Exempt Employees: Nibble This will honor salary pay rules issued by the U.S. Department of Labor and any corresponding rules issued by the state government, as applicable. The company may make permitted deductions under federal and state wage and hour rules. Employees will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by law. Thus, exempt employees may be subject to the following salary deductions, except where prohibited by state law, but only for the following reasons: • Absences of one or more full days for personal reasons, other than sickness or disability; or • Absences of one or more full days due to sickness or disability, if there is a plan, policy, or practice providing replacement compensation for such absences; or • Absences of one or more full days before eligibility under such a plan, policy, or practice or after replacement compensation for such absences has been exhausted; or • Suspensions for an entire work week for violations of written workplace conduct rules, such as rules against sexual harassment and workplace violence; or • Payment of actual time worked in the first and last weeks of employment, resulting in a proportional rate of an employee's full salary; or • Negative vacation balances, in whole‐day increments only. If questions or concerns about any pay deductions arise, employees may discuss and resolve them with the general manager. Garnishments and Child Support: Nibble This is legally bound to withhold employee earnings when an employee's wages are garnished by a court order. The company will honor applicable federal and state guidelines that protect a certain amount of an employee's income from being subject to garnishment. 6.c Packet Pg. 431 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 15 5.1.2.7 Reporting Time Pay Nibble This will make every effort to notify employees in advance when it is not necessary to report to work. These circumstances may include inclement weather, fire, flood, power outage, lack of work, etc. In the event an employee reports for work without being notified in advance that their services are not needed, they will be compensated in accordance with applicable state and federal wage and hour laws. 5.1.2.8 Direct Deposit Employees will be paid via direct deposit. Employees may set up direct deposits through their employee portal. 5.1.2.9 Rehired Employees Employees rehired within 60 days of their last separation date will be eligible to continue their length of service. Continuing their length of service allows the previous time the employee spent working for Nibble This to be counted towards the calculation and eligibility to participate in certain benefits, and Vacation Time accruals 5.1.2.10 Employee Anniversary Date An employee's first day reporting to work will be recorded in company records as their anniversary date. This date may be used to calculate many different company benefits. 5.1.2.11 Performance Evaluations Continual growth of our employees is key to the success of the Cultivation Facility. When it comes to performance improvement, Nibble This will work with compassion and a commitment to coach and develop each staff member to improve their performance. Upon hire, employees will meet with their supervisor to review their job descriptions. The supervisor will communicate the expectation of the employee and review how their performance will be evaluated during their first 90 days of employment. Employees will receive a review after their first 90 days. Personalized Performance Improvement Plans (PIPs) may be used to supplement employee communications outside of the review period if an employee has not fulfilled the job description of their position, despite going coaching. Progressive disciplinary actions will be used if an employee fails to follow company policies or departmental procedures. Typically, an employee at will: 1) receive a verbal warning to correct the behavior, 2) if the behavior persists, receives a written warning, 3) if the behavior persists, receive a final warning, and 4) if the behavior persists, be discharged. However, some employee conduct may result in a different path of disciplinary action, depending on the circumstances. Each situation will be looked at individually and the circumstances and severity will be considered when deciding the appropriate disciplinary action. Nothing in this policy shall limit the right to terminate employment at‐will. We believe clear communications of expectations and timely feedback and coaching ensures disciplinary actions will be minimal and effective. 6.c Packet Pg. 432 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 16 5.1.3 Personnel Records We will maintain personnel records for each employee, agent, or volunteer that includes: 1. Application for employment 2. Payroll authorization form 3. Notices of commendation, warning, discipline, and/or termination 4. Notices of layoff, leave of absence, and vacation 5. Notices of wage attachment or garnishment 6. Education and training notices and records 7. Performance appraisals/reviews 5.1.4 Interview Process Prospective employees should be brought in for an interview to assess the candidates. The first interview will be a general conversational style interview, lower pressure, more of a “meet and greet.” We are looking for candidates who are easy communicators, people with the natural ability to hold a conversation and keep us interested. Some of the traits Nibble is looking for are: 1. The candidate speaks well, holds a conversation, is not awkward. 2. The candidate is naturally friendly and good natured. 3. The candidate is energetic/passionate. 4. The candidate seems to enjoy talking/interacting people. 5. The candidate is magnetic. 6. The candidate is welcoming. 7. The candidate makes us feel listened to. 8. The candidate is professional and mature. 9. Do we trust the candidate? Do we believe that this person will guide us to what we really need, or do we feel “sold?” If managers are suitably impressed, the second interview will be held to help determine the aptitude of the candidate, the qualifications of the candidate, and the candidate’s current knowledge of cannabis. 5.1.5 Background Screening We will perform background checks on all employees, volunteers, principals, directors, and board members. We will also perform background checks on any contractors or vendors who regularly work within the facility or will be employed there for an extended time. Copies of any public records obtained through the background check process will be provided to the individual concerned. To ensure transparency, the entire background checking process will be conducted by a third-party. We will not employ anyone who has been convicted of a felony except for the purposes of the MMICP as an “excluded felony offense.” Also, we elect not to engage any contractors or vendors who would have access on a regular basis or for an extended time to restricted areas of our facility if they have been convicted of any excluded felony offenses. 1. Nibble will ensure employees are at least 21 years of age. 2. Nibble will obtain age of applicant on each employee application. 3. A copy of applicant’s valid, unexpired CALIFORNIA driver’s license will be made and attached to each employment application. 6.c Packet Pg. 433 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 17 4. If employee will be working in capacity of “transporter”, a copy of current auto insurance will be placed in employee and verified that insurance meets states minimum standard. 5. A live-scan criminal background check including any disqualifying offenses 6. Individuals will submit a full set of fingerprints to the Bureau of Cannabis Control, vendor, entity, or agency authorized for processing by the state which may be forwarded to the FBI 5.1.6 Employee Badges Pursuant to Section 26013.5043, Nibble will provide all agents with security badges that must be worn at all times while engaging in Commercial Cannabis Activity. The employee badge will include the following: 1. The licensee’s “doing business as” and license number 2. The employee’s first name 3. The employee number uniquely assigned to the employee for identification purposes 4. A color photograph of the employee that is at least 1 inch in width and 1.5 inches in height 5. Badges must be laminated or plastic coated 5.1.7 New Employee Onboarding Once a decision has been made to hire a candidate, the employee must pass a background check and drug test. The below checklist should be used to onboard a new employee. 1. Pass a background check 2. Pass a drug test 3. Fill out our liability waiver 4. Complete the Employment Contract 5. Fill out a W-4 and provide all necessary documentation 6. Manager or HR will need to run E-verify and take all appropriate bank information for direct deposit and Paychex processing form 7. A user profile in the Payroll System will need to be created for the employee 8. A user profile time and attendance scheduling system credentials 9. The employee will be informed of the policies regarding warnings, keys, and discipline. 10. The GM will review the uniform policy and provides two uniform shirts in appropriate size for employee 5.1.8 Employee Training It is the policy at Nibble that the better informed our employees are, the better they can answer questions and teach our clients the value of the products we carry. To ensure all employees enter the training on the same page, Nibble utilizes the following items to standardize training: 1. New Hire Training 2. Formalized Staff Training 3. One on One Training 4. Self-Directed Training 5. Peer to Peer Training Employees will be tested on training content and must pass the test by their third attempt in order to remain employed. All staff will also go through periodic refresher seminars, as well as new training on any policy updates or changes in procedure. Security and emergency response training is only part of the comprehensive training required for all employees. In developing our official safety and security policies, we will consult with local law 6.c Packet Pg. 434 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 18 enforcement. We will also work with local police to develop effective ongoing employee training seminars and practices. Especially in developing our policies and training procedures on crime prevention and security threat response, we will seek the involvement of local law enforcement. All emergency procedures will be rehearsed in periodic drills. In addition to training and periodic drills, all employees will receive official Company reference material, written in plain English and presented in an easy-to-use outline format, explaining all our operational, safety, and security policies and protocols. Nibble shall implement a training program to ensure that all personnel present at the premises are provided information and training that, at minimum, (1) Within 30 days of the start of employment: (A) Health and safety hazards; (B) Hazards presented by all solvents or chemicals used at the licensed premises as described in the material safety data sheet for each solvent or chemical; (C) Emergency procedures; (D) Security procedures; (E) Record keeping requirements; and (F) Training requirements. Additional training covers the following topics: 1. Greenbits POS usage 2. Logging time and attendance 3. Client Verification 4. Adult-Use Age Verification 5. Inventory Control 6. Product Education 7. Cannabis laws and regulations, 8. Client privacy, confidentiality, and secure electronic record keeping, 9. Procedures for client reception and registration, 10. Procedures for product sales, and 11. Personal safety, fire safety, and crime prevention. 12. Security and Emergency Response Ongoing education will be required as necessary under state and local laws and regulations, or in the case of an individual employee’s request. 5.1.9 Cannabis Manufacturing Training (A) An overview of the cannabis manufacturing process and standard operating procedure(s); (B) Quality control procedures; (C) Hazard analysis and control procedures, as appropriate; (D) Proper and safe usage of equipment or machinery; (E) Safe work practices applicable to an employee’s job tasks, including appropriate use of any necessary safety or sanitary equipment; (F) Cleaning and maintenance requirements; (G) Emergency operations, including shutdown; and (H) Any additional information reasonably related to an employee’s job duties. (3) Additionally, a licensee that produces edible cannabis products shall ensure that all personnel who prepare, handle, or package edible products successfully complete a California food handler certificate course from an entity accredited by the American National Standards Institute (ANSI) within 90 days of commencing employment at the premises and again every three years during employment 5.1.10 Formalized Staff Training Classroom, traditional style training is the best way to ensure uniform instruction to the staff. However, this style of training is expensive, time-consuming and typically merits low retention when not supported by other training modalities. It is important to maximize this training by ensuring the training is informative and participant based. With any formalized training the instructors must understand the key goals of the training. 6.c Packet Pg. 435 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 19 In short, when there are major changes in the way operations are handled, the General Manager will coordinate off-hours, classroom style training to ensure the information is cascaded correctly. 5.1.11 One on One Training A follow up to formal training is to work one on one with staff reviewing training. Regardless, if training is product or procedure, it is important to follow up and test the staff’s knowledge. We want staff to be able to articulate knowledge in both words and through their actions. Several ways to follow up: • Quiz staff: Ask staff a series of increasingly complicated questions. Do your best to ensure staff can be successful when being quizzed. Do not make this a gotcha moment. Remember is staff can’t pass your quiz it is because you didn't do a good job training them. • Role playing: This is a good; though often awkward training method. We want to see staff articulate information back to us, but understand we did not hire them to be actors. Do not focus on unnatural delivery that is so common with forced scenarios. Keep the focus on knowledge and their grasp of the information. • Observation training: There are two ways for this to work; one where staff watches the instructor with a real client and one where the supervisor watches staff. In the first case, I strongly encourage staff to try to stand close and pay attention when I am working with clients. Few things can provide better training then close observation of an expert about their task. Supervisors also have to make sure to make close observation of staff as they perform their duties. Make notes, constructively correct, or give praise as needed. Staff will almost always perform better when watched. 5.1.12 Peer to Peer Training Peer-to-peer training is a great way for employees to learn information in a non-threatening way and this form of training is the ideal way for employees to learn from one another. Team building-through peer-to- peer training all team members are able to come together without the pressures of daily routines. The General Manager will be responsible for assigning Retail Agents for training on any area where an employee requires additional training. 5.2 HR POLICIES 5.2.1 Policies against Discrimination Nibble is committed to a workplace that does not discriminate and provides a safe environment for employees to work. Below is a summary of our Anti-Discrimination Policy and Anti-Harassment Policy. 5.2.2 Diversity Plan Nibble is an "equal opportunity employer." We will not discriminate and will take measures to ensure that our policies remain against discrimination in employment, recruitment, and advertisements for employment, compensation, termination, upgrading, promotions, and other conditions of employment against any employee or job applicant on the basis of race, creed, color, national origin, or sex. All employment opportunities are provided without regard to race, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, veteran status, disability, genetic information, or any other characteristic protected by law. Additionally, we will exhibit evidence of diversity and inclusion by including minority persons and veterans in the company workforce. 6.c Packet Pg. 436 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 20 5.2.3 Anti-Harassment Policy Nibble is committed in all areas to providing a work environment that is free from harassment. Harassment based on an individual's sex, race, ethnicity, national origin, age, religion or any other legally protected characteristics will not be tolerated. All employees, including supervisors and other management personnel, are expected and required to abide by this policy. No person will be adversely affected in employment with the employer as a result of bringing complaints of unlawful harassment. If an employee feels that he or she has been harassed on the basis of his or her sex, race, national origin, ethnic background, or any other legally protected characteristic they should immediately report the matter to his or her supervisor. If that person is not available, or if the employee feels it would be unproductive to inform that person, the employee should immediately contact that supervisor's superior or human resources. Once the matter has been reported, it will be promptly investigated, and any necessary corrective action will be taken where appropriate. All complaints of unlawful harassment will be handled in as discreet and confidential a manner as is possible under the circumstances. Nibble will take any and all claims of harassment seriously. All claims of harassment reported will be logged and investigated. Any employee determined to engage in improper harassing behavior will be subject to disciplinary action, including the possible termination of employment. 5.2.4 Labor Peace Agreement with a bona fide labor organization Should Nibble This hire more than 20 employees, than we will enter into a Labor Peace Agreement or collective bargaining agreement with a bona fide labor organization, as required under state laws and regulations. Such an agreement shall prohibit labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with our business. Any such agreement will provide evidence that Nibble This agrees it will not disrupt any efforts by the bona fide labor organization to communicate with, and attempt to organize, and represent its employees. The agreement shall further provide that the bona fide labor organization shall have access, during reasonable times, to employee work areas, in order to meet with employees to discuss their right to representation, employment rights under state law, and the terms and conditions of their employment. As required under state law, any such agreement will not mandate a particular method of election or certification of the bona fide labor organization. 6.c Packet Pg. 437 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 21 6 BUSINESS PLAN The Business Plan shall be as detailed as necessary to fully describe the operations, including: • A budget for construction, operation, maintenance, compensation of employees, equipment costs, utility costs, and other operation costs. The budget must demonstrate sufficient capital in place to pay startup costs and at least three months of operating costs, as well as a description of the sources and uses of funds. • A pro forma for at least three years of operation. 6.1 NIBBLE OVERVIEW Nibble This is an investment start-up of Kate Bilow and Raquel Origel. The partners are planning to open a chain of retail cannabis locations. The first 2 locations will be located in San Bernardino, California where they will create a unique shopping experience that features a large assortment of high quality cannabis products. Here they are pursuing licensure as a Commercial Cannabis Micro-business which will allow them to operate as a Storefront Retailer, Manufacturer, and Distributor. Nibble’s complete business plan includes leasing 2 buildings in San Bernardino. Both locations will be fully renovated to upgrade the existing community. Additionally, it is the intention of Nibble to create a customer experience that is luxurious and up-scale. This vision is to create an appealing and welcoming environment where all patrons feel comfortable shopping. Nibble is excited to bring this business concept to San Bernardino. Not only with the company focus on quality, compliance, and profitability, but they intend to be leaders at giving back to the community and educating clients. Nibble will create jobs in a fun environment where profits are shared, and community service is a given. Their vision is to create change on a national level, starting in their own communities, educating, and assisting a population in need. It’s hard not beam with excitement a concept this grand. Nibble expects to stimulate tremendous impact and influence positive change that ripples well beyond the dispensary. Their clients, employees, neighborhoods, and local government reap the rewards of this exciting time in history. 6.c Packet Pg. 438 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 22 6.2 EXTERIOR VISION 6.c Packet Pg. 439 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 23 6.3 INTERIOR VISION 6.c Packet Pg. 440 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 24 6.c Packet Pg. 441 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 25 6.4 CONSTRUCTION IMPROVEMENTS 1. Exterior Site: Rejuvenate Existing Landscaping 2. Cosmetic refinish of façade, original finishes and colors to remain 3. Upgrade signage under separate approval and permit 4. Interior tenant improvements 5. Complete ADA Compliance upgrade for restrooms, hallways, doors 6. Complete fire life safety upgrade, including fire alarm system 7. Complete Title24 Energy Conservation 8. All lighting changed to LED Lighting 9. For security reasons, all windows, except for the dispensary area will be upgraded to a mirrored one way view 10. Complete exterior and interior security system 11. Install new, non-load bearing partition walls 12. New Timely Frame Commercial Doors Estimated Period of Construction: 1. 90 Work-days, not including Plancheck process 2. Estimated Base Construction Cost: $175,000 6.5 PROJECT COMMENCEMENT TIMELINE Nibble’s Proof of Capitalization to successfully fund and complete its project is attached as Appendix F. 6.c Packet Pg. 442 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 26 6.6 STOREFRONT RETAILER WITH DELIVERY – OPERATIONS 6.6.1 Retail Pro-Forma Nibble has hired California Cannabis CPA to assemble the below pro-forma for the Retail Business. Fiscal Year 2019 Fiscal Year 2020 -$ 2,100,000 $ 2,187,500 $ 2,734,375 $ 3,417,969 -$ 2,475,000 $ 2,812,500 $ 3,515,625 $ 4,394,531 -$ 450,000 $ 562,500 $ 703,125 $ 878,906 -$ 237,500 $ 296,875 $ 371,094 $ 463,867 -$ 380,000 $ 475,000 $ 593,750 $ 742,188 -$ 40,000 $ 50,000 $ 62,500 $ 78,125 $ $ 5,682,500 $ 6,384,375 $ 7,980,469 $ 9,975,586 -$ 618,102 $ 724,338 $ 845,061 $ 980,874 -$ 900,000 $ 1,125,000 $ 1,406,250 $ 1,757,813 -$ 150,000 $ 187,500 $ 234,375 $ 292,969 -$ 95,000 $ 118,750 $ 148,438 $ 185,547 -$ 190,000 $ 237,500 $ 296,875 $ 371,094 -$ 12,000 $ 15,000 $ 18,750 $ 23,438 $ $ 1,965,102 $ 2,408,088 $ 2,949,748 $ 3,611,733 $ 250 $ 3,000 $ 3,090 $ 3,183 $ 3,278 $ 2,500 $ 30,000 $ 30,900 $ 31,827 $ 32,782 $ 438,500 ---- $ 833 $ 10,000 $ 10,300 $ 10,609 $ 10,927 $ 1,250 $ 15,000 $ 15,450 $ 15,914 $ 16,391 $ 2,083 $ 25,000 $ 25,750 $ 26,523 $ 27,318 $ 2,083 $ 25,000 $ 25,750 $ 26,523 $ 27,318 $ 100 $ 1,200 $ 1,236 $ 1,273 $ 1,311 $ 100 $ 1,200 $ 1,236 $ 1,273 $ 1,311 ----- $ 5,000 $ 60,000 $ 61,800 $ 63,654 $ 65,564 ----- $ 200 $ 2,400 $ 2,472 $ 2,546 $ 2,623 $ 2,500 $ 30,000 $ 30,900 $ 31,827 $ 32,782 $ 33,000 $ 396,000 $ 407,880 $ 420,116 $ 432,720 $ 58,750 $ 705,000 $ 705,000 $ 705,000 $ 705,000 $ 547,150 $ 1,303,800 $ 1,321,764 $ 1,340,267 $ 1,359,325 ($ 547,150)$ 2,413,598 $ 2,654,523 $ 3,690,454 $ 5,004,528 -$ 340,950 $ 383,063 $ 478,828 $ 598,535 $ 4,494 $ 53,933 $ 53,933 $ 53,933 $ 53,933 -$ 506,856 $ 557,450 $ 774,995 $ 1,050,951 -$ 213,362 $ 234,660 $ 326,236 $ 442,400 $ 4,494 $ 1,115,101 $ 1,229,106 $ 1,633,992 $ 2,145,819 ($ 551,644)$ 1,298,497 $ 1,425,418 $ 2,056,462 $ 2,858,709 Payroll Tax Federal Tax Liability State Income Tax Total Taxes Owed NET INCOME (LOSS) Salaries Total Operating Expenses OPERATING INCOME (LOSS) Tax Local Tax Security Subcontractor Telephone & Internet Utilities Rent Marketing/Promotions Miscellaneous Expense Office Supplies Payroll Processing Printing and Reproduction Automobile/Transportation POS / Track & Trace Start Up Expenses Insurance (incl Workers Com Legal and Accounting Topicals Pre-rolled Accessories and others Total COGS Operating Expenses GROSS SALES Cost of Goods Sold (COGS) Flowers Concentrates Edibles Concentrates Revenue Edibles Revenue Topicals Revenue Pre-rolled Revenue Accessories & Others Revenu PROJECTED INCOME STATEMENT (START‐UP) Fiscal Year 2018 Fiscal Year 2021 Fiscal Year 2022 Revenue Flower Revenue 6.c Packet Pg. 443 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 27 6.6.2 Retail Products Product Type Description Dried Cannabis: Sativa, Indica, & Hybrids Raw Cannabis Flower will be sold in a mix of Indica and Sativa depending on client demand. Indica is known to reduce nausea, increase appetite and fight depression while Sativa is known for its uplifting effects that energize clients with strong cerebral effects. Finished, dried, manicured, cured cannabis will be sold in .5g increments. Nibble plans to begin with 25-50 medicinal varieties of cannabis. Edibles A cannabis edible is a THC-infused product that can be consumed by the client. Infusing cannabis into foods is a long-practiced and very effective method to use cannabis as medicine. Nibble plans to offer several different edible product lines to cater to the various, nutritional, financial and taste needs of clients. Infusing cannabis into foods is a long- practiced and very effective method to use cannabis as medicine. Careful dosing is important. Edibles can be used as effectively as smoking or vaporizing. This may include beverages, coffees, pastries, chocolates, and gummies. Edibles can be as effective as smoking or vaping. Concentrates This type will ensure clients have a variety of consumption methods that suit each person’s needs and lifestyle. Our line is designed to provide high levels of cannabinoids and THC in a readily accessible form which provides instant relief for serious conditions. Tinctures A cannabis tincture is a cannabis-based extract that is infused with alcohol. Typically, the flowers and trim leaves are used. This product provides easy dosing for clients with rapid absorption. This line is designed to make dose control easy for clients, with rapid absorption and effect. Tinctures can be flavored for better taste. Topicals Topicals are ideal for assisting clients who are arthritic or have aching injuries. Topicals have an analgesic and anti-inflammatory effect to reduce or eliminate pain. These will be developed in the forms of sprays or lotions. Dispensing Devices Patrons will be able to purchase the dispensing device associated with the cannabis product that is purchased. This will include bongs, vape pens, bowls, pipes, and papers. 6.6.3 Nibble Branded Products Nibble intends on creating a prominent brand that is clearly identifiable with customers. Products will stand out from other brands by targeting niche markets that are not currently being catered to (women). In addition to items manufactured by Nibble, the company will enhance the brand with a clothing line and other ancillary items. 6.c Packet Pg. 444 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 28 6.6.4 Retail Sale Policy The purpose of this policy is to outline retailer operational requirements so that Nibble remains in compliance with state law. Nibble will educate employees upon hire and on an ongoing basis to ensure that the retail locations follow the same procedure. 1. Nibble shall require at least 2 employees to be onsite in storage areas. 2. Our licensed retail facility shall: a. Only receive cannabis products and goods from a state and locally licensed California Distributor b. Only sell cannabis products and goods to a qualified patient who is registered on the Medical Marijuana Identification Card Program; c. Or sell cannabis products and goods to Adult-Use customer 21 years of age or older. 3. Nibble may refuse to sell cannabis items to any consumer. 4. Nibble may only sell to consumers between the hours of 6:00 a.m. and 10:00 p.m. PST. 5. Nibble SHALL NOT: a. Provide free samples of cannabis products or goods to a consumer. b. Sell or give away pressurized containers of butane or other materials that could be used in the home production of cannabis extracts. c. Require a consumer to purchase other products or services as a condition of purchasing a cannabis item or receiving a discount on a cannabis item. d. Sell a cannabis item for less than the cost of acquisition. e. Provide coupons or offer discounts, except that uniform volume discounts are permitted. f. Permit consumers to be present on the licensed premises or sell to a consumer between the hours of 10:00 p.m. and 6:00 a.m. the following day. 6. Nibble will ensure pricing of cannabis items are consistent during each day. 7. Cannabis items offered for sale will be stored in a manner that the items are only accessible to authorized representatives until the final sale to the consumer is completed. 6.6.5 Retail Sales Counter Procedure When a client approaches the sales counter to make a purchase, proceed with client intake, or call them up in the system. 1. Ask the client “Do you have a profile with Nibble?” 2. If yes, pull up the client. 3. If no, ask them if they would like to join Nibble’s loyalty program. 4. Validate the Client’s ID a. All clients will be required to provide a government-issued photo ID. This will be used to verify the person’s age and identity. b. Nibble will use the following to validate a person’s age and identity: i. Passport ii. Driver License which may be issued in California or by any other state as long as the license has picture of the person. iii. Identification card issued under California law. iv. United States military identification card. v. Any other identification card issued by a state that bears a picture of persons, the name of the person, the person’s date of birth and a physical description of the person. 5. Obtain products the client is looking to purchase. 6. Scan products, ask if client found everything he/she needed 7. Bag Items. 6.c Packet Pg. 445 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 29 6.6.6 Purchasing Limits It is the policy of Nibble to comply with purchasing limits set forth by the BCC. 1. For Adult-Use Clients, the retailer will not sell more than one ounce (28.5 grams) of cannabis and up to eight grams of concentrated cannabis (separated resin, whether crude or purified, from cannabis). 2. Greenbits will create an alert to the Retail Agent notifying the Agent if the limits have been exceeded. 3. If there is an alert for the client, the items will be removed and put back into inventory until the client is able to purchase cannabis again. 6.6.7 License Posting Requirement Nibble will display the license on the licensed premises where it can be viewed by state and local agencies. In the case of the dispensary, the license must be posted within plain sight of the public. Nibble will post the license at the following location inside of the dispensary: 6.6.8 Limited Cash Operation All cash inventory and storage shall be monitored by 24-hour security cameras. Cash payments will be directly deposited into a drop slot safe, limiting the amount of cash circulating at the dispensary. The money will be removed from the safe and counted daily in a locked room. Access to the dispensary will be limited to employees during all safe transfers. Two employees are required to be present during this time. The cash will then proceed to the appropriate bank in a locked container each day. Access to the container will require both an electronic keypad password and a passcode. 6.6.9 Cable, Broadcast, Radio, Print, and Digital Advertising Nibble will ensure that any advertisements made will be a medium where at least 71.6% of the audience is reasonably expected to be 21 years of age or older, by: 1. Identify an advertising outlet; 2. Obtain a copy of the audience composition data; 3. Provide a copy of the data upon request from the Bureau of Cannabis Control. 6.6.10 Closing Procedures Policy to educate staff as to the proper procedure to ensure all doors are secured and locked when the business is not in operation. It is the policy of Nibble that all retail stores comply with state rules and regulations. This policy is to outline the procedure for securing all doors, exterior and interior, at the end of each business day in order to safeguard all cannabis items and records on the licensed premises. The purpose is to provide safeguards against illegal entry, theft and diversion of cannabis items and required records. 1. Keys to interior and exterior doors are in the possession of the licensee(s) and /or licensee representative or authorized personnel only. 2. All exterior doors have installed approved commercial locks. These doors are locked after all clients have exited the premises at the end of each business each day. 3. Once all cannabis and THC infused products and required records have been properly secured, the licensee(s) and /or licensee representative or authorized personnel secures all locked doors using double check method. a. All exterior doors are secured and licensee(s) and /or licensee representative or authorized personnel makes a second round to ensure vault/safe in the storage area is locked and secured 6.c Packet Pg. 446 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 30 b. The licensee(s) and /or licensee representative or authorized personnel ensures the storage area door is locked and secured; the (desk/cupboard) outside the locked storage area is locked and secured. c. The licensee(s) and /or licensee representative or authorized personnel, checks all exterior doors from the inside to ensure that all are locked and secured. d. All employees exit the designated door and the licensee(s) and /or licensee representative or authorized personnel ensures door is properly closed, locked and secured and that the security system is armed. 2. Arming the Security System a. When the alarm is armed or disarmed, an email notification is sent to the Licensee listing first and last name of person, time and date of person who has entered the code into the security panel. b. All authorized employees have a unique PIN number to arm and disarm the security panel and the close and opening of business day. c. Upon termination of employment, the code will be disabled. 6.6.11 Opening Procedures Checklist ASSOCIATE DIRECTIONS: Arrive 60 minutes prior to opening. Leave all doors locked until the scheduled open. Review and execute the checklist below. At the scheduled opening time, unlock exterior door. Employee Initial Task DISABLE security system. TURN ON all lights, AV equipment, TV’s. ENABLE the proper slide shows and Videos on TV’s and begin their loops. INSPECT the Retail Store: REVIEW Signs for damage, theft, or vandalism: Note details here VERIFY all closing jobs were performed: Note details and employee here CHECK that all light bulbs, Exit Signs, Fire Extinguishers, AED are functioning: Note details here VERIFY Inventory is in place CHARGE the till PERFORM daily maintenance On the first of every month, ADJUST the exterior illuminated signage timer, to ensure it is on at optimal hours. PRINT Inventory Reconciliation Reports CYCLE COUNT Inventory Quantities Completed by: Employee Signature Date: 6.c Packet Pg. 447 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 31 6.6.12 Closing Procedures Checklist ASSOCIATE DIRECTIONS: 15 minutes prior to closing, begin the closing process. Review and execute the checklist below. Employee Initial Task 15 minutes prior to closing, ANNOUNCE to the store and range that “Nibble is closing in 15 minutes. Guests should finish up and make their way to the exit.” REPEAT the announcement every 5 minutes until closing. At closing, ANNOUNCE, “The time is now 9:00pm, and Nibble is now closed. Thank you for visiting us and we hope to see you again soon. Please make way towards the exit, thank you.” RETRIEVE Sandwich Board sign from parking lot entrance. LOCK the front door. PRINT Inventory Reconciliation Reports CYCLE COUNT Inventory Quantities WALK the entire facility, ensuring that it is empty and no one is left inside. MANAGER to empty the till, and record amounts in the ledger. Have a second employee come verify amounts and initial ledger. CLEAN the facility per NIGHTLY CLEANING PROCEDURES. RESTOCK all marketing collateral that may have been taken during the day. TURN OFF all AV systems, TV’s. RESTOCK any inventory. MOVE unclaimed Lost and Found items to store room Lost and Found bin. TURN OFF lights as rooms are completed and SECURE doors. When complete, WALK through facility one last time and verify all is as it should be. Be sure to check bathrooms are empty. ESCORT all employees out. ANNOUNCE final callout “Security System is being armed, is anyone left in here?” to ensure no employee has returned to the building for something. ARM the Security System. EXIT building Completed by: Employee Signature Date: 6.c Packet Pg. 448 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 32 6.7 MANUFACTURING – OPERATIONS 6.7.1 Manufacturing Pro-Forma Nibble has hired California Cannabis CPA to assemble the below pro-forma for the Manufacturing Business. Information contained herein is to be considered protected as Trade Secret under California Civil Code § 3426.1(d) and should not be disclosed under the Public Records Act. Such information is privileged information under California Evidence Code § 1060, which is incorporated into the Public Record Act exemptions through California Government Code. § 6254(k). Fiscal Year 2019 Fiscal Year 2020 ----- ----- ----- $ 511,661 $ 3,565,296 $ 7,130,592 $ 7,130,592 $ 7,130,592 $ 511,661 $ 3,565,296 $ 7,130,592 $ 7,130,592 $ 7,130,592 $ 27,500 $ 339,900 $ 350,097 $ 360,600 $ 371,418 $ 27,375 $ 547,500 $ 876,000 $ 876,000 $ 876,000 $ 3,333 $ 41,200 $ 42,436 $ 43,709 $ 45,020 $ 58,208 $ 928,600 $ 1,268,533 $ 1,280,309 $ 1,292,438 $ 250 $ 3,120 $ 3,245 $ 3,375 $ 3,510 $ 2,500 $ 31,200 $ 32,448 $ 33,746 $ 35,096 $ 788,500 ---- $ 1,000 $ 12,480 $ 12,979 $ 13,498 $ 14,038 $ 1,250 $ 15,600 $ 16,224 $ 16,873 $ 17,548 $ 2,083 $ 25,996 $ 27,036 $ 28,117 $ 29,242 $ 2,083 $ 25,996 $ 27,036 $ 28,117 $ 29,242 $ 100 $ 1,248 $ 1,298 $ 1,350 $ 1,404 $ 1,000 $ 12,480 $ 12,979 $ 13,498 $ 14,038 $ 500 $ 6,240 $ 6,490 $ 6,749 $ 7,019 $ 2,083 $ 26,000 $ 27,040 $ 28,122 $ 29,246 ----- $ 200 $ 2,496 $ 2,596 $ 2,700 $ 2,808 $ 2,500 $ 31,200 $ 32,448 $ 33,746 $ 35,096 $ 33,000 $ 411,840 $ 428,314 $ 445,446 $ 463,264 $ 837,049 $ 605,896 $ 630,132 $ 655,337 $ 681,550 ($ 383,597)$ 2,030,800 $ 5,231,927 $ 5,194,946 $ 5,156,604 -$ 142,612 $ 285,224 $ 285,224 $ 285,224 $ 2,104 $ 26,002 $ 26,782 $ 27,586 $ 28,413 -$ 426,468 $ 1,098,705 $ 1,090,939 $ 1,082,887 -$ 179,523 $ 462,502 $ 459,233 $ 455,844 $ 2,104 $ 774,605 $ 1,873,213 $ 1,862,982 $ 1,852,368 ($ 385,701)$ 1,256,195 $ 3,358,714 $ 3,331,964 $ 3,304,236NET INCOME (LOSS) (START‐UP) Fiscal Year 2018 Local Tax Payroll Tax Federal Tax Liability State Income Tax Total Taxes Owed Utilities Rent Total Operating Expenses OPERATING INCOME (LOSS) Tax Payroll processing Printing and Reproduction Liscense Fees Subcontractor Telephone & Internet Insurance (incl Workers Comp) Legal and Accounting Marketing/Promotions Miscellaneous Expense Office Supplies Total COGS Operating Expenses Automobile/Transportation Computer / Technology Systems Start Up Expenses* Salaries-Direct Cost of Source Product Production Supplies Wax, Shatter, Rosin Pure Oil Vape Cartridges GROSS SALES Cost of Goods Sold (COGS) PROJECTED INCOME STATEMENT Fiscal Year 2021 Fiscal Year 2022 Revenue Edibles 6.c Packet Pg. 449 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 33 6.7.2 Manufactured Products Nibble will manufacture the below cannabis products for internal sale to retail clients and to other licensed commercial cannabis businesses. It is the commitment of the company to only offer these services to companies who have local and state authority to operate. Product Type Description Concentrates Vaporizer Cartridges 6.7.3 Secure Access Only the Manufacturing Director, Production Supervisors, and Managers will have access to keys to the storage room, freezer, refrigerators, and office spaces. 6.7.4 Supervision of Use One or more Nibble This employees must be present and onsite when the facility or equipment is in use. This employee will be responsible for supervising the use of equipment and supplies, protecting Nibble This’ property, preventing theft or diversion of cannabis infused products and ensuring compliance with food safety regulations. 6.7.5 Food Safety and Sanitation Federal and state regulations require Nibble This to maintain food and nutrition facilities in conformance with strict sanitation and health standards. These standards must be met at all times, including when Nibble This’ facilities/equipment is being used for functions other than the manufacture of cannabis infused products suitable for consumer use. 6.7.6 Storing Food Items Nibble will adhere to the following policies regarding the store of food items. 1. No home prepared food items or personal food storage is allowed in our cannabis kitchen or storage areas. 2. Foods brought into cannabis kitchen must be from an approved vendor or from a commercial licensed facility in which are inspected by the Local Health Department and would generally pose no serious health problems. 3. All food items must be in the original container/package. Must be labeled properly with all required information and dated at intake. 4. Temperatures of potentially hazardous food items must have been properly maintained prior to entering Nibble This’ kitchen. If a Manager suspects that time and temperature regulations have been compromised, food items will be refused. 5. Production Manager will store perishable foods purchased from a commercial licensed facility for no more than 7 days prior to the scheduled/approved production date. 6. Records/receipts of purchased food items will be retained as proof that food items were indeed bought at a commercial licensed facility. 7. All food items must be acquired from approved sources and meet state food regulation guidelines. 8. For safety reasons, animals and small children will not be permitted in the manufacturing and production designated areas. 6.c Packet Pg. 450 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 34 6.7.7 Operating Procedures A copy of our Manufacturing Standard Operating Procedures is available upon request. The high-level procedures are outlined below and describe how Nibble Employees will consistently manufacture premium grade cannabis products: 1. Day to Day operations will be performed in strict accordance with Standard Operating Procedures for each task and process. 2. A Process Hazard analysis will be performed by a team of professionals familiar with the hazards associated with the manufacture of cannabis concentrate products suitable for consumption. 3. Operations will be preceded by inspection, required maintenance, and sanitation of contact and work areas. 4. Daily material allotments will be checked out and measured for processing. 5. Material will be processed in accordance with the standard operating procedures and state and local direction for the manufacture of cannabis concentrate products, suitable for consumption and use. 6. The high purity extracts will undergo inspection, sorting for quality control, sampling for analytical testing, packaging into .5 gram, 1 gram and 5 gram containers and vaporizer products. These products will be labelled with quantity, strain information, ingredients and any other required information for retail and wholesale. 7. No volatile solvents, heavy equipment or hazardous materials will be used in this process. 8. Proper training, care and safety protocols will be in place to protect operators, though little risk is assessed in the manufacturing of these products given the simplistic and relatively hazard-free nature of these facility operations. 6.7.8 Equipment Use Policy 1. Use of kitchen and associated equipment by others who are not employed by Nibble This is strictly prohibited. 2. Equipment/facilities contain food and supplies used primarily for manufacturing cannabis infused products suitable for consumption and use and have been designed primarily for such purposes. 3. Trained and certified food service employees will be present during the food handling and equipment operation at all times. 4. Refrigeration and freezer units shall be used only for the storage and preservation of foods to be used in the manufacturing process. 5. Perishable food items will only be stored for up to 5 days prior to the scheduled/approved manufacturing operations. 6. Production and manufacture of cannabis infused products will be performed in accordance with the Standard Operating Procedures and comply with all state and local guidelines for the manufacture of cannabis infused products suitable for consumer use. 7. Equipment use and day to day operations will be performed by trained and certified food service employees. 6.7.9 Procurement Policy Due to the potential liability resulting from cross contamination, all foods/beverages shall be purchased through the established procurement methods. Nibble This will secure a relationship with approved food/supplies distributors that services the San Bernardino area and will purchases all foods/supplies through these distributors. 6.c Packet Pg. 451 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 35 1. The vendors/manufacturers that we select will follow strict safety and sanitation procedures that ensure the safety of all products delivered to our manufacturing site. 2. Foods/ingredients and supplies brought into kitchen from a commercial licensed facility in which is inspected by the Health Department and would generally pose no serious health problems. 3. Food items will not interfere with the everyday operation of Nibble This or create food safety concerns. 4. Food items will be inspected and maintained regularly. Storage space will be inspected, sanitized and maintained regularly. Inspections, and maintenance will be logged and recorded and audited quarterly to ensure compliance. 6.7.10 Manufacturing Director A Manufacturing Director will be employed to manage all of Nibble’s cannabis manufacturing. The Manufacturing Director’s primary job will be to safely and effectively convert cannabis materials into high quality, food safe manufactured product offerings. The Manufacturing Director will operate to the highest standards of professionalism. Job responsibilities will include: • Management and oversight of all extraction, extract processing, product formulation, filling and manufacturing procedures in an efficient manner that also complies with San Bernardino and California state regulations, OSHA regulations and Nibble SOPs. • Expertise in non-volatile extraction methods as well as the purification, separation and isolation of various compounds of cannabis • Design and update the Nibble product line in conjunction with other business functions as it relates to extractable material. • Oversee packaging and labeling of finished products, ensuring compliance with San Bernardino and California state regulations. • Ensure compliance and accuracy involving all product tracking, product security, and product movement procedures. • Follow appropriate control measures to prevent mixing of dissimilar production components while following Good Manufacturing Practices. • Perform in-process and post-process quality assurance testing and conducting visual inspections to ensure all product meets or exceed Nibble specifications. Such quality assurance work will include but not be limited to: a. Recording and monitoring process conditions to ensure compliance to standard operating procedures; b. Proper weighing, data recording, and batch tracking throughout Nibble process c. Work with state-licensed testing laboratories to ensure chain of custody compliance during required sample gathering and reporting; d. Continually strive to improve Nibble processes for improved consumer safety, quality, and efficient manufacturing; e. Monitor and manage lab and processing equipment supplies and inventory; f. Maintain inventory of supplies, materials equipment, including material safety data sheets for all equipment and products; g. Stay current with practices and new developments in the cannabis extraction industry. h. Must have accountability, proactive behavior and strong attention to detail; i. Comprehensive knowledge of manufacturing equipment, specifically non-volatile extraction. j. Facility maintenance and troubleshooting as necessary; 6.c Packet Pg. 452 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 36 k. Assist government auditors with inventory, sales, and compliance audits; and l. Comply with all HR policies including confidentiality and non-disclosure. 6.7.11 Manufacturing Training The Manufacturing Director will be provided with and maintain an Operator’s Manual, capturing our best practices in manufacturing techniques. The Manufacturing Director will remain current with manufacturing best practices. This will be through webinars, conferences, online training, and through professional networks. 6.7.12 Manufacturing Equipment List To date, Nibble has identified the following items that will be used to manufacture cannabis products. Purpose Manufacturer Model Cartridge filling Cecle CF-221 6.7.13 Container Labeling It is the policy of Nibble that no container will be released for use unless it has a complete label. Managers will ensure that secondary containers, such as spray bottles, have complete labels. Either (1) a copy of the original manufacturer’s label will be made and placed on the secondary container, or (2) the minimal information bulleted above will be placed on the container in permanent ink. The Safety Coordinator will verify that all product containers kept onsite will clearly list contents on the label: • Product Name • Hazard warnings (corrosive, flammable, skin irritant, etc.) • Manufacturer’s name and address 6.7.14 Material Safety Data Sheets Copies of Material Safety Data Sheets (MSDSs) for all hazardous chemicals to which employees may be exposed will be available via hard copy in each chemical area of the department in a binder designated “MSDS Sheets.” Employees are required to read MSDSs for the chemicals they use. MSDSs will be available to all employees during all shifts. If an MSDS is missing, or if a new product arrives without an MSDS, employees must immediately inform their manager and/or the Safety Coordinator, so they can call the supplier or manufacturer. 6.7.15 Hazardous Chemicals List Managers must maintain a list of all the chemicals and products used at Nibble within their unit. This list is kept in the front of the MSDS book. Each chemical entry on the inventory list has a corresponding MSDS available for providing specific hazard information and personal protective measures. This list must be updated quarterly by the Safety Coordinator to remove chemicals that are no longer in use at Nibble and to add new products. 6.7.16 Hazardous Non-Routine Tasks Occasionally, an employee may be asked to perform a task that is not part of their normal job. Before taking on a new task, the affected employee will be given information by their manager and/or the Safety Coordinator about any hazardous chemicals that might be used during the activity. This information will include: • Specific chemical hazards; • Protective measures employees can take; and 6.c Packet Pg. 453 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 37 • Measures the company has taken to reduce the hazards, which might include ventilation, personal protective equipment, use of the buddy system, and emergency procedures. 6.7.17 Quality Control • All raw materials and finished products will be stored appropriately, batch tested for quality control, and handled with care utilizing gloves, lab coats/coveralls, hair and beard nets where applicable. • Environmentally friendly cleaners will be used to sanitize each piece of equipment and contact area prior to daily operations. Equipment will be maintained and kept in good working order. • Food grade utensils (scrapers, spatulas) are used. • Measuring devices will be properly calibrated on a regular basis to assure that measurement values are accurate and consistent from batch of cannabis product. Batches will be tested by a third party facility to ensure that the cannabis products are safe and suitable for human consumption and/or use. • Because our process does not include the use of any harmful chemicals or solvents we will have a high degree of confidence in the safety and suitability of our products for human consumption and/or use. • A log will be kept on site of required and completed inspections and maintenance. Replaceable parts and consumable items (e.g., filter bags, parchment paper, labels, etc) will be kept on hand. • All raw material will be tested prior to extraction to ensure that it is safe, compliant and of acceptable quality for use in our products. All finished products will be batch tested, inspected for quality and consistency. • In addition, applicants should identify potential hazardous risks for each type of cannabis product proposed to be manufactured at the facility. • Potential hazardous risks proposed by cannabis concentrate products include the risk of microbial activity, or pests in the plant material, and the risk of pesticides, and solvent residues in the concentrates. These risks are mitigated in our program through the use of rigorous testing on both our starting material and the finished products that we produce. • Because the cultivation program that supplies the plant material is an organic program that does not include the use of harmful pesticides and is designed in such a way that adequate airflow and moisture control are provided the risk for pesticides, or microbial activity in our source material is incredibly low. Furthermore, because we do not use any solvents in our process, the risk of residual solvents being contained in our cannabis concentrate products is incredibly low A warning will be contained on the product label of our cannabis concentrate products; to encourage consumers to monitor their use of our products and to avoid operation of a motor vehicle and other types of heavy equipment. 6.7.18 Employee Health: Communicable Diseases The purpose of this policy is to describe circumstances where an employee will be prohibited on the licensed premises in order to protect the health of other employees and clients and prevent contamination to cannabis items. It is the policy of Nibble to prevent any employee who presents to the licensed facility with the below described conditions to have contact with cannabis items, clients and other employees until condition has been corrected. 1. Nibble prohibits any individual working on a licensed premises who has or appears to have a communicable disease, open or draining skin lesion infected with Staphylococcus Aureus or Streptococus Pyogenes , or any illness accompanied by diarrhea or vomiting for whom there is a reasonable possibility of contact with cannabis items from having contact with cannabis item until the condition is corrected. 6.c Packet Pg. 454 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 38 2. Nibble requires all persons who work in direct contact with cannabis items conform to hygienic practices while on duty including but not limited to: a. Maintaining adequate personal cleanliness. b. Washing hands thoroughly in an adequate hand-washing area before starting work, prior to having contact with a cannabis item and at any other time when the hands may have become soiled or contaminated. 3. Nibble provides hand-washing facilities adequate and convenient, furnished with running water at a suitable temperature and provided with effective hand-cleaning and sanitizing preparations and sanitary towel service or suitable drying devices. 4. Nibble will remove all litter and waste from the licensed premises and maintain the operating systems for waste disposal in an adequate manner so that they do not constitute a source of contamination in areas where cannabis items are exposed 5. Nibble provides employees with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and in good repair 6. Nibble stores cannabis items so that storage does not support pathogenic microorganism growth or toxic formation. a. Cannabis items that are considered edible with short expiration date, are stored in refrigeration. b. Cannabis items are otherwise packaged or stored in enclosed containers with shall remain dry and cool. Communicable Disease: includes but is not limited to diphtheria, measles, Salmonella enterica serotype Typhi infections, shigellosis, Shiga-toxigenic Escherichia coli infection (STEC), Hepatitis A and tuberculosis. 6.7.19 Employee Health: Personal Hygiene The purpose of this Policy is to define the standards for Employee Personal Hygiene. All persons must wash their hands following CDC recommendations. Some of the scenarios include: 1. Before, during, and after preparing food 2. Before eating food 3. Before and after treating a cut or wound 4. After using the toilet 5. After blowing your nose, coughing, or sneezing 6. After touching an animal, animal feed, or animal waste 7. After touching garbage 6.7.19.1 Procedure 1. How? a. Wet hands with clean running water (warm or cold) and apply soap. b. Rub hands together to make a lather and scrub them well; be sure to scrub the backs of hands, between fingers, and under nails. c. Continue rubbing hands for at least 20 seconds. Need a timer? Hum the "Happy Birthday" song from beginning to end twice. d. Rinse hands well under running water. 6.c Packet Pg. 455 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 39 e. Dry hands using a clean towel or air dry. 2. Hand sanitizers are not effective when hands are visibly dirty. a. How should you use hand sanitizer? i. Apply the product to the palm of one hand. ii. Rub your hands together. iii. Rub the product over all surfaces of your hands and fingers until your hands are dry. iv. Gloving is not a substitution for handwashing. 3. Disease Control a. Personnel are not allowed to work on product if they present conditions that would harm or adulterate the finished product. b. Any evidence of infectious disease including, but not limited to, fever, open lesions, upper or lower respiratory infections, upper or lower gastrointestinal infections, on any person on the production floor is not allowed. 6.c Packet Pg. 456 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 40 6.8 DISTRIBUTION SERVICES – OPERATIONS 6.8.1 Distribution Pro-Forma Nibble has hired California Cannabis CPA to assemble the below pro-forma for the Distribution Business. Fiscal Year 2019 Fiscal Year 2020 -$ 1,821,192 $ 2,069,536 $ 2,586,921 $ 3,233,651 -$ 2,812,500 $ 3,515,625 $ 4,394,531 $ 5,493,164 -$ 1,406,250 $ 1,757,813 $ 2,197,266 $ 2,746,582 -$ 187,500 $ 234,375 $ 292,969 $ 366,211 -$ 234,375 $ 292,969 $ 366,211 $ 457,764 ----- $$ 6,461,817 $ 7,870,318 $ 9,837,897 $ 12,297,371 -$ 1,456,954 $ 1,655,629 $ 2,069,536 $ 2,586,921 -$ 2,250,000 $ 2,812,500 $ 3,515,625 $ 4,394,531 -$ 1,125,000 $ 1,406,250 $ 1,757,813 $ 2,197,266 -$ 150,000 $ 187,500 $ 234,375 $ 292,969 -$ 187,500 $ 234,375 $ 292,969 $ 366,211 ----- $$ 5,169,454 $ 6,296,254 $ 7,870,318 $ 9,837,897 $ 1,000 $ 12,000 $ 12,360 $ 12,731 $ 13,113 $ 1,000 $ 12,000 $ 12,360 $ 12,731 $ 13,113 $ 308,500 ---- $ 833 $ 10,000 $ 10,300 $ 10,609 $ 10,927 $ 1,250 $ 15,000 $ 15,450 $ 15,914 $ 16,391 $ 833 $ 10,000 $ 10,300 $ 10,609 $ 10,927 $ 2,083 $ 25,000 $ 25,750 $ 26,523 $ 27,318 $ 100 $ 1,200 $ 1,236 $ 1,273 $ 1,311 $ 100 $ 1,200 $ 1,236 $ 1,273 $ 1,311 ----- $ 1,000 $ 12,000 $ 12,360 $ 12,731 $ 13,113 ----- $ 200 $ 2,400 $ 2,472 $ 2,546 $ 2,623 $ 1,000 $ 12,000 $ 12,360 $ 12,731 $ 13,113 $ 12,000 $ 144,000 $ 148,320 $ 152,770 $ 157,353 $ 30,833 $ 370,000 $ 370,000 $ 370,000 $ 370,000 $ 360,733 $ 626,800 $ 634,504 $ 642,439 $ 650,612 ($360,733)$ 665,563 $ 939,560 $ 1,325,140 $ 1,808,862 -$ 258,473 $ 314,813 $ 393,516 $ 491,895 $ 2,359 $ 28,305 $ 28,305 $ 28,305 $ 28,305 -$ 139,768 $ 197,308 $ 278,279 $ 379,861 -$ 58,836 $ 83,057 $ 117,142 $ 159,903 $ 2,359 $ 485,382 $ 623,483 $ 817,242 $ 1,059,964 ($363,092)$ 180,181 $ 316,077 $ 507,898 $ 748,898 Total Taxes Owed NET INCOME (LOSS) (START‐UP) Fiscal Year 2018 Tax Local Tax Payroll Tax Federal Tax Liability State Income Tax Utilities Rent Salaries Total Operating Expenses OPERATING INCOME (LOSS) Payroll Processing Printing and Reproduction Security Subcontractor Telephone & Internet Insurance (incl Workers Comp) Legal and Accounting Marketing/Promotions Miscellaneous Expense Office Supplies Total COGS Operating Expenses Automobile/Transportation POS / Track & Trace Start Up Expenses Concentrates Edibles Topicals Pre -rolled Accessories and others Pre-rolled Revenue Accessories & Others Revenue GROSS SALES Cost of Goods Sold (COGS) Flowers Revenue Flower Revenue Concentrates Revenue Edibles Revenue Topicals Revenue PROJECTED INCOME STATEMENT Fiscal Year 2021 Fiscal Year 2022 6.c Packet Pg. 457 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 41 6.8.2 Distribution Services Nibble will offer the below services to other licensed commercial cannabis businesses. It is the commitment of the company to only offer these services to companies who have local and state authority to operate. Service Type Description Cultivation Pick-up Nibble receives a freight request from a Cultivator and sends driver to pick up cultivated cannabis products Cannabis Retailer Delivery Nibble obtains a request for delivery to a Cannabis Retailer. The package is prepared and delivered to the facility. Manufacturer Pick-up Nibble receives a freight request from the Manufacturer and sends driver to pick-up cultivated cannabis products Manufacturer Delivery Nibble obtains a request for delivery to the Manufacturer from a Cultivator. The package will be picked up and delivered to the respective locations. Lab Testing Sample Collection Nibble will coordinate with testing facilities to have samples collected at a secured holding area in the distribution facility 6.8.3 Supported Products Nibble intends on carrying the following products. Packaging supplies will be purchased from a wholesale supplier and pricing will be structured in a way that is profitable for the company. • Products • Pre-Roll • Pre-Roll - Moon Rock • Pre-Roll - Distilled oil • Moon Rocks • Cartridges - THC • Cartridges - CBD • Shatter - Slabs • Distilled Oil - Jars • CBD Pills • THC Soap • THC Cream • THC Topical • Pet CBD • Lip Balm - THC • Lip Balm - Hemp • Terpenes Vape-pens 6.8.4 Packaging Guidelines Nibble will regularly review the state guidelines to ensure all cannabis products are packaged in accordance with the rules set forth by the BCC. Nibble will comply with these rules and use the following standards for packaging. • Products are not allowed to be attractive to children or easily confused with candy/foods that do not contain cannabis. • Packages are required to be tamper-evident, child-resistant, re-sealable, and labeled. • Every cannabis product must be traced by assigning unique ID numbers for identification and tracking. Each cannabis product must be labeled with the following: Pursuant to applicable state regulations, cannabis and/or cannabis products will include the following information, as applicable to those products, and shall conform to any amendments to state laws and regulations: • Packages and labels shall not contain content that is or designated as attractive to • individuals under the age of 21; • The net weight or volume of the contents of the package. 6.c Packet Pg. 458 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 42 • Identification of the source and date of cultivation, the type of cannabis or cannabis product, and date of manufacturing and packaging. • The appellation of origin, if any. • The tetrahydrocannabinol (THC) and cannabidiol (CBD) content for the package in its entirety, expressed in milligrams per package. • A warning if nuts or other known allergens are used. • The product expiration date, “use by” date or “best by” date, if any. • Information associated with the unique identifier issued by the Department of Food and Agriculture. • Information required by the State Department of Public Health’s Manufactured Cannabis • Include the following Universal Symbol provided by the California Department of Public Health’s Manufactured Cannabis Safety Branch: The following Statements in Bold print: 1) For medicinal cannabis products, or contains more than 1,000 mg THC per package it shall include the statement: “FOR MEDICAL USE ONLY.” 2) For edible products the words “Cannabis-Infused” immediately above the identity of the product. 3) For Cannabis: “GOVERNMENT WARNING: THIS PACKAGE CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OROLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. CANNABIS USE WHILEPREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY. PLEASE USE EXTREME CAUTION.” 4) For manufactured Cannabis Products: “GOVERNMENT WARNING: THIS PRODUCT CONTAINS CANNABIS, A SCHEDULE I CONTROLLED SUBSTANCE. KEEP OUT OF REACH OF CHILDREN AND ANIMALS. CANNABIS PRODUCTS MAY ONLY BE POSSESSED OR CONSUMED BY PERSONS 21 YEARS OF AGE OR OLDER UNLESS THE PERSON IS A QUALIFIED PATIENT. THE INTOXICATING EFFECTS OF CANNABIS PRODUCTS MAY BE DELAYED UP TO TWO HOURS. CANNABIS USE WHILE PREGNANT OR BREASTFEEDING MAY BE HARMFUL. CONSUMPTION OF CANNABIS PRODUCTS IMPAIRS YOUR ABILITY TO DRIVE AND OPERATE MACHINERY PLEASE USE EXTREME CAUTION.” 6.8.5 Receipt of Inbound Shipments Nibble will require that all incoming retail products have a detailed shipping manifest ready on arrival. All inbound shipments will have a detailed shipping manifest that can be used for receipt into the company’s inventory tracking system. It is expected that the licensed Transport Agent will carry a detail transportation manifest containing: 1. A unique Purchase Order number to track system receipts 2. Name, license number, and premises address for: a. The licensee who possesses the cannabis goods b. The licensee transporting the cannabis goods 6.c Packet Pg. 459 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 43 c. The licensee receiving the cannabis goods 3. Name and license number of any licensee involved in the activity or transaction who is not shipping, transporting, or receiving the cannabis goods 4. Date and time of activity 5. Date and time of departure from first premises, and estimated time of departure for subsequent premises if cannabis goods are being shipped from multiple premises in one transport vehicle 6. Estimated date and time of arrival at each receiving premises 7. Driver license number for any person driving the transport vehicle 8. Make, model, and license plate number of transport vehicle 9. Name and type of cannabis goods to be transported Upon receipt of cannabis goods for transport, storage, or inventory, the company employee shall ensure that the cannabis goods received are as described in the shipping manifest and shall record acceptance and acknowledgment of the cannabis goods in the track and trace system. If there are any discrepancies between the type or quantity specified in the shipping manifest, whether by type or quantity received by the licensee, the licensee shall record, and document the discrepancy in the track and trace system and in any relevant business record. The shipping manifest will be completed by the distributor and transmitted in the track and trace system to the Bureau and receiving licensee. A physical copy of the shipping manifest will be carried in the transport vehicle at all times while transporting cannabis goods. The shipping manifest will be provided to law enforcement and Department of Consumer Affairs agents upon request. 6.8.6 Outgoing Shipments Nibble will receive requests for shipping from other commercial cannabis licensees. These orders will be converted into outgoing shipments and assigned to drivers employed by the company. All shipments of outgoing products will include a detailed shipping manifest. All transportation recordkeeping will be digitalized and be an output of the inventory tracking system. These will be notated as an outbound sales order. Each sales order will contain the following information: 1. Name, license number, and premises address for: a. The licensee who possesses the cannabis goods b. The licensee transporting the cannabis goods c. The licensee receiving the cannabis goods 2. Name and license number of any licensee involved in the activity or transaction who is not shipping, transporting, or receiving the cannabis goods 3. Date and time of activity 4. Date and time of departure from first premises, and estimated time of departure for subsequent premises if cannabis goods are being shipped from multiple premises in one transport vehicle 5. Estimated date and time of arrival at each receiving premises 6. Driver license number for any person driving the transport vehicle 7. Make, model, and license plate number of transport vehicle 8. Name and type of cannabis goods to be transported The shipping manifest will be completed by the distributor and transmitted in the track and trace system to the Bureau and receiving licensee. 6.c Packet Pg. 460 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 44 A physical copy of the shipping manifest will be carried in the transport vehicle at all times while transporting cannabis goods. The shipping manifest will be provided to law enforcement and Department of Consumer Affairs agents upon request. 6.8.7 Shipment Preparation and Delivery – Cannabis Retailer Nibble will receive orders from Cannabis Retailers for commercial cannabis products that are stored on- site at the facility. Products for distribution will be kept in 2 locations. The Cannabis Retailer can only place orders against inventory stored in WH Location 2, the designated storage location of products that are ready for sale. • WH Location 1: Product waiting on testing. • WH Location 2: Products ready for sale. 1. Cannabis Retailer places an order for items stored in WH Location 2 2. The order is validated and sent to be prepared for shipment 3. All items in the order are retrieved and stored in the Order Preparations area 4. The inventory team validates the correct quantities 5. All items are packaged in a opaque container for delivery to the Cannabis Retailer 6. The packaged shipment is staged in an area that shows it is ready for shipment 7. The state mandated shipment manifest is affixed to the outside of the opaque container 8. Office staff reviews all orders ready for shipment, a transportation route is generated, and a driver is assigned 9. All packages are loaded onto the vehicle for delivery 10. The driver delivers all packages to the Cannabis Retailers 11. Upon delivery, the driver will provide the shipping manifest to the retailer and digitally capture the signature of the receiving party The shipping manifest will be completed by the distributor and transmitted in the track and trace system to the Bureau and receiving licensee. A physical copy of the shipping manifest will be carried in the transport vehicle at all times while transporting cannabis goods. The shipping manifest will be provided to law enforcement and Department of Consumer Affairs agents upon request. 6.8.8 Tax Collection – Cultivation Tax As a cannabis distributor, the company will file your cannabis tax returns and pay the cultivation tax and cannabis excise tax due to the California Department of Tax and Fee Administration (CDTFA). Below is an overview of the reporting and invoicing requirements for cannabis distributors as well as information on how to avoid substantial penalties for failure to pay the cannabis taxes due. Nibble will report cultivation tax under the following conditions: 1. Nibble will report the cultivation tax for the reporting period in which the cannabis or cannabis products enter the commercial market. 2. Nibble will file the report In ounces, including partial ounces rounded to the nearest hundredth, based on the category of dried flowers, dried leaves, or fresh cannabis plant as listed on the invoice from the original cultivator, less any cannabis that was used for testing. 3. Nibble will enter adult-use ounces separately from medicinal ounces for each category. 4. Nibble will obtain additional information from manufacturers on the category and ounces of 6.c Packet Pg. 461 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 45 cannabis used to manufacture the cannabis products to report the cultivation tax properly. 6.8.9 Tax Collection – The Excise Tax Nibble will collect and report cultivation tax under the following conditions: 1. Nibble will report the cannabis excise tax for the reporting period in that the company has sold or transferred the cannabis or cannabis products to the cannabis retailer. 2. Nibble will file based on the average market price of the cannabis or cannabis products. When calculating the average market price in an arm’s length transaction (retailer’s wholesale cost plus the mark-up determined by the CDTFA, currently 60 percent). 3. The company will file the report In ounces, including partial ounces rounded to the nearest hundredth, based on the category of dried flowers, dried leaves, or fresh cannabis plant as listed on the invoice from the original cultivator, less any cannabis that was used for testing. 4. The retailer will collect the cannabis excise tax from their clients and pay the amount collected to Nibble. 6.8.10 Documenting the Taxes Nibble will properly document the amount of the cultivation tax and the cannabis excise tax collected. When collecting the cultivation tax from cultivators or manufacturers, or the cannabis excise tax from retailers, the company will provide an invoice, receipt, or other similar document that contains the following: 1. Nibble, as the distributor. 2. The name of the other licensee (that is, the cultivator, manufacturer, retailer). 3. The associated unique identifier for the cannabis or cannabis product. 4. The amount of cannabis tax collected. 5. The date of the sale or transfer. 6.8.11 Product Storage Nibble will construct and maintain the facility that is ideal for storing retail packaged cannabis products, meeting or exceeding all requirements outlined within San Bernardino Municipal Code for the secure, safe, sustainable, and proper storage of cannabis products Products for distribution will be kept in 2 locations. • WH Location 1: Product waiting on testing. • WH Location 2: Products ready for sale. 6.8.12 WH Location 1 WH Location 1 will be reserved for cannabis products that are waiting on testing. Initial receipts of new batches or harvests will be put in WH Location 1. The following process will be used for WH Location 1: 1. Products is received from a licensed cultivator or manufacturer 2. Inventory is logged into the system as ready for testing 3. An employee makes the arrangements with a testing laboratory to come select a sample 4. The laboratory obtains the sample 5. The Certificate of Analysis is returned with a Pass or Fail. a. If the product passes i. The distributor will generate a label for the test results 6.c Packet Pg. 462 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 46 ii. All items in the batch will be labelled with the test results iii. Products will be physically and systemically transferred from WH Location 1 to WH Location 2 iv. Upon being moved to WH Location 2, the product because ready for sale b. If the product fails i. Nibble will notify the originating licensee ii. The employee will move to the Failed Cannabis Products Procedure 6.8.13 WH Location 2 WH Location 2 will be reserved for products ready for sale. All products ready for sale will be packaged in accordance to state standards with compliant packaging and test results. The following processes will be used for WH Location 2: 1. Inventory is systemically and physically transferred to WH Location 2 2. Within WH Location 2, there will be warehouse bins and shelving with an alphanumeric number associated with each location 6.8.14 Cannabis Testing – Sample Collection It is the responsibility of the company to ensure that all cannabis products are tested prior to distribution. Nibble will use the following procedures to ensure the cannabis products are tested: 1. Nibble will contract with a licensed laboratory for testing. 2. Once the company has taken physical possession of cannabis goods from a licensed cultivator or manufacturer, the company will contact the testing laboratory. 3. The testing laboratory will send an agent to select a sample from the physical cannabis goods. 4. Nibble will ensure that a distribution agent is present when the laboratory sends an agent to select a sample. 5. The sample will be selected from a room that has video surveillance. The sampling shall be video recorded with the batch number stated at the beginning of the video and a visible time and date indication on the video recording footage. The video recordings shall be maintained for 180 days. 6. After the sample has been selected, both the distributor and the laboratory employee shall sign and date the chain of custody form pursuant to section 5709 of the BCC Emergency regulations, attesting to the sample selection having occurred. 7. The distributor will not assist the laboratory employee or touch the cannabis goods or the sampling equipment while the laboratory employee is obtaining the sample. 6.8.15 Cannabis Testing – Quality Assurance Nibble will place cannabis products in a holding area while waiting to receive the Certificate of Analysis back from the testing laboratory. If the cannabis products meet department specifications – “passes”, the company will do the following: 1. Nibble will label on the cannabis goods is consistent with the certificate of analysis regarding cannabinoid content and contaminants required to be listed by law; 2. Adhere packaging to the products that complies with applicable packaging laws including, but not limited to, Business and Professions Code section 26120; 3. The packaging will be tamper evident. “Tamper evident” means a one-time-use seal is affixed to the opening of the package, allowing a person to recognize whether or not the package has been opened; 6.c Packet Pg. 463 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 47 4. The weight or count of the cannabis batch will match with that in the track and trace system. a. Nibble will use scales as required by the BCC. 6.8.16 Failed Cannabis Products In the event that a sample “fails” laboratory testing, the company will follow the below procedure. 1. Nibble will notify the originating licensee 2. If a failed sample was collected from a batch and the batch could be remediated pursuant to section 5727 of this division, a distributor may transport or arrange for the transportation of the batch to a cultivator or manufacturer for remediation. 3. If a failed sample cannot be remediated, the distributor shall not destroy the batch pursuant to section 5727 of the Emergency Regulations. 4. No “failed” products will be released for sale. 6.8.17 Disposal and Destruction Protocols Cannabis may be destroyed under the following circumstances: • if it goes unused, as when a variety is produced in a quantity that exceeds actual user demand, and it is also not wanted by other dispensaries, • if it is found by internal quality control assessments to be infected or contaminated or fails to meet other quality control standards, • if it is recalled due to batch-related quality control concerns, • if it is returned by a distributor because o it was found to be defective, o if it is no longer needed by the user, o if the company’s license expires without being renewed or is revoked. Procedures for Destroying Cannabis. Nibble will destroy defective cannabis and plant by-products in- house by degrading then into a wholly unusable form: grinding and soiling cannabis waste with non- consumable solid wastes. In this form, cannabis waste can be disposed of at an approved waste facility. Whenever cannabis is destroyed, the following information will be retained: • the control numbers associated with the cannabis turned over for destruction, • the reason it was turned over for destruction, • the names and signatures of the law enforcement officials receiving the cannabis, • the amount turned over, and • the date and time it was turned over. The distribution employee must be present for the inventory transfer and must, along with at least one other employee acting as witness, sign a printed record of inventory transfer, which will be kept as a hard copy or electronically as a scanned facsimile for not less than five (5) years. Whenever cannabis is destroyed on site an inventory record is generated indicating: • the control numbers associated with the cannabis destroyed, • the reason it was destroyed, • the manner in which it was destroyed, • the amount destroyed, • the date and time it was destroyed, and • those present during the destruction. 6.c Packet Pg. 464 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 48 The distribution agent must be present for all on-site destruction and must, along with at least one other employee acting as witness, sign a printed record of disposal, which will be kept as a hard copy or electronically as a scanned facsimile for not less than five (5) years. 6.c Packet Pg. 465 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 49 6.9 INVENTORY PROCEDURES In accordance with finalized state regulations and San Bernardino Municipal Code, Nibble will implement the procedures to monitor and control inventory. It will be the responsibility of Nibble’s General Manager to track and monitor all inventory on the registered premises from the moment is it received, produced or procured to the completion of its delivery. The primary element of the company’s inventory control plan is the Greenbits which is a robust enterprise software platform designed specifically for commercial cannabis inventory tracking. This technology enables the tracking of every action performed on cannabis material or finished cannabis product, every movement of inventory, and every sale, capturing batch and lot numbers throughout and ensuring the security and traceability of all inventory at all times. To minimize theft and diversion, all packaged inventory will be affixed with a barcode that can be scanned and efficiently tracked using the proposed inventory control system. The system uses a handheld scanner application to scan and track the unique serial numbers associated with each unit of inventory. If inventory is found to be missing, the General Manager will notify the Security Manager and the other managers on site and consult with them to discuss the necessary actions to remedy the situation. An internal investigation will determine how, when and where the inventory was lost or stolen. Nibble’s senior management team will perform monthly inventory checks to ensure accuracy of all records. The proposed inventory control system’s standard reports include a daily report that details each day’s beginning inventory, acquisitions (if any), sales, disbursements, disposal of unusable cannabis (if any), and the day’s ending inventory. Sales to other cannabis clients will be tracked through the Greenbits, which will include inventory control system with received products being tracked with a Purchase Order and outbound shipments tracked through a sales order. 6.9.1 Point of Sale Software Description Nibble will, at all times, maintain, operate, and use point of sale software to track inventory, sales, and products. The company intends on using Greenbits as a point of sale software. This software will comply with the minimum requirements of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). Nibble will protect confidential information in all records kept and maintained by the company. All records will be identified as confidential and any disclosure will be limited in a manner that maintains the confidentiality of the information contained therein. Nibble will maintain: 1. A complete set of books of account, invoices, copies of orders and sales, shipping instructions, bills of lading, weigh bills (or “way bills”) bank statements including cancelled checks and deposit slips and all other records necessary to show fully the company’s business transactions. 2. Receipts via a computer program or by pre-numbered receipts and will use such receipts for each sale. 3. Business records that clearly track cannabis product inventory purchased and sales and disposal thereof, to clearly track revenue from sales of any cannabis products separately from those of non- cannabis items or services offered by the Cannabis Business. 4. An inventory record documenting the dates and amounts of Cannabis manufactured or sold at the facility property, and the daily amounts of Cannabis stored on the facility property. The records will clearly show the source, amount, price, and dates of all cannabis received or purchased, and the amount, price, dates and business, all cannabis products sold. 6.c Packet Pg. 466 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 50 5. Proof of a valid Business License Permit issued by the City of San Bernardino. 6.9.2 Track and Trace Account Manager Pursuant to state law, Nibble will designate one individual to own the management of the track and trace system. This individual may authorize other owners or employees as track and trace system users and shall ensure that all users are trained on the track and trace system prior to use. The Track and Trace Account Manager will adhere to the following rules: 1. The account manager shall attend and successfully complete all required track and trace system training, including any orientation and continuing education. 2. If the account manager did not complete the required track and trace system training prior to receiving their annual license, the account manager shall sign up for and complete state mandated training, as prescribed by the Bureau, within five business days of license issuance. 3. The account manager and each user shall be assigned a unique log-on, consisting. of a username and password. The account manager or each user accessing the track and trace system shall only do so under his or her assigned log-on, and shall not use or access a log-on of any other individual. No account manager or user shall share or transfer his or her log-on, username, or password, to be used by any other individual for any reason. 4. The account manager shall maintain a complete, accurate, and up-to-date list of all track and trace system users, consisting of their full names and usernames. 5. A licensee shall monitor all compliance notifications from the track and trace system, and timely resolve the issues detailed in the compliance notification. 6.9.3 Opening and Closing Inventories Employees will regularly conduct an inventory of all products. 1. A comprehensive inventory of all cannabis will be done twice daily: a. Before the retailer opens b. After close of daily operations. 2. All cannabis and items containing cannabis are counted, weighed, or both. 3. Inventory results will be submitted to the Inventory Control Agent for reconciliation with the inventory data generated the previous evening or in the operations of the day after being closed out. 4. Discrepancies will trigger an inventory audit by the Inventory Control Agent and, if confirmed, a review of electronic security and surveillance data. 5. Law enforcement authorities will be notified immediately if the Inventory Control Agent ascertains that there has indeed been loss, theft, improper diversion, or any other criminal activity. 6.9.4 Mandated Bi-Weekly Inventories At intervals not exceeding thirty (14) days, the Inventory Control Agent will conduct and document an audit of the inventory that is accounted for according to generally accepted accounting principles. Any unexplained shrinkage will be documented and trigger a review of electronic security and surveillance data. When Nibble determines where the shrinkage occurred, appropriate corrective measures will be implemented. Law enforcement authorities will be notified immediately if the Inventory Control Agent ascertains that there has indeed been loss, theft, improper diversion, or any other criminal activity. 6.9.5 Notification of Theft, Loss, and Criminal Activity Pursuant to state law, a licensee shall notify the Bureau and local law enforcement within 24 hours of discovery of any of the following situations: 6.c Packet Pg. 467 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 51 1. The licensee discovers a significant inventory discrepancy. a. A significant discrepancy in inventory means a difference in actual inventory compared to records pertaining to inventory of at least $5,000 or 2 percent of the average monthly sales of the licensee, whichever is less. 2. The licensee discovers theft, loss, or any other criminal activity pertaining to the operations of the licensee. 3. The licensee discovers theft, loss, or any other criminal activity by an agent or employee of the licensee pertaining to the operations of the licensee. 4. The licensee discovers loss or unauthorized alteration of records related to cannabis goods, clients, or the licensee’s employees or agents. 5. The licensee discovers any other breach of security. In the case that one of the activities above is discovered by the licensee, the licensee will follow the below procedure. 1. Notify local law enforcement. 2. Record the date and time of the loss. 3. Record a description of the incident and where applicable the items that were taken or lost. 6.9.6 Diversion Prevention Regarding diversion prevention, Nibble will meet or exceed all current local and state regulations, and will adjust its processes to adhere to any changes implemented in future federal, state, or local regulations. Details regarding how the company will secure all cannabis as a part of the tracking process are included in the Security Plan section of this application. 6.9.7 Recordkeeping Plan Nibble will maintain the following records on the facility property: 1. The full name, address, and telephone number(s) of the owner, landlord, and/or lessee of the facility property. 2. The full name, address, and telephone number(s) and a fully legible copy of a government issued form of identification of each employee engaged in the management of Nibble and a description of the nature of the participation in the management of the company. 3. The full name, date of birth, residential address, and telephone number(s) of each employee and Manager 4. The date each employee and manager joined the company. 5. The exact nature of each employee's and manager’s participation in Nibble. Nibble will maintain any and all records described above for a period of seven (7) years. 6.9.8 Financial Recordkeeping If required by the City of San Bernardino, Nibble will prepare an annual financial report (hereinafter, the "Annual Report") and submit it to the City Manager (or his or her designee). The Annual Report will: 1. Be filed and submitted no later than April 30 every calendar year for each preceding calendar year. 2. Summarize the quarterly reports that were filed with the State Board of Equalization in the previous year. 3. Have the following appendices: a. A copy of any and all documents, records, or forms submitted to the State Board of Equalization for the reporting year), which in any manner documents transaction activities 6.c Packet Pg. 468 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 52 relating to the operation of the Cannabis Business. This includes, but is not limited to, Board of Equalization Form 401, or its electronic equivalent. b. Nibble will maintain any and all records or documents that serve as the basis for preparing the Annual Report for a period of seven (7) years. Nibble will enter the information required in the inventory tracking system in accordance with finalized state regulations and San Bernardino Municipal Code. The detailed specifications of Nibble’s inventory tracking system are included below, and in the Point of Sale Software Description section of this application. 6.c Packet Pg. 469 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 53 7 ENHANCED PRODUCT SAFETY Describe how the CCB will ensure enhanced consumer safety as required by State or local law. Nibble has included several sections within the document to highlight Enhanced Product Safety. The founders are fully committed to a legal, safe, and compliant operation. Evidence of this can be seen throughout the document. A handful of sections will be included in this section as evidence of the policies and procedures that Nibble will adhere to, ensuring consumer safety, quality product, and accessibility. 7.1 MEETING CONSUMER NEEDS The proposed facility has been designed and sized to accommodate its share of current consumers as well as an anticipated increase in consumers as participation in the state’s recreational cannabis program increases. 7.1.1 Product Selection Nibble’s expert operators will source a variety of high quality products in order to meet consumers’ needs. Licensed product vendors will be vetted and their products will be investigated for quality and safety before they are stocked at the retail facility. Where permitted, employee(s) who are consumers will be allowed to volunteer to test products and provide feedback to inform purchasing decisions. 7.1.2 Medical Cannabis Products Nibble will produce or procure manufactured products that are consistent across manufacturing cycles, ensuring that consumers can expect the same experience and benefit each time they purchase them. The selection of products will ensure that options are available for consumers with a high tolerance or who need a heavy dose as well as consumers new to recreational cannabis treatment who find satisfaction in a low dose. Nibble’s varied product lines will also provide consumers with different methods of administration to choose from, each with unique onset, duration and side effects. Each product will be clearly labeled with the recommended dosage and safe storage instructions. 7.2 LOCATION The proposed facility is located in an area strategically chosen to be accessible to a broad segment of the community, including various economic, ethnic and racial classes. The facility’s 24-hour surveillance, on- site security guards, outdoor lighting, and professional, façade will bring heightened security to the area. A study funded in 2017 by the National Institute on Drug Abuse indicated that cannabis businesses’ duplicative security measures often reduce crime in their neighborhoods. 7.3 ACCESSIBILITY The proposed facility is located in along a major transportation to ensure accessibility for consumers and caregivers. It is ADA accessible and has 2 disabled person parking spaces. There are multiple public transportation lines serving the location. To accommodate San Bernardino’s Latino residents, staff will include at least one full time employee who is bilingual in Spanish and English. 6.c Packet Pg. 470 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 54 7.4 CANNABIS TESTING – SAMPLE COLLECTION It is the responsibility of the company to ensure that all cannabis products are tested prior to distribution. Nibble will use the following procedures to ensure the cannabis products are tested: 1. Nibble will contract with a licensed laboratory for testing. 2. Once the company has taken physical possession of cannabis goods from a licensed cultivator or manufacturer, the company will contact the testing laboratory. 3. The testing laboratory will send an agent to select a sample from the physical cannabis goods. 4. Nibble will ensure that a distribution agent is present when the laboratory sends an agent to select a sample. 5. The sample will be selected from a room that has video surveillance. The sampling shall be video recorded with the batch number stated at the beginning of the video and a visible time and date indication on the video recording footage. The video recordings shall be maintained for 180 days. 6. After the sample has been selected, both the distributor and the laboratory employee shall sign and date the chain of custody form pursuant to section 5709 of the BCC Emergency regulations, attesting to the sample selection having occurred. 7. The distributor will not assist the laboratory employee or touch the cannabis goods or the sampling equipment while the laboratory employee is obtaining the sample. 7.4.1 Cannabis Testing – Quality Assurance Nibble will place cannabis products in a holding area while waiting to receive the Certificate of Analysis back from the testing laboratory. If the cannabis products meet department specifications – “passes”, the company will do the following: 1. Nibble will label on the cannabis goods is consistent with the certificate of analysis regarding cannabinoid content and contaminants required to be listed by law; 2. Adhere packaging to the products that complies with applicable packaging laws including, but not limited to, Business and Professions Code section 26120; 3. The packaging will be tamper evident. “Tamper evident” means a one-time-use seal is affixed to the opening of the package, allowing a person to recognize whether or not the package has been opened; 4. The weight or count of the cannabis batch will match with that in the track and trace system. a. Nibble will use scales as required by the BCC. 7.4.2 Failed Cannabis Products In the event that a sample “fails” laboratory testing, the company will follow the below procedure. 1. Nibble will notify the originating licensee 2. If a failed sample was collected from a batch and the batch could be remediated pursuant to section 5727 of this division, a distributor may transport or arrange for the transportation of the batch to a cultivator or manufacturer for remediation. 3. If a failed sample cannot be remediated, the distributor shall not destroy the batch pursuant to section 5727 of the Emergency Regulations. 4. No “failed” products will be released for sale. 6.c Packet Pg. 471 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 55 7.5 ACCEPTING COMPLAINTS Nibble takes products complaints very seriously. The company will develop a digital procedure for collecting product complaints via the company website. Complaints can be submitted by anyone, whether it is a consumer or employee of the cannabis retailer. The form for submitting complaints will contain the following information: • Full Name • Product Type • Description of the issue • Date of purchase (if applicable) • Location of the purchase (if applicable) 7.5.1 Researching Complaints The web form will generate an automated email that will be sent to the Director of Operations. The Director of Operations will research the complaint or assign an employee to research the complaint. When researching, the following items will be collected: • Inventory history • Date of shipment to the retailer • Testing results of the product • List of other retailers who purchased the product If it is determined there is a quality issue, the following actions will be taken: • Testing laboratory engaged for potential retesting if the batch is on-site • Contacting the originating manufacturer or cultivator • Potentially issue a recall notice to all retailers who still have the product Any products that are identified for quality reasons are weighed and sent for inspection and analysis. If evidence of pests, contamination, or other defects is found, the inventory tracking system will identify all products derived from the same plant or batch (regardless whether they are still in our Retailer or have been dispensed to consumers), allowing us to do wider testing and remediate, protect, or dispose of inventory as needed and recall products when necessary. 7.5.2 Response to Complaints Nibble will respond to all complaints with the action taken to rectify the situation. All responses to complaints will be digital and Nibble will keep a copy of the complaint, the research, actions, and response for a period of 7 years. This information will be stored with physical copies on file and/or on the cloud which will be backed-up and regularly maintained. 7.5.3 Returns Process Cannabis may be returned for several reasons: • it is no longer needed • it is found to be defective • it has been recalled by due to quality concerns with the associated batch. Product No Longer Needed. If cannabis is returned because it is no longer needed, then pending verification that it was in originated from the facility, the buyer t will receive a receipt indicating the type, date, and amount of returned cannabis. 6.c Packet Pg. 472 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive 56 Product Returned as Unsatisfactory. Nibble believes that a customer-friendly return policy is essential to all aspects of our operation. We would like to be made aware as soon as possible of any product safety issues that have escaped our screening process so that we can promptly analyze and correct the problem. An unaccepting attitude toward product returns will only discourage reporting of quality concerns and encourage diversion for monetary gain. We will serve our mission better by supporting the return of products that patients find unsatisfactory. Our goal is to develop a policy that neither discourages nor incentivizes returns. Any products returned for quality reasons are weighed and sent for inspection and analysis. If evidence of pests, contamination, or other defects is found, the inventory tracking system will identify all products derived from the same plant or batch (regardless whether they are still in our Retailer or have been dispensed to consumers), allowing us to do wider testing and remediate, protect, or dispose of inventory as needed and recall products when necessary. Customers will be informed of our return policies and rules both verbally and in writing when making a purchase. We will make sure customers understand that • to return products, they must first make, in advance, an appointment specifically for this purpose, • cannabis damaged by improper storage by the customer may be returned, but shall not be replaced, • the cannabis must have in fact been purchased at our facility and have been the most recent purchase made by the customer or by the customer’s designated caregiver on the customer’s behalf. 7.5.4 Recalled Cannabis In the event that cannabis products are recalled, Nibble will pull from the Greenbits all Cannabis Retailers or Customers who purchased the product. Each retailer or customer will be notified in writing of the recall and reason for the recall. It will be the policy of Nibble to ask each retailer to remove the items from the shelf and destroy the cannabis on-site. In the event that the cannabis cannot be destroyed on-site, Nibble will send a driver to pick-up the product. Credits will be issued to the retailer for the recalled product. It will be the responsibility of the retailer to issue a recall notice to the consumers who purchased the product. 6.c Packet Pg. 473 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive APPENDIX A – APPLICANT & BUSINESS OWNER COMMUNITY RECOGNITIONS [Page intentionally left blank] 6.c Packet Pg. 474 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19-  847$% ##' !% $,:7336 &55,5349   % * #, *#  "& #%#0 %1 ( ## &$$$!#% ## -  .'%!$&# ( #(% % "& % #%!$%%#*#$'  %  (%$#$! $,! !( # %#% %#$$-* '**#$ )!#%# ('#*$&$$&'&&$$$$-  % &#'%$, &%  "& %%  ((%$  (%%# &!-* # % *(#,%* #$&$% $%%$$$%&$% &!/' &#$#'&$$$-  '#%*#$,('%#')%$'*% %#0,#, ) ,, %# & &%%1'% !! #%&%*% (%$$ (%*$ %%'%*#$-*#!%,#%',#$ &#&!# $ '#$-  %#!% , "& %$! % &$* #+'$%%  #! %% %  % &$$  #$ #% $#- % "&#% &%& '%',$($/#%- . %%%%# &$$$(! $%' %#&% % % &%* ## -  # #$,   #- # 6.c Packet Pg. 475 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 6.c Packet Pg. 476 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- RADIANCE GROUPIES INC. 25 Topsail St Marina Del Rey 90292 California June 23, 2018 To Whom It May Concern: It is with great pleasure I recommend Raquel Origel for a cannabis micro license in San Bernardino. I am fortunate to know Raquel on a business and personal level for the past five years. Her willingness to help, find the good in everyone and genuine love of people are some of what I admire most about her. Raquel and I have worked together to raise awareness for Feed a Billion, a non profit organization with a cause near and dear to our hearts; poverty, homelessness and human trafficking. We share in the desire to help empower women to radiate in their feminine essence while successfully navigating through business and success. Raquel embodies this in all she does. In short, Raquel will bring her love, integrity and determination to make her dreams a reality while lifting up those around her. She has a true desire to create a workplace where her employees can flourish, and the community is uplifted. Her mission is beautiful, and San Bernardino is the perfect place for her to continue on her mission to empower change. She will surely be a tremendous asset to the town and its families. Brilliantly yours, Tatiana Dudyez, CEO and Founder Radiance Groupies INC. 6.c Packet Pg. 477 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 6.cPacket Pg. 478Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19-     Smith Coaching  SDS Holdings, LLC Series C  14271 W Peninsula  Whitehouse, TX  75791    To Whom It May Concern: I have had a working relationship with Raquel Origel for a couple of years. I am an executive coach and work with many different types of businesses and people. She has an incredible work ethic and is willing to put everything she has into the projects she selects. She would be a valuable business owner that operates with integrity in the San Bernardino area. I would be happy to provide a verbal reference if you would like to contact me at 903-705- 8900. Please let me know if I can assist. I highly recommend her for whatever business she is seeking in your area. Thank you, Dan Patrick Smith 903-705-8900 Dan@ontocore.com 6.c Packet Pg. 479 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive APPENDIX B – ZONING VERIFICATION LETTER FOR 506 W. INLAND CENTER DRIVE [Page intentionally left blank] 6.c Packet Pg. 480 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 6.c Packet Pg. 481 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- 6.c Packet Pg. 482 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- Nibble This, LLC | Microbusiness at 506 W. Inland Center Drive APPENDIX C – PLANS, ELEVATIONS, & AREA MAP FOR 506 W. INLAND CENTER DRIVE [Page intentionally left blank] 6.c Packet Pg. 483 Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19- NOPARKINGNOPARKING 146789101112235JAVIER / 06-21-2018506 INLAND506 Inland Center Drivearchitecture • design2311Los AngelesCalifornia323 664 9091 fax323 662 3111 tel90027Hyperion AvenueCopyright 2005 UNRUH BOYER Professional Design Corporationa professional architecture and design corporationemail@unruhboyer.comDescriptionDateRevisionsDateNo.Preparer / DateCheckedProjectScaleSheet TitleSheet Numberof Sheets506 INLANDSan Bernardino, CA 92408SCALE:3/16" = 1'-0"SITE PLAN - PROPOSEDNA0.1SITE PLAN - PROPOSED3/16"=1'-0"Subject Property:506 Inland Center Dr.San Bernardino CA 92408-3622 SF-W. MILL ST.IN L A N D C E N T E R D R I V E (e) light post(e) trashcollection to beremoved(e) conc. ramp(e) transformer(e) handicap signLANDSCAPE AREA930 sfLANDSCAPE AREA375 sfLANDSCAPE AREA161 sf(e) driveway(e) driveway(e) rampOCCUPIED SPACE:2,292 SFCOVERED PARKING:1,330 SFR.5R.4B.4R.6R.1R.2R.3B.3B.2B.1P.5P.6P.1P.2P.3P.4P.XR.XB.XNOTE: CITY REQUIREMENT OF 1/4"=1'-0 SCALE ONSITE PLANS WAS NOT ACHIEVED DUE TO THE SHEETSIZE AND SIZE OF THE PROPERTY, THEREFORE3/16"=1'-0" SCALE WAS USED.PARKING LOT SURROUNDING CAMERA (P.1 - P.5)ROOF CAMERA (R.1 - R.6)ROOF LASER BEAM (B.1 - B.4)PROPOSED PARKING: 12 STALLS6.cPacket Pg. 484Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19-0001) 501CHEVRON550 AUDIO EXTREME570O'REILY AUTO PARTS590JUAN POLLO CHICKEN596STEREO CITY599US HEALTH WORKS / INLAND PRINT CENTER524CARL'S JR.566AUTO ZONE0VACANT LOT580HARBOR FREIGHT TOOLS / VACANT GROCERY620LIMOUSINE EXPRESS INC. / SECURITY OFFICES / TRAINING ACADEMY0VACANT LOT540 EARL SCHEIB PAINT & BODY0VACANT LOT494 WEINERSCHNITZEL470ALBERTO'S MEXICAN FOOD440BCS FURNITURE400BCS FURNITURE499JACK IN THE BOX477ALANBERTOS MEXICAN FOOD0VACANT LOT441IGLESIA ALCANCE VICTORIA0VACANT LOT407ARROWHEAD FAMILY DENTISTRY423BLUE GIRL FLOWERS436PARKING460 STARSHINE TREATMENT CENTER488VACANT LOT444GUS JR. HAMBURGER689NATIONAL ORANGE SHOW & EVENT CENTEREXISTING USE:689600'-0" DIAMETER FROM PARCELJAVIER / 06-21-2018506 INLAND506 Inland Center Drivearchitecture • design2311Los AngelesCalifornia323 664 9091 fax323 662 3111 tel90027Hyperion AvenueCopyright 2005 UNRUH BOYER Professional Design Corporationa professional architecture and design corporationemail@unruhboyer.comDescriptionDateRevisionsDateNo.Preparer / DateCheckedProjectScaleSheet TitleSheet Numberof Sheets506 INLANDSan Bernardino, CA 92408A1.2AREA MAPNTSsubject property:506 Inland Center Dr.San Bernardino CA 924085996.cPacket Pg. 485Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19-0001) JAVIER / 06-21-2018506 INLAND506 Inland Center Drivearchitecture • design2311Los AngelesCalifornia323 664 9091 fax323 662 3111 tel90027Hyperion AvenueCopyright 2005 UNRUH BOYER Professional Design Corporationa professional architecture and design corporationemail@unruhboyer.comDescriptionDateRevisionsDateNo.Preparer / DateCheckedProjectScaleSheet TitleSheet Numberof Sheets506 INLANDSan Bernardino, CA 92408A3.0EXTERIOR RENDERSNTS6.cPacket Pg. 486Attachment: CED.Nibble Ths Location Change.Attachment 2 (6227 : Commercial Cannabis Business Permit Location Change Request CCB19-0001) 7.a Packet Pg. 487 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.REPORT (6228 : Substantial Amendment to FY 2019-2020 Action Plan) 8/1/2019 11:00 AM The two additional activities proposed for the Fiscal Year 2019-2020 Action Plan are: 1. Arrowhead Grove Phase 2 (Phase 2): Funding for this project in the amount of $830,000 in HOME funds is proposed for 184 rental housing units (147 affordable, 35 market rate and 2 manager units). Phase 2 of Arrowhead Grove is a $79 million development project, scheduled to begin construction September 2019. The. HOME regulations require that all funds from fiscal year 2014 and prior year allocations be expended within five years. HUD will deobligate any funds that are not expended within the five-year deadline, and such funds will be returned to the federal treasury. Between 2015 and 2018, the County of San Bernardino Community Development and Housing Agency managed the City’s HOME funds under a consortium agreement. Consequently, the City was not funding HOME programs and those funds were being held in the City’s account. Rather than sending back the dollars, Arrowhead Grove has need for additional funds and the project presents an opportunity for the City to use the dollars. 2. CHDO Set-aside: The HOME program regulation 24 CFR 92.300 requires that at least 15% of the City’s HOME funds be set aside for specific activities which are to be undertaken by Community Housing Development Organizations (CHDO). A CHDO is a private nonprofit, community-based organization that has staff with the capacity to develop affordable housing for the community it serves. Therefore, $191,964 of the 2019-20 HOME allocation is designated for CHDO use for new construction of two houses for first-time homebuyers. Income will range 50% to 80% of Area Median Income (AMI). 2019-2020 Goals and Objectives The proposed Substantial Amendment to the Action Plan will continue to ensure that public projects and programs that benefit the residents of San Bernardino align with Mayor and City Council Goal 4: Ensure Development of a Well-Planned, Balanced and Sustainable City and Goal 7: Pursue City Goals and Objectives by Working with Other Agencies. Fiscal Impact There will be no impact to the City’s general fund since the funding sources for the two activities is provided by federal grants. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt a Substantial Amendment to the FY 2019-2020 Action Plan. 2. Direct the Finance Director or his designee to revise the Fiscal Year 2019-20 Budget pursuant to the Substantial Amendment to the FY 2019-2020 Action Plan. 7.a Packet Pg. 488 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.REPORT (6228 : Substantial Amendment to FY 2019-2020 Action Plan) 8/1/2019 11:00 AM Attachments Attachment 1 Draft Amended City of San Bernardino FY 2019-2020 Action Plan Attachment 2 Draft Amended Recommended Fiscal Year 2019-2020 Action Plan Activity Recommendations Ward: N/A Synopsis of Previous Council Actions: On May 15, 2019, the City Council approved the City's Draft Fiscal Year 2019-2020 Action Plan. 7.a Packet Pg. 489 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.REPORT (6228 : Substantial Amendment to FY 2019-2020 Action Plan) Annual Action Plan 2019 1 OMB Control No: 2506-0117 (exp. 06/30/2018) CITY OF SAN BERNARDINO DRAFT FY 2019-2020 ACTION PLAN – Substantial Amendment PROJECTS TO BE UNDERTAKEN TO MEET THE OBJECTIVES OF THE CONSOLIDATED PLAN Mayor: John Valdivia Councilmember First Ward: Theodore Sanchez Councilmember Second Ward: Sandra Ibarra Councilmember Third Ward: Juan Figueroa Councilmember Fourth Ward: Fred Shorett Councilmember Fifth Ward: Henry Nickel Councilmember Sixth Ward: Bessine L. Richard Councilmember Seventh Ward: James L. Mulvihill Photo: Delmann Heights Park Funded with City CDBG Dollars 7.b Packet Pg. 490 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 2 OMB Control No: 2506-0117 (exp. 06/30/2018) Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of San Bernardino (City) must prepare and submit to the Department of Housing and Urban Development (HUD) an Annual Action Plan that details the proposed uses of federal grants the City receives. The City is an entitlement community and receives the following federal grants: • Community Development Block Grant (CDBG) • HOME Investment Partnerships Program (HOME) • Emergency Solutions Grant (ESG) The Action Plan serves as the City’s annual application to HUD and is a requirement for a receipt of yearly allocations of the grants noted above. To receive these funds, the City undertakes a planning process known as the Consolidated Plan cycle. This process is documented by three reports: 1) a Five- Year Consolidated Plan; 2) five annual one-year Action Plans, and 3) five annual Consolidated Annual Performance and Evaluation Reports (CAPERs). 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of San Bernardino has a range of housing and community development needs. The City's objective is to use its grant funds to coordinate programs, services, and projects with the anticipated outcome of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the FY 2015-2020 CONSOLIDATED PLAN established in consultation with residents and community groups are noted. Priority Objectives/Goals 1. Preserve and rehabilitate existing single-family dwellings: by extending the useful life of existing housing stock through repair and rehabilitation loans to approximately ten (10) low and moderate income households. 2. Expand homeownership opportunities and assist homebuyers with the purchase of affordable housing: fund construction of eight (8) for-sale new single family homes for first time homebuyers, and/or provide down-payment assistance to eight (8) first time homebuyers. Incomes will range from 50% to 80% of Area Median Income (AMI). 7.b Packet Pg. 491 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 3 OMB Control No: 2506-0117 (exp. 06/30/2018) 3. Assist homeless and special needs populations with supportive services: Fund social service organizations to assist homeless persons through the provision of homeless prevention, emergency shelter, outreach, supportive services and placement in permanent supportive housing. Total assisted will be approximately 350 persons. 4. Promote economic development and employment opportunities for low and moderate income persons: Fund education and training for approximately ten (10) business owners to launch and retain successful small business and improve business viability. 5. Promote economic development and employment opportunities for low and moderate income persons: Repayment of Section 108 Loan which will create 45 jobs. 6. Improve and expand existing community facilities and infrastructure to meet current and future needs: Fund city-wide public facility improvements that benefit low and moderate income households to include public libraries, parks, community swimming pools, lighting, sidewalks, and replacement of unsafe park playgrounds (replacement of playground equipment in five parks in the City's CDBG eligible areas). In addition to the playground equipment at the five parks, funding has also been designated for re-roofing at Lytle Creek Park Community Center. 7. Eliminate identified impediments to fair housing through education, enforcement, and testing: Fund fair housing activities to include fair housing enforcement, landlord/tenant mediation and education to approximately 3000 persons. 8. Planning and administration: Funding for planning and administration of CDBG, HOME and ESG. 9. Provide rental assistance and preserve existing affordable rental housing: In FY 2019-2020 will inspect 15 assisted rental projects to ensure units remain affordable and habitable. 10. Expand the affordable housing inventory through new construction: construction of 147 permanently affordable rental units at 30%, 50% and 60% of AMI at Arrowhead Grove. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings - Ten (10) homes were rehabilitated through the City's Owner Occupied Rehabilitation Loan Program (OORP). Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing - In FY 2018-19 the City completed and sold three (3) new newly built homes on infill lots to households at 50% to 80% of AMI. Provide Supportive Services - Homeless / Non-Homeless Special Needs: In FY 2018-2019, the City addressed worse case needs by assisting in the acquisition and rehabilitation of an apartment complex known as Golden Apartments with 38 units to assist homeless households into permanent supportive housing units. This FY 2019-2020, the City will allocate $830,000 in HOME funding to Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of construction. This 7.b Packet Pg. 492 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 4 OMB Control No: 2506-0117 (exp. 06/30/2018) project will result in a total of 184 mixed-income family apartments. The new construction will provide 147 affordable family units. Promote Economic Development: The City held eight (8) small business/entrepreneur workshops. Approximately, 120 persons attended the workshops in FY 2018-2019. Staff recommends that this program continue in FY 2019-2020 to pursue economic revitalization that will provide jobs and improve the economy of San Bernardino. Improve Facilities and Infrastructure – Public Facilities Projects: In FY 2018-2019, the City completed: the pool plaster phase II; HVAC replacement at Feldheym Library; playgroung equipment replacement at Jack Riley Park, Gutierrez Field, Delmann Heights Park, Encanto Park, La Plaza Park and Colony Park; in addition to roof installation at the Howard Rowe Branch Library, shade installation at the Jerry Lewis Swim Center, pool plastering project, infill housing street and sidewalk improvement, Arrowhead Grove Demolition, Perris Hill park improvements, and Seccombe Lake Park Improvements. Eliminate identified impediments to fair housing through education, enforcement, and testing: The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to approximately 3,300 persons in the City. Planning and Administration: Funding for planning and administration of CDBG, HOME and ESG. Provide rental assistance and preserve existing affordable rental housing: In FY 2018-2019, two (2) assisted rental projects were inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction: In FY 2018-2019, the City completed the rehabilitation of an apartment complex known as Golden apartments to the coversion of 21 apartments to 38 apartments to assist homeless households into permanent supportive housing units. Improve Neighborhood Conditions - Demolition Program: Funding for this project has been eliminated due to the program’s inability to spend down its CDBG budgeted amounts during two consecutive years. 4. Summary of Citizen Participation Process and consultation process 7.b Packet Pg. 493 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 5 OMB Control No: 2506-0117 (exp. 06/30/2018) Summary from citizen participation section of plan. To solicit public input during the development of the Consolidated Plan, the City conducted two community workshops, distributed a Housing and Community Development Needs Survey to city residents, mailed flyers to agencies that provide support services to city residents, posted the draft Consolidated Plan on the City's website, and made the Consolidated Plan available at various locations within the City and held five public hearings/meeting before the City Council. For the 2019 program year Action Plan: City Staff met with the CDBG Ad Hoc Committee to make its funding recommendations. • Published a public notice (in English and Spanish) in the San Bernardino Sun, and El Chicano announcing the public hearing meeting • Made available a copy of the Draft PY 2019-2020 Annual Action Plan at the Community Development public counter, the City website and Norman F. Feldheym Public Library for public review. • Republished a 30-day notice of availability of the Action Plan for review for the Draft FY 2019- 2020 Annual Action Plan for the period of June 27, through July 28, 2019. • Republished a 30-day notice of availability of the Substantial Amendment to the FY 2019-2020 Annual Action Plan for public comment and public hearing period of July 4, 2019 through August 3, 2019 • Held a public hearing to approve and submit the Substantial Draft PY 2019-2020 Annual Action Plan to HUD on August 7, 2019 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. A public review period for the Draft PY 2019-2020 Annual Action Plan was held from June 27, through July 28, 2019. The City of San Bernardino did not receive comments from the public. A public comment period and notice of public hearing for the Substantial Amendment for the Draft PY 2019-2020 Annual Action Plan was held from July 4, 2019 through August 3, 2019. The City of San Bernardino did not receive comments from the public. The Substantial Amendment to the Draft PY 2019-2020 Annual Action Plan was made available at the Community Development Department public counter, the City website and Norman F. Feldheym Public Library for public review and comment. 6. Summary of comments or views not accepted and the reasons for not accepting them 7.b Packet Pg. 494 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 6 OMB Control No: 2506-0117 (exp. 06/30/2018) There were no comments received by the City of San Bernardino. 7. Summary The City has undertaken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) 7.b Packet Pg. 495 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 7 OMB Control No: 2506-0117 (exp. 06/30/2018) PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SAN BERNARDINO CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The Community and Economic Development Department (formerly known as the Economic & Housing Development Department) plans, administers, implements and monitors projects funded through the City’s formula entitlement funds from HUD. As a recipient of these funds, the City’s Community and Economic Development Department is tasked with the responsibility of developing and carrying out the goals and objectives noted in the Consolidated Plan. The City uses these and other funds to provide decent housing, create a suitable living environment, and expand economic opportunities throughout the City. The Community and Economic Development Department works closely with other City departments, the City Manager's Office, the City Council, and City commissions in establishing and carrying out goals that will preserve the quality of life in San Bernardino. Consolidated Plan Public Contact Information 7.b Packet Pg. 496 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 8 OMB Control No: 2506-0117 (exp. 06/30/2018) For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Community and Economic Development Department, 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-7270. 7.b Packet Pg. 497 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 9 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan as an opportunity to engage the community in the CDBG, ESG, and HOME investment process. It urges citizens to voice their concerns and share their ideas concerning community development, affordable housing, and homelessness. It encourages all residents, especially those living in low- and moderate-income neighborhoods, to participate in the planning process. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) • The City has been working in a partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project. • The City is also working in a partnership with National CORE, an Inland Empire CHDO in the redevelopment of Waterman Gardens. • The City provides funding for, and coordinates with, two non-profit housing providers (NPHS and NHSIE) for the provision of homeowner housing assistance, through single family rehabilitation. • Housing Partners I and NPHS are also provided new infill ownership housing, with funds provided by the City, to increase homeownership among households at and below 80% of Area Median Income and to utilize vacant lots throughout the city. • Through the Quality of Life Committee, the City coordinates with the County Department of Behavioral Health in and ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. • The City also coordinates a senior nutrition program and various senior outreach services with the County Office of Aging and Adult Services. • The City has also been working on investment strategies for housing and health with Dignity Health. • The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead based paint hazards as it relates to rehabilitation of owner occupied single family homes. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. As homelessness has no boundaries, the most efficient way to address the needs of the homeless (especially chronically homeless populations), is regionally. There are three entities that work 7.b Packet Pg. 498 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 10 OMB Control No: 2506-0117 (exp. 06/30/2018) collaboratively to address homelessness throughout San Bernardino County. They are: 1) the Interagency Council on Homelessness, a policy making body; 2) Homeless Provider Network, an advisory group made up of local public, private, faith-based, non-profit and housing organizations who work to improve service delivery to the homeless; 3) the San Bernardino County Behavioral Health Administration, Office of Homeless Services, the administrative arm of the CoC. The strategy that guides the actions of the above-mentioned groups is the “10-Year Strategy to End Homelessness in San Bernardino County”. This document serves as the blueprint for ending homelessness in San Bernardino County. The City of San Bernardino is an active participant of the Continuum of Care (CoC) and fully supports the goals and objectives of the 10-Year Strategy to End Homelessness in San Bernardino County. City of San Bernardino City Councilmember, Fred Shorett, represents the City of San Bernardino on the board of the Interagency Council on Homelessness, the City’s Police Department supports and participates in the Point-in-Time Homeless Count, and the Community and Economic Development staff requires its ESG Subrecipients to participate in the CoC’s Homeless Management Information System (HMIS), a software application designed to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness. Through its ESG program the City funds five organizations that provide homeless prevention services, street outreach, rapid rehousing and permanent supportive housing. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City works closely with the CoC and attends its regular scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regards to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative – the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year the HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 7.b Packet Pg. 499 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 11 OMB Control No: 2506-0117 (exp. 06/30/2018) 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities 7.b Packet Pg. 500 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 12 OMB Control No: 2506-0117 (exp. 06/30/2018) Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Kaiser Permanente Agency/Group/Organization Type Health Agency Foundation Private Sector Banking / Financing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health to elicit commitment for affordable housing investment and related services. 2 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type PHA Other government - Federal Private Sector Banking / Financing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health to elicit commitment for affordable housing investment and related services. 3 Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 7.b Packet Pg. 501 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 13 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. 4 Agency/Group/Organization COMMUNITY INVESTMENT CORPORATION Agency/Group/Organization Type Housing Community Development Financial Institution What section of the Plan was addressed by Consultation? Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community 5 Agency/Group/Organization California Endowment Agency/Group/Organization Type Services - Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-homeless Services-Education What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Anti-poverty Strategy 7.b Packet Pg. 502 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 14 OMB Control No: 2506-0117 (exp. 06/30/2018) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community 6 Agency/Group/Organization Enterprise Community Partners, Inc. Agency/Group/Organization Type Housing Community Development Financial Institution What section of the Plan was addressed by Consultation? Economic Development Anti-poverty Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community 7 Agency/Group/Organization Local Initiatives Support Corporation (LA LISC) Agency/Group/Organization Type Housing Community Development Financial Institution What section of the Plan was addressed by Consultation? Housing Need Assessment Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community 8 Agency/Group/Organization Wells Fargo Agency/Group/Organization Type Business Leaders Private Sector Banking / Financing 7.b Packet Pg. 503 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 15 OMB Control No: 2506-0117 (exp. 06/30/2018) What section of the Plan was addressed by Consultation? Housing Need Assessment Market Analysis Economic Development Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was consulted in a workshop setting hosted by the City of San Bernardino and Dignity Health. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community 9 Agency/Group/Organization Inland Regional Center Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Anti-poverty Strategy Lead-based Paint Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The IRC was consulted in the process of outreach to community organizations that serve children and families with special needs. Identify any Agency Types not consulted and provide rationale for not consulting Two hundred and fifty-eight agencies were contacted as part of the outreach process. However the City ran out of time and did not include corrections programs and institutions. In the future the City will make a special effort to include corrections programs and institutions. 7.b Packet Pg. 504 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 16 OMB Control No: 2506-0117 (exp. 06/30/2018) Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013-2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs will complement the 2013-2021 Housing Element. Housing Authority County of San Bernardino (HACSB) Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) 7.b Packet Pg. 505 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 17 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published a public hearing notice (Appendix A) in the San Bernardino Sun, and El Chicano newspapers in accordance with its citizen participation plan for its May 15, 2019 Public Hearing. It also posted the notice and the Draft PY 2019-2020 Action Plan on the City website. The Draft PY 2019-2020 Action Plan was available at the Community Development Department public counter, and the Norman F. Feldheym Public Library. 7.b Packet Pg. 506 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 18 OMB Control No: 2506-0117 (exp. 06/30/2018) Citizen Participation Outreach Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Residents of Public and Assisted Housing Low Income persons No responses were received. No comments were received. Because comments were not received there is no summary of comments not accepted. http:iecn.com/newpapers/el-chicano/ 7.b Packet Pg. 507 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 19 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 2 Internet Outreach Non- targeted/broa d community No responses were received No comments were received Because comments were not received there is no summary of comments not accepted. www.sbcity.org/housing 7.b Packet Pg. 508 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 20 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 3 Public Meeting Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broa d community Residents of Public and Assisted Housing Low Income persons No responses were received No comments were received Because comments were not received there is no summary of comments not accepted. http://sanbernardinocityca.iqm2.com/citize ns/calendar.aspx 7.b Packet Pg. 509 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 21 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Or der Mode of Out reach Target of Out reach Summary of response/atten dance Summary of comments rec eived Summary of com ments not accepted and reasons URL (If applicable) 4 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broa d community Residents of Public and Assisted Housing No responses were received No comments were received Because comments were not received there is no summary of comments not accepted. http://sanbernardinocityca.iqm2.com/citize ns/calendar.aspx Table 4 – Citizen Participation Outreach 7.b Packet Pg. 510 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 22 OMB Control No: 2506-0117 (exp. 06/30/2018) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,366,410 50,000 496,198 3,912,608 0 Funding for program year 2018 includes the City's reduced HUD allocation, estimated program income and prior year resources. 7.b Packet Pg. 511 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 23 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,279,762 0 830,000 2,109,762 0 The City plans to invest its HOME dollars in the affordable housing. ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 286,534 0 0 286,534 0 Assist ESG sub recipients with funding to assist the Homeless population with Emergency Shelter, Motel Vouchers, Rapid Re-Housing, Rental Assistance, Homelessness Prevention and Financial Assistance Table 5 - Expected Resources – Priority Table 7.b Packet Pg. 512 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 24 OMB Control No: 2506-0117 (exp. 06/30/2018) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City leverages its resources with public and private capital in order to develop quality affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Federal Resources • Supportive Housing for the Elderly (Section 202) • Supportive Housing for Persons with Disabilities (Section 811) • Housing Opportunities for Persons with AIDS (HOPWA) • Youthbuild • Federal Low-Income Tax Credit Program State Resources • State Low-Income Tax Credit Program • Affordable Housing and Sustainable Communities • No Place Like Home • Veteran Housing and Homeless Prevention Program Local Resources • San Bernardino County Continuum of Care • Housing Authority of San Bernardino County (HACSB) 7.b Packet Pg. 513 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 25 OMB Control No: 2506-0117 (exp. 06/30/2018) Private Resources • Dignity Health • San Manuel Band of Mission Indians • San Bernardino Unified School District • City of San Bernardino Successor Housing Agency HUD requires ESG recipients to match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions and funds from other local, state and federal programs. HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2019-2020 match reductions are not available as of date. However, in FY 2018-2019, the City recieved a 100 percent reduction of match due to severe fiscal distress. Nonetheless, the City of San Bernardino will continue to leverage its HOME funds with other housing resources. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. 7.b Packet Pg. 514 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 26 OMB Control No: 2506-0117 (exp. 06/30/2018) If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan As part of the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Housing Agency’s HAT listed a total of 141 parcels of land. Some of these parcels are to be sold and others will be retained for business and or affordable housing development. It is the intent of the City to select properties to be used in the City’s Infill Housing Program, a program that will develop single family homes on vacant and or blighted sites and sell them to income qualified buyers. Discussion No discussion is provided for this section. 7.b Packet Pg. 515 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 27 OMB Control No: 2506-0117 (exp. 06/30/2018) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Preserve and Rehabilitate Housing 2015 2019 Affordable Housing Preserve and Rehabilitate Housing CDBG: $0 HOME: $450,000 ESG: $0 Homeowner Housing Rehabilitated: 10 Household Housing Unit 2 Improve Neighborhood Conditions 2015 2019 Affordable Housing Improve Neighborhood Conditions CDBG: $0 HOME: $0 ESG: $0 Housing Code Enforcement/Foreclosed Property Care: 0 Household Housing Unit 3 Promote Economic Development 2015 2019 Non-Housing Community Development Promote Economic Development CDBG: $774,949 Jobs created/retained: 465 Jobs Businesses assisted: 10 Businesses Assisted 4 Improve Facilities and Infrastructure 2015 2019 Non-Housing Community Development Improve Facilities and Infrastructure CDBG: $2,218,377 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 30000 Persons Assisted 5 New Affordable Housing Construction 2015 2019 Affordable Housing New Affordable Housing Construction CDBG: $180,000 HOME: $830,000 Rental units constructed: 147 Household Housing Unit 7.b Packet Pg. 516 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 28 OMB Control No: 2506-0117 (exp. 06/30/2018) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Fair Housing 2015 2019 Affordable Housing Fair Housing CDBG: $66,000 Public service activities for Low/Moderate Income Housing Benefit: 3000 Households Assisted 7 Planning and Administration 2015 2019 Administration Planning and Administration CDBG: $673,282 HOME: $127,976 ESG: $21,490 Other: 1 Other 8 Provide Assistance to Renter Households 2015 2019 Affordable Housing Provide Assistance to Renter Households CDBG: $0 Tenant-based rental assistance / Rapid Rehousing: 0 Households Assisted 9 Expand Home Ownership Opportunities 2015 2019 Affordable Housing Expand Home Ownership Opportunities HOME: $701,786 Homeowner Housing Added: 10 Household Housing Unit 10 Provide Supportive Services 2015 2019 Homeless Non-Homeless Special Needs Provide Supportive Services ESG: $265,044 Tenant-based rental assistance / Rapid Rehousing: 20 Households Assisted Homeless Person Overnight Shelter: 50 Persons Assisted Overnight/Emergency Shelter/Transitional Housing Beds added: 220 Beds Homelessness Prevention: 60 Persons Assisted Table 6 – Goals Summary 7.b Packet Pg. 517 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 29 OMB Control No: 2506-0117 (exp. 06/30/2018) Goal Descriptions 1 Goal Name Preserve and Rehabilitate Housing Goal Description Funding for Single Family Owner-Occupied Rehabilitation loan program in the amount of $450,000. 2 Goal Name Improve Neighborhood Conditions Goal Description The funding for this activity was reprogrammed to make up the gap created by the $524,034 reduction in the City's 2018 CDBG allocation. This program has been unable to spend down its CDBG budget during the last two consecutive years. 3 Goal Name Promote Economic Development Goal Description Promote economic development and employment opportunities for low and moderate income persons - Micro-Enterprise ($23,755) will create 10 businesses and Section 108 Repayment Program ($751,194) Debt payment on Section 108, which will create 465 jobs, in order to pursue physical and economic revitalization that will provide jobs. 4 Goal Name Improve Facilities and Infrastructure Goal Description Five park facilities will be improved and renovated with new playground equipment; one being a swim center will be improved; concrete and ADA Project to be done to replace sidewalks and ADA accessibility. Funds for Lytle Creek Community Center will be used for a roof replacment. 5 Goal Name New Affordable Housing Construction Goal Description Rental units constructed: 147 6 Goal Name Fair Housing Goal Description Eliminate identified impediments to fair housing through education, enforcement and testing. 7.b Packet Pg. 518 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 30 OMB Control No: 2506-0117 (exp. 06/30/2018) 7 Goal Name Planning and Administration Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. CDBG Administration: $673,282 HOME Administration: $127,976 ESG Administration: $21,490 8 Goal Name Provide Assistance to Renter Households Goal Description Assistance to renter households is accomplished by assisting housing developments that will restrict units to low-income households. 9 Goal Name Expand Home Ownership Opportunities Goal Description Expand homeownership opportunities and assist homebuyers with the purchase of two (2) affordable housing. CHDO Set-Aside funds will assist two new construction homes at $191,964. HOME funds will assist eight (8) construction homes at $509,822 10 Goal Name Provide Supportive Services Goal Description Assist homeless and special needs populations with supportive services. 7.b Packet Pg. 519 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 31 OMB Control No: 2506-0117 (exp. 06/30/2018) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund eligible projects in the following categories: preserve and rehabilitate housing; improve neighborhood conditions; expand home ownership opportunities; provide assistance to renter households; provide supportive services; promote economic development; improve facilities and infrastructure; fair housing, and program planning and administration. The second and third phases of construction on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove) will result in a total of 184 mixed-income family apartments and complete the HUD required one-for-one replacement of the original 252 public housing units. The new construction will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. Through previous construction phases, 136 new affordable housing units have already been built. CDBG funding in the amount of $180,000 will assist with a portion of this project. Projects # Project Name 1 Fair Housing 2 CDBG - Planning and Administration 3 Promote Economic Development 4 Micro-Enterprise Program 5 Expand Homeownership Opportunities 6 Preserve and Rehabilitate Housing 7 Improve Public Facilities and Infrastructure 8 Citywide-ESG Activities/ESG Administration 9 HOME - Planning and Administration 10 Expand Affordable Housing - Arrowhead Grove Phase 2 11 First Time Homeownership - CHDO 15% Set-Aside Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs The allocation priorites are a result of input received from the community and based on the identified needs such as the state of the City's infrastructre, housing stock and poverty. The primary obstacle to 7.b Packet Pg. 520 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 32 OMB Control No: 2506-0117 (exp. 06/30/2018) addressing underserved needs is insufficient funds to meet the ongoing needs of persons, especially those with special needs such as the homeless. 7.b Packet Pg. 521 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 33 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-38 Project Summary Project Summary Information 7.b Packet Pg. 522 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Annual Action Plan 2019 34 OMB Control No: 2506-0117 (exp. 06/30/2018) 1 Project Name Fair Housing Target Area Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $66,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 3300 Low/Moderate Income Households/Tenants. Location Description Citywide Planned Activities IFHMB will provide investigation, education, conciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. 2 Project Name CDBG - Planning and Administration Target Area Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG: $673,282 Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. Target Date 6/30/2020 7.b Packet Pg. 523 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 35 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities N/A Location Description 201 North E Street, San Bernardino, CA 92401 Planned Activities Grant and Project Management 3 Project Name Promote Economic Development Target Area Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $751,194 Description Debt payment on Section 108 in order to pursue physical and economic revitalization that will provide jobs. Target Date Estimate the number and type of families that will benefit from the proposed activities 465 jobs Location Description Arden & Guthrie at Highland: 17 acre site Southwest of East Highland Avenue and Arden Avenue. Planned Activities Section 108 debt Repayment 4 Project Name Micro-Enterprise Program Target Area Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $23,755 Description Provide small business development training and support to income qualified clients who are wish to start their own small business. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities 100 participants who either own their business or are potential business owners. 7.b Packet Pg. 524 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 36 OMB Control No: 2506-0117 (exp. 06/30/2018) Location Description Citywide - Available to all existing or potential business owners. Workshops are held at City Hall located at 201 North E Street, San Bernardino, CA and at the Mexican Consulate located at 293 North D Street, San Bernardino, CA. Planned Activities The program will partner with the Small Business Administration to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. 5 Project Name Expand Homeownership Opportunities Target Area Goals Supported Expand Home Ownership Opportunities Needs Addressed Expand Home Ownership Opportunities Funding HOME: $509,822 Description Fund construction of six (6) for-sale new single family homes for first time homebuyers, on infill lots and/or provide down-payment assistance. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Eight (8) for-sale new single family for households whose incomes will range from 50% to 80% of AMI. Location Description Citywide Planned Activities Construction of new single family homes and/or downpayment for acquisition of existing homes throughout the City. 6 Project Name Preserve and Rehabilitate Housing Target Area Goals Supported Preserve and Rehabilitate Housing Needs Addressed Preserve and Rehabilitate Housing Funding HOME: $450,000 Description Loans for rehabilitation of ten (10) single family homes. Applicant incomes are to be at or below 80% of Area Median Income. Target Date 6/30/2020 7.b Packet Pg. 525 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 37 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities Ten (10) families whose income qualifies at or below 80% of Area Median Income will benefit of this loan program. Location Description Citywide Planned Activities Construction management, lead and asbestos inspection and abatement housing rehabilitation services. 7 Project Name Improve Public Facilities and Infrastructure Target Area Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $2,218,377 Description Five (5) parks will be funded for replacement of playground equipment in addition to rehabilitation of a swim center. A concrete/ADA project will also be funded to replace sidewalks and ADA accessibility. Lytle Creek Community Center will be funded for a roof replacement. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities An estimate number of 45,000 persons with an income level of 30% to 50% of AMI will benefit of the improvements made to these parks and facility. Location Description The City has proposed to fund the following five (5) parks for replacement of playground equipment and one (1) park for a roof replacement: 1. Meadowbrook Fields Park - 179 E Rialto Ave., San Bernardino, CA 2. Lytle Creek Park - 380 S K Street, San Bernardino, CA 92410 3. Wildwood Park - 536 E 40th Street, San Bernardino, CA 4. Harrison Canyon Park - 4100 Harrison Canyon Rd., San Bernardino, CA 92404 5. Speicher Park - 1535 N Arden Ave., San Bernardino, CA 92404 6. Lytle Creek Park Community Center (Roof Replacement) - 380 S K Street, San Bernardino, CA 92410 7.b Packet Pg. 526 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 38 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Replacement of playground equipment to provide safety for the community in addition to a roof replacement at one of the City's community centers. 8 Project Name Citywide-ESG Activities/ESG Administration Target Area Goals Supported Provide Supportive Services Needs Addressed Provide Supportive Services Funding ESG: $286,534 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Approximately 350 persons at very low income to zero income will benefit from the proposed activities. Location Description 1. Community Action Partnership - 696 S. Tippecanoe Avenue, San Bernardino,CA 92408 2. Family Service Association of Redlands - 612 Lawton St, Redlands, CA 92374 3. Lutheran Social Services - 813 N D St, San Bernardino, CA 92401 4. Step Up on Second - 201 North E Street, San Bernardino, CA 92401 5. The Salvation Army - 2626 Pacific Street, Bernardino, CA 92401 7.b Packet Pg. 527 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 39 OMB Control No: 2506-0117 (exp. 06/30/2018) Planned Activities Planning and Administration of the ESG Program: Grant and Project Management was funded $21,490 1. Community Action Partnership (CAPS) - will provide homeless persons and those at risk of homelessness with temporary rental assistance, financial literacy education and linkages to other support services. The City has awarded CAPS $52,877 for FY 2019-2020 2. Family Service Association of Redlands (FSA) - will provide Emergency Shelter (motel vouchers), wraparound services and case management to prevent homelessness. The City has awarded FSA $49,500 for FY 2019-2020 3. Lutheran Social Services (LSSSC) - will provide Emergency Shelter as a "bridge" to permanent housing, wraparound services to help homeless men 18 years and older to achieve self-sufficiency. The City has awarded LSSSC $45,366 for FY 2019-2020 4. Step Up on Second - will provide supportive services which begin with engagement and street outreach activities. The City has awarded Step Up on Second $83,000 for FY 2019-2020 5. The Salvation Army - will provide Emergency Shelter for families and single females, provides meals for those experiencing homelessness to shelter and permanent housing services. The City has awarded the Salvation Army $34,301 for FY 2019-2020 Street Outreach Total: $83,000.00 Step Up on Second - $83,000.00 Emergency Shelter Total: $76,026.00 Salvation Army - $30,660.00 LSS - $45,366.00 Rapid Re-Housing Total: $43,752.00 CAPS - $32,877.00 FSA - $10,875.00 Homeless Prevention Total: $58,625.00 CAPS - $20,000.00 FSA - $38,625.00 HMIS Total: $3,641.00 Salvation Army: $3,641.00 7.b Packet Pg. 528 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 40 OMB Control No: 2506-0117 (exp. 06/30/2018) 9 Project Name HOME - Planning and Administration Target Area Goals Supported Expand Home Ownership Opportunities Planning and Administration Needs Addressed Expand Home Ownership Opportunities Planning and Administration Funding HOME: $127,976 Description Administration of the HOME program. City staff and consultants will manage various HOME funded programs; prepare financial documents, contracts and HUD reports. Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities N/A Location Description 201 North E Street, San Bernardino, CA 92401 Planned Activities Grant and project management 10 Project Name Expand Affordable Housing - Arrowhead Grove Phase 2 Target Area Goals Supported Improve Neighborhood Conditions Needs Addressed Improve Neighborhood Conditions Funding CDBG: $180,000 Description This two year project is in its second phase of construction, which is taking place on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove) will result in a total of 184 mixed-income family apartments and complete the HUD required one- for-one replacement of the original 252 public housing units. The new construction will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. Target Date 6/30/2021 7.b Packet Pg. 529 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 41 OMB Control No: 2506-0117 (exp. 06/30/2018) Estimate the number and type of families that will benefit from the proposed activities Approximately 4,600 persons will benefit from the 147 affordable one- to four-bedroom family units that will range from 30%, 50% and 60% Area Median Income. Location Description located along Olive Street, 9th Street, and Valencia Avenue San Bernardino, CA Planned Activities The complete construction of this project will result in a total 184 mixed- income family apartments in the City. Funds to be used are: $180,000 (CDBG) and $830,000 (HOME) 11 Project Name First Time Homeownership - CHDO 15% Set-Aside Target Area Goals Supported Expand Home Ownership Opportunities Needs Addressed Expand Home Ownership Opportunities Funding HOME: $191,964 Description New construction of two first-time homeowner units. Income will range 50% to 80% of Area Median Income (AMI). Target Date 6/30/2020 Estimate the number and type of families that will benefit from the proposed activities Two first-time homeowner units. Income will range 50% to 80% of Area Median Income (AMI). Location Description Citywide Planned Activities New construction of two first-time homeowner units. Income will range 50% to 80% of Area Median Income (AMI). 12 Project Name Arrowhead Grove - Phase 2 Target Area Goals Supported New Affordable Housing Construction Needs Addressed New Affordable Housing Construction Funding HOME: $830,000 7.b Packet Pg. 530 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 42 OMB Control No: 2506-0117 (exp. 06/30/2018) Description This project is in its second phase of construction, which is taking place on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove) will result in a total of 184 mixed-income family apartments and complete the HUD required one-for-one replacement of the original 252 public housing units. The new construction will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspered across the site and two units for property managers. Target Date 6/30/2021 Estimate the number and type of families that will benefit from the proposed activities Approximately 4,600 persons will benefit from the 147 affordable one-to four-bedroom family units that will range from 30%, 50% and 60% AMI. Location Description Located along Olive Street, 9th Street, and Valencia Avenue, San Bernardino, CA Planned Activities The complete construction of this project will result in a total 184 mixed- income family apartments. 7.b Packet Pg. 531 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 43 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for PY 2019-2020 to finance a variety of housing, community development, economic development, and capital improvement projects. The majority of the funding will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The 2010 U.S. Census identified approximately 68.9 percent of the City consisted of households with low or moderate incomes. A map of the Low / Moderate Income Target Areas is attached to this document. (Appendix B) The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. (Appendix C) Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2010 Census, approximately 60 percent of the population is of Hispanic Origin, 19 percent is Non-Hispanic, White, 14.2 percent is Black, 3.8 percent is Asian and 2.9 percent is comprised of some “Other” race or ethnicity. See attached maps in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2015-2019 CONSOLIDATED PLAN may be used to meet a variety of community development and housing needs. As part of the development of the 2015-2019 CONSOLIDATED PLAN, the City established priority needs based on an in depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low income neighborhoods where residents have the greatest need for housing/services. The City will focus on low to moderate income neighborhoods where there is a greatest need in the parks, such as having the playground equipment 7.b Packet Pg. 532 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 44 OMB Control No: 2506-0117 (exp. 06/30/2018) replaced, because those are the areas of greatest need. Discussion The City of San Bernardino has not designated any Neighborhood Revitalization Strategy Areas (NRSA) within in the City. 7.b Packet Pg. 533 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 45 OMB Control No: 2506-0117 (exp. 06/30/2018) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction In accordance with the Housing Needs Assessment of the Consolidate Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue two affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities and 3) Provide Assistance to Renter Households. Preserve and Rehabilitate Housing Approximately 67 percent of San Bernardino’s housing stock is over 30 years old and potentially in need of rehabilitation. Many low- and moderate-income households, particular seniors and disabled, are unable to fund the necessary repairs to their homes. Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. According to the City’s Consolidated Plan, 54 percent of all renter-households and 43 percent of all owner-households experience at least one housing problem. The most prevalent housing problems within the City is cost burden and overcrowded conditions. Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase. According to the City’s 2013-2021 Housing Element, approximately 51% of all San Bernardino households overpaid for housing. Ten percent of the ownership households and 21 percent of renter households lived in overcrowded conditions. Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low income households. Among these, 15 projects have subsidy contracts that are expiring during the next 10 years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior 7.b Packet Pg. 534 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 46 OMB Control No: 2506-0117 (exp. 06/30/2018) housing which will receive priority for rental of subsidy contracts with HUD. Therefore it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in order to extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower-income households. One Year Goals for the Number of Households to be Supported Homeless 38 Non-Homeless 165 Special-Needs 0 Total 203 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 155 Rehab of Existing Units 48 Acquisition of Existing Units 0 Total 203 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion The table "One Year Goals for the Number of Households to be Supported" consists of 38 homeless persons assisted (at the Golden Apartments which will come online by August 2019), 8 new homeowners, (two CHDO first-time homebuyer, six new costruction and/or downpayment First Time Homebuyer) 10 owner rehabilitations; and 147 new rental units at 30%, 50% and 60% of AMI at Arrowhead Grove for a total of 165 non-homeless households supported and a one-year goal total of 203. 7.b Packet Pg. 535 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 47 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord, but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2018, the latest year for which data is available, HACSB provided 10,120 housing choice vouchers throughout San Bernardino County, assisting 23,472 individuals. Of those 10,120 housing choice vouchers, 2,669 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership The City does not own any public housing units, therefore has not undertaken efforts to encourage public housing residents to become more involved in the management of public housing units. However, the Housing Authority of the County of San Bernardino (HACSB) does undertake actions to encourage public housing residents to contribute and paritcipate in the management and HACSB has a homeownership program for residents of public housing. 7.b Packet Pg. 536 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 48 OMB Control No: 2506-0117 (exp. 06/30/2018) As for homeownership opportunities, the City has initiated an Infill Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion There is no discussion relative to the designation of the county PHA. 7.b Packet Pg. 537 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 49 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2019 Homeless Count and Subpopulation Survey, 2,607 persons in the City of San Bernardino were homeless during the point-in-time (P-I-T) count conducted in January 24, 2019. A total of 123 individuals were sheltered, 128 were sheltered in transitional housing and 639 were unsheltered. To address this issue, the City will allocate approximately $286,534 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City will continue to use General Funds to support its Quality of Life Team, a public and private sector partnership tasked with addressing potential public health hazards within the community, including connecting homeless individuals who live in encampments with necessary support services. Additionally, through its ESG funds, the City is continuing its contract in FY 2019-2020 with Step Up On Second, with the goal of reaching 72 homeless persons through street outreach, providing social service referrals to 36 of those 72 persons and facilitating the placement of 10 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSSC) to provide an emergency men’s shelter. LSSSC is expanding their men’s shelter into a new 3,000 square feet dormitory which will have bunk beds and showers, sinks, laundry facilities and storage. The shelter will have a capacity of 75 beds. The Salvation Army Hospitality House will provide emergency shelter for families and single females, 7.b Packet Pg. 538 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 50 OMB Control No: 2506-0117 (exp. 06/30/2018) provides for those experiencing homelessness to shelter and permanent housing services. The funding will provide 12 units/rooms for emergency shelter for families experiencing homelessness and 10 beds/2 rooms of emergency shelter for single women experiencing homelessness. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of this network of agencies in ending homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City seeks to prevent homelessness by funding emergency assistance for families and households at-risk of being homeless. Educating residents about available services is a key component in reducing homelessness. Utilizing its HOME dollars, in FY 2017-18 the City funded the acquisition of the Golden Apartments, a 21- unit apartment complex that will be rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. The units are slated for completion and occupancy by August 2019. The rehabilitation has proven to require more work than initially anticipated. Aside from the construction, the City has helped homeless individuals by obtaining their vital documents and rental applications for their units. Thus far, Step Up On Second has housed 20 individuals in FY 2018-19. As previously noted, many of the transitional housing programs assisted by the City include assistance with finding permanent housing. In addition, the County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, 7.b Packet Pg. 539 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 51 OMB Control No: 2506-0117 (exp. 06/30/2018) employment, education, or youth needs. The City assists non-profit agencies that assist homeless individuals to not loose their units. Currently, the City is working with St. Bernadine Hospital to transition homeless individuals who are being discharged from the hospital into bridge housing and ultimately transition into permanent housing. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly-funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Discussion The City declared a shelter crisis and allowed agencies to apply for the Homeless Emergency Aid Program (HEAP) funding. A total of 22 agencies throughout the County of San Bernardino recieved HEAP funding. In FY 2019-2020 the City will be applyng for the State's Permanent Local Housing Allocation. The CoC’s coordinated entry system provides a single point of entry for people who are homeless to be screened and assessed for a range of CoC and City funded homeless programs, including emergency shelters, transitional housing, permanent supportive housing, and rapid rehousing services. All contracted service providers report outcomes based on the countywide outcome standards developed by the Behavioral Health Administration-Office of Homeless Services, in order to inform future adjustments to the service system. In FY 18-19, the City facilitated the purchase of two (2) multi-family properties by Foothill Aides Project. In FY 19-20 those properties will be rehailitated and leased to low-income persons with HIV/Aids. 7.b Packet Pg. 540 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 52 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. These added costs of housing can be contributed to: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding was the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development, but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development 7.b Packet Pg. 541 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 53 OMB Control No: 2506-0117 (exp. 06/30/2018) costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. Moreover, the City is in the process of making the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. Corridor Improvement Program - The four Corridor Strategic Areas (Mount Vernon, E Street, Baseline, and Highland) are generally characterized by underperforming strip commercial, vacant or underutilized parcels, deteriorating structures, and inconsistent façades and signage. The Corridor Improvement Program is an optional package of policy, regulatory, and incentives intended to stimulate investment and development in the Corridor Strategic Areas. While the underlying land use designations and zones still apply, the property owner may request, and the City may choose to apply, aspects of the Corridor Improvement Program necessary to achieve the desired results. 2. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on-site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. Approval is anticipated in fiscal year 2018-19.. 3. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower and moderate income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 4. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 5. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental 7.b Packet Pg. 542 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 54 OMB Control No: 2506-0117 (exp. 06/30/2018) Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For PY 2019-2020, the City will continue to fund its Infill Housing Program and Owner Occupied Residential Rehabilitation Program. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single family units owned by low and moderate income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. 7.b Packet Pg. 543 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 55 OMB Control No: 2506-0117 (exp. 06/30/2018) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2015 - 2019 Five-Year Consolidated Plan, which form the basis for establishing objectives and outcomes in the FY 2018-2019 One-Year Action Plan, are as follows: High Priority • Preserve and rehabilitate existing single-family dwellings. • Improve neighborhood conditions through code enforcement and neighborhood revitalization. • Expand homeownership opportunities and assist homebuyers with the purchase of affordable housing. • Assist homeless and special needs populations with supportive services. • Promote economic development and employment opportunities for low and moderate income persons. • Improve and expand existing community facilities and infrastructure to meet current and future needs. • Eliminate identified impediments to fair housing through education, enforcement, and testing. • Planning and administration Low Priority • Provide rental assistance and preserve existing affordable rental housing. The City does not have a rental assistance program. However, through monitoring the City's affordable housing units preserves existing affordable renta housing. • Expand the affordable housing inventory through new construction. Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. The obstacles to meeting underserved needs is lack of resources. The City will apply for permanent local housing allocation funds from the State Department of Housing (HCD) to leverage funds for homeless sources and affordable permanent housing. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing 7.b Packet Pg. 544 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 56 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner-Occupied Rehabilitation Loan Program. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards and in accordance, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner Occupied Residential Rehabilitation Program will be tested for lead based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For PY 2019-2020, the City will support: • An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate income households • An Owner Occupied Residential Rehabilitation Program that will provide financial assistance to San Bernardino homeowners whose homes are in need of repair. • Micro Enterprise Program that will provide small business development training and support to income qualified clients who are wish to start their own small business. • Non-profit homeless service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near- homeless persons and families. • The improvement of various park facilities within income-eligible areas of the City that provide recreational and support services to low- and moderate-income residents of the City. • The efforts of HACSB, who provides rental assistance to low-income households. • The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. • The efforts of the City of San Bernardino Internship Program that provides eligible California State University - San Bernardino students the opportunity to work in various departments within the City organization. The program allows students to link theory with practice, and gain real world experience in the public sector. • The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. • The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides people who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. 7.b Packet Pg. 545 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 57 OMB Control No: 2506-0117 (exp. 06/30/2018) The City will also continue to use General Funds to support its Quality of Life Team, a public and private sector partnership tasked with addressing potential public health hazards within the community, including connecting homeless individuals who live in encampments with necessary support services. Actions planned to develop institutional structure During the next year, the San Bernardino Economic & Housing Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e. CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Economic & Housing Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services ( involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedores” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedores” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the PY 2019-2020 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. 7.b Packet Pg. 546 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 58 OMB Control No: 2506-0117 (exp. 06/30/2018) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2019-2020 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is 7.b Packet Pg. 547 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 59 OMB Control No: 2506-0117 (exp. 06/30/2018) as follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: (a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. (c) In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 7.b Packet Pg. 548 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 60 OMB Control No: 2506-0117 (exp. 06/30/2018) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/ubrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 92.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applicaitons for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. 7.b Packet Pg. 549 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 61 OMB Control No: 2506-0117 (exp. 06/30/2018) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1. Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin (AD-26). 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Economic & Housing Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. 7.b Packet Pg. 550 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 62 OMB Control No: 2506-0117 (exp. 06/30/2018) Based on this review, Economic & Housing Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2018- 2019 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC 7.b Packet Pg. 551 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action Annual Action Plan 2019 63 OMB Control No: 2506-0117 (exp. 06/30/2018) annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub- recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5. Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. 7.b Packet Pg. 552 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 1 (6228 : Substantial Amendment to FY 2019-2020 Action EXHIBIT B FISCAL YEAR 2910-2020 DRAFT ACTION PLALN SUBSTANTIAL AMENDMENT PLAN ACTIVITY RECOMMENDATIONS Activity CDBG Requested ESG HOME 2019 Grant Fund Allocation 3,366,410$ 286,534$ 1,279,762$ Program Income and Reprogrammed Funds1 546,198$ 830,000$ Available Funds 3,912,608$ 2,109,762$ Administration (maximum available)673,282$ 21,490$ 127,976$ Section 108 Repayment 751,194$ Micro-enterprise 23,755$ Fair Housing (IFHMB)1 66,000$ Arrowhead Grove – Phase 22 180,000$ Affordable Housing (First-time homebuyer newconsts and down payment)509,822$ SF Owner Occupied Rehabilitation 450,000$ Arrowhead Grove (Prior Year Resources)830,000$ First Time Homeownership - CHDO 15% Set-Aside4 191,964$ Public Facilities Projects Jerry Lewis Swim Center 443,377$ Meadowbrook Fields 182,000$ Lytle Creek Park 210,000$ Wildwood Park 215,000$ Harrison Canyon 210,000$ Speicher 183,000$ Lytle Creek Park Community Center - Roof replacement 275,000$ Concrete/ADA Project 500,000$ Public Facilities Projects Total 2,218,377$ -$ -$ Lutheran Social Services (LSS)45,366$ Community Action Partnership (CAPS)52,877$ -$ Time for Change Foundation -$ Family Services Association (FSA)49,500$ Step Up on Second 83,000$ The Salvation Army 34,301$ Total Requested 3,912,608$ 286,534$ 2,109,762$ 1HOME funds from 2014 and prior years recommended for Arrowhead Grove Phase 2. 2Required for all jurisdictions receiving CDBG funds. 3Under Resolution No. 2018-6, the City committed to pledge $179,723 of CDBG funds to this project. 4Community Housing Development Organization (CHDO) set-aside as required by HOME regulations. 7.c Packet Pg. 553 Attachment: CED.Substantial Amendment to FY 2019-2020 Action Plan.Attachment 2 (6228 : Substantial Consent Calendar City of San Bernardino Request for Council Action \ Date: August 7, 2019 To: Honorable Mayor and City Council Members From: Gigi Hanna, MMC, City Clerk Subject: Waive Full Reading of Resolutions and Ordinances Recommendation: Waive full reading of Resolutions and Ordinances on the agenda dated August 7, 2019. 8.a Packet Pg. 554 Attachment: Waive Reading.Report_August 7 (6229 : Waive Full Reading of Resolutions and Ordinances) 9.a Packet Pg. 555 Attachment: FN.Commercial Checks Payroll Report -July 12, 2019 (6230 : City Council Approval of Commercial and Payroll Checks) 2019-20 Goals and Objectives Approval of the noted check registers for commercial and payroll checks align with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The Mayor and City Council’s approval of the City’s weekly remittances to third parties promotes transparency of City business with the public. Fiscal Impact Amounts noted in the check registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll checks for July 2019. Attachments Attachment 1 Commercial checks for Register #1 Attachment 2 Commercial checks for Register #2 Attachment 3 Payroll checks for July 2019 Ward: Synopsis of Previous Council Actions: 9.a Packet Pg. 556 Attachment: FN.Commercial Checks Payroll Report -July 12, 2019 (6230 : City Council Approval of Commercial and Payroll Checks) 9.b Packet Pg. 557 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 558 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 559 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 560 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 561 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 562 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 563 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 564 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 565 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 566 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 567 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 568 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 569 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 570 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 571 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 572 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 573 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.b Packet Pg. 574 Attachment: FN.Commercial Checks & Payroll. Register #1 (6230 : City Council Approval of Commercial 9.c Packet Pg. 575 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 576 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 577 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 578 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 579 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 580 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 581 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 582 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 583 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 584 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 585 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 586 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 587 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 588 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 589 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.c Packet Pg. 590 Attachment: FN.Commercial Checks & Payroll. Register #2 (6230 : City Council Approval of Commercial 9.d Packet Pg. 591 Attachment: FN. Payroll Summary Report 7M (6230 : City Council Approval of Commercial and Payroll Checks) 9.e Packet Pg. 592 Attachment: FN. Payroll Summary Report BW-14 (6230 : City Council Approval of Commercial and Payroll Checks) 10.a Packet Pg. 593 Attachment: PR.Senior Nutrition Progam Grant Funding,REPORT (6231 : Senior Nutrition Program Grant Funding) 8/1/2019 3:00 PM The grant requires a match of 11.11%, (or a minimum of $36,385) from the Senior Nutrition – General Fund FY 2019/20 adopted budget. The FY 2019/20 adopted budget anticipated a County Senior Nutrition Grant award of $300,000. In June staff confirmed the actual grant amount to be $340,000. As the total Federal Grant budget for Senior Nutrition approved by the City Council amounted to $308,520, staff is seeking City Council authority to amend the FY 2019/20 adopted budget by increasing the County Senior Nutrition Grant award by $40,000 and increasing the Federal Senior Nutrition Grant program budget by an additional $31,480 to Raw Foods (Account No. 123-380- 0513-5114). Staff is also seeking City Council authority to transfer funds within the FY 2019/20 adopted budget in the amount of $19,139 from Account No. 123-380-0513- 5014 (Part-time Salaries) to Account No. 123-380-0513-5114 (Raw Foods); and an amount of $600 from Account No. 123-380-0513-5014 (Part-time Salaries) to Account No. 123-380-0513-5505 (Other Professional Services). The aforementioned transfers are necessary to align existing budgetary resources with anticipated raw food purchases. On April 24, 2019, the Purchasing Division of the Finance Department issued RFQ No: F-19-47 for Food Supplies and Consumable Products. On April 29, 2019, RFQ No.: F- 19-47 was advertised in the Sun Newspaper and Proposals were due on May 17, 2019 at 3:00 PM, PST. Of the bidders that responded, it was determined that Sysco Foods, American Meat Companies dba Merit Day, and Hollandia Dairy, Inc. were the lowest bidders. Staff is seeking City Council approval for the issuance of purchase orders as follows: Sysco Foods: $97,500 (Account No. 001-380-0513-5114; Account No. 123-380-0513-5114; Account No. 123-380-0513-5112) American Meats: $32,000 (Account No. 123-380-0513-5114) Hollandia Diary: $19,000 (Account No. 123-380-0513-5114) Consulting Health Nutrition Services: $14,425 (Account No. 123-380-0513-5505) In conformance with the provisions of the grant, the proposed action is to ratify the submittal of the grant application, accept the grant award, and to execute the three (3) year grant cycle of County Contract No. 19-372. Execute the three (3) year agreement and issue annual purchase orders for the food vendors with an option of two (2) additional one (1) year renewals; issuance of the annual purchase order for nutrition consulting services to allow the Senior Nutrition Program to continue to deliver nutritional services to the City’s senior population. 2018-19 Goals & Objectives This proposal aligns with Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City; Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner; and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. 10.a Packet Pg. 594 Attachment: PR.Senior Nutrition Progam Grant Funding,REPORT (6231 : Senior Nutrition Program Grant Funding) 8/1/2019 3:00 PM Fiscal Impact The amount of grant funding currently available to the City from the County for FY 2019/20 is $340,000. Acceptance of the grant would entail an amendment to the FY 2019/20 adopted budget by increasing the County Senior Nutrition grant revenue award by $40,000 and increasing the Federal senior Nutrition grant program budget by an additional $31,480 to Raw Foods (Account No. 123-380-0513-5114). Conclusion Adopt Resolution No. 2019-163 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submittal of the Grant Application, execution of San Bernardino County Contract No. 19-372 Department of Aging and Adult Services (DAAS); accepting the Three-Year grant in the amount of $1,020,000 for the term of July 1, 2019 through June 30, 2022, including accepting the First Year Grant award in the amount of up to $340,000; and amending the City of San Bernardino Adopted FY 2019/20 Budget for the Grant Award and the approval of certain purchase orders for the Senior Nutrition Program. Attachments Attachment 1 Resolution, Exhibit “A” – DAAS County Contract No. 19-372 Attachment 2 Grant Application Attachment 3 Food Vendor Bid Responses RFQ No. F-19-47 Ward: All Synopsis of Previous Council Actions: On August 1, 2019, the Mayor and City Council adopted Resolution No. 2018-220, approving Year Two of a Three-Year Grant Allocation with the County of San Bernardino Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program. On August 16, 2017, the Mayor and City Council adopted Resolution No. 2017-151, approving Year One of a Three-Year Grant Allocation with the County of San Bernardino Department of Aging and Adult Services (DAAS) for the Senior Nutrition Program. On July 21, 2016, the Mayor and City Council adopted Resolution No. 2016-154, approving the execution of County Contract No. 16-389 with the County of San Bernardino Department of Aging and Adult Services (DAAS) for the proposed grant award for the Senior Nutrition Program. 10.a Packet Pg. 595 Attachment: PR.Senior Nutrition Progam Grant Funding,REPORT (6231 : Senior Nutrition Program Grant Funding) Resolution No. 2019-265 RESOLUTION NO. 2019-265 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE SUBMITTAL OF THE GRANT APPLICATION, EXECUTION OF COUNTY CONTRACT NO. 19-372 WITH THE COUNTY OF SAN BERNARDINO DEPARTMENT OF AGING AND ADULT SERVICES (DAAS); ACCEPTING THE THREE YEAR GRANT CYCLE AMOUNT OF $1,020,000 FOR THE TERM OF JULY 1, 2019 THROUGH JUNE 30, 2022, INCLUDING ACCEPTING THE FIRST YEAR GRANT AWARD IN THE AMOUNT OF UP TO $340,000; AND AMENDING THE CITY OF SAN BERNARDINO ADOPTED FY 2019/20 BUDGET FOR THE GRANT AWARD AND THE APPROVAL OF CERTAIN PURCHASE ORDERS FOR THE SENIOR NUTRITION PROGRAM WHEREAS, the City of San Bernardino submitted a Grant Application to the County of San Bernardino Department of Aging and Adult Services (DAAS) for a three (3) year grant cycle to provide a Senior Nutrition Meal Program. WHEREAS, on June 11, 2019, the County Board of Supervisors approved the Grant Application on County Contract No. 19-372, for the three (3) year grant cycle in the amount of $1,020,000 for the contract term of July 1, 2019 through June 30, 2022. WHEREAS, on April 24, 2019, the Purchasing Division of the Finance Department issued RFQ No. F-19-47 for Food Supplies and Consumable Products. On April 29, 2019, RFQ No. F-19-47 was advertised in the Sun Newspaper and proposals were due on May 17, 2019 at 3:00 p.m., PST. Of the bidders that responded, it was determined that Sysco Foods, American Meat Companies dba Merit day, and Hollandia Dairy, Inc. were determined to be the lowest bidders. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor and City Council of the City of San Bernardino hereby ratify the submittal of the three (3) year Grant Application, accepting the Grant Award of $1,020,000 for the three (3) year grant term, the execution of County Contract No. 19-372 with the County of San Bernardino Department of Aging and Adult Services for a grant to operate the Senior Nutrition Program, and SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby accept the grant award of up to $340,000 for the first year contract term of July 1, 2019 through June 30, 2020, and authorize the Director of Finance, or designee, to appropriate that amount for the continued operation of the Senior Nutrition Program pursuant to the FY 2019/20 Program Budget Detail Sheet; to issue annual purchase orders to Sysco Foods, American Meat Companies 10.b Packet Pg. 596 Attachment: PR.Senior Nutrition Program Grant Funding.RESOLUTION_Corrected (6231 : Senior Nutrition Program Grant Funding) Resolution No. 2019-265 dba Merit Day, and Hollandia Diary, Inc. for food services and consumable supplies; and to issue an annual nutrition purchase order to Consulting Health and Nutrition Services for FY 2019/20 for the first (1st) year of a three (3) year Grant Allocation Agreement, and SECTION 3. That the appropriation of the grant award and matching funds, together totaling $514,494 and execution of the contract, are for the operation of the Senior Nutrition Program from July 1, 2019 through June 30, 2020. SECTION 4. That the Director of Finance, or designee, is directed to adjust the existing budget appropriations amongst the Parks and Recreation accounts to accurately reflect the grant match budget consistent with the adopted staff report. 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 __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 10.b Packet Pg. 597 Attachment: PR.Senior Nutrition Program Grant Funding.RESOLUTION_Corrected (6231 : Senior Nutrition Program Grant Funding) Resolution No. 2019-265 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 10.b Packet Pg. 598 Attachment: PR.Senior Nutrition Program Grant Funding.RESOLUTION_Corrected (6231 : Senior Nutrition Program Grant Funding) 10.c Packet Pg. 599 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. EXHIBIT A County Contract 19-312 (6231 : Senior Nutrition Program 10.c Packet Pg. 600 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. EXHIBIT A County Contract 19-312 (6231 : Senior Nutrition Program 10.c Packet Pg. 601 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. EXHIBIT A County Contract 19-312 (6231 : Senior Nutrition Program 10.c Packet Pg. 602 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. EXHIBIT A County Contract 19-312 (6231 : Senior Nutrition Program 10.c Packet Pg. 603 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. EXHIBIT A County Contract 19-312 (6231 : Senior Nutrition Program 10.c Packet Pg. 604 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. EXHIBIT A County Contract 19-312 (6231 : Senior Nutrition Program 10.c Packet Pg. 605 Attachment: PR.Senior Nutrition Program Grant Award.ATTACHMENT 1. 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Bid Responses RFQ F-19-47 (6231 : Senior Nutrition Program Grant 10.e Packet Pg. 912 Attachment: PR.Senior Nutrition Program Grant Funding..ATTACHMENT 3. Bid Responses RFQ F-19-47 (6231 : Senior Nutrition Program Grant 10.e Packet Pg. 913 Attachment: PR.Senior Nutrition Program Grant Funding..ATTACHMENT 3. Bid Responses RFQ F-19-47 (6231 : Senior Nutrition Program Grant 10.e Packet Pg. 914 Attachment: PR.Senior Nutrition Program Grant Funding..ATTACHMENT 3. Bid Responses RFQ F-19-47 (6231 : Senior Nutrition Program Grant 11.a Packet Pg. 915 Attachment: PW.Z&KContract Award Staff Augmentation for Project Manager.REPORT (6232 : Professional Services Agreement to Z&K 8/2/2019 9:45 AM received an evaluation score ranging from 68 to 95 out of 100 points possible. As requested by the Mayor and City Council on July 17, 2019, during regular Council meeting, the table below has been updated to provide a summary of the point distribution attributed to each of the firms that responded to the City’s RFP. No. Firm Score Location 1 Z&K Consultants Inc. 95 San Bernardino 2 Transtech Engineers, Inc. 88 San Bernardino 3 Project Partners 80 Laguna Hills 4 Wallace & Associates Consulting Inc. 77 Corona 5 P2S CM 77 Long Beach 6 GK & Associates 68 Diamond Bar 7 IDC Consulting Engineers, Inc.* N/A Rancho Cuca. 8 Infrastructure Engineers* N/A San Bernardino *Candidates accepted employment with other Cities and withdrew from consideration. Following a detailed analysis of each proposal, the committee concluded that Mr. Nadeem Syed of Z&K Consultants Inc. is the most qualified and the lowest cost provider. Z&K has a physical office in the City of San Bernardino located at 473 E. Carnegie Drive as specified in the proposal. Mr. Syed is a registered Civil Engineer in the State of California and is familiar with the City’s projects and project management needs as he has been providing project management services for the City’s CIP for the past eighteen (18) months. Nadeem will continue working as a Project Manager for a fee of $120 per hour on various street, storm drain, general building and parks CIP projects, including but not limited to: the 2nd street bridge replacement at Warm Creek, Mt. Vernon bridge replacement, Sierra Way storm drain, 40th Street widening from Johnson Street to Electric Avenue, State Street extension Phase 1 Baseline 16th Street to Baseline, "H" Street widening from Kendall Drive to 40th Street, ATP Cycle 2- Safe Route to School, splash park improvements, and the fuel station upgrade at the City Yard. The contract with Z&K was presented to the City Council on July 17, 2019. Additional information was requested by the Mayor and City Council regarding the proposal evaluation criteria, selection process, CIP project needs and costs. As requested by the City Council, staff has completed a detailed analysis of the project management requirements for the City’s authorized CIP projects. Based upon this analysis it is estimated that the City will need 27 hours per week of professional engineering project management support over the course of the next year to facilitate the completion of the City’s approved CIP projects. Staff is recommending a maximum not-to-exceed contract amount of $175,000 be awarded to Z&K Consultants, Inc. This Agreement shall commence on the Effective Date and continue through June 30, 2020. Subject to written approval of the parties involved, Agreement may be administratively extended by the City Manager or designee for a maximum of two (2) additional years. The total duration of the Agreement, including the exercise of any options, shall not exceed June 30, 2022. 11.a Packet Pg. 916 Attachment: PW.Z&KContract Award Staff Augmentation for Project Manager.REPORT (6232 : Professional Services Agreement to Z&K 8/2/2019 9:45 AM Fiscal Impact Z&K Consultants Inc. services will be paid through various CIP projects. Project management services were included in the FY 2018/19 and FY 2019/20 CIP adopted budgets. The majority of the CIP projects are funded through Federal and State Grants and cost will be recovered after completion. No General Fund appropriation is required for this action. 2018-19 Goals and Objectives This project is consistent with Goal No 4. Ensure Development of a Well-Planned Balanced and Sustainable City. This project will assist to contribute to well-maintained public buildings for sustained economic growth Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2019-168, authorizing the City Manager to execute the Professional Services Agreement with Z&K Consultants, Inc. for Project Management Services. Attachments Attachment 1 Resolution; Exhibit “A” Professional Services Agreement Attachment 2 Z&K Proposal Attachment 3 Z&K Cost Proposal Ward: All Synopsis of Previous Council Actions: June 19, 2019 - Resolution No. 2019-168 was adopted approving Capital Improvement Program FY 2019/20. 11.a Packet Pg. 917 Attachment: PW.Z&KContract Award Staff Augmentation for Project Manager.REPORT (6232 : Professional Services Agreement to Z&K Resolution No. 2019-263 RESOLUTION NO. 2019-263 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSULTANT SERVICES AGREEMENT WITH Z&K CONSULTANTS, INC. FOR PROJECT MANAGEMENT SERVICES WHEREAS, Article III of the City Charter which provides for the City’s legislative function with the power to set policy, approve contracts and agreements, and undertake other obligations; and WHEREAS, Z&K Consultants Inc., 473 Carnegie Drive, San Bernardino, California, 92408 is a competent firm to provide Project Management Services. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or her designee is hereby authorized and directed to award a consultant service agreement to Z&K Consultants Inc. in the amount of $175,000 to provide Project Management Services for the Capital Improvement Program (CIP), attached and incorporated herein as Exhibit ‘A’ SECTION 3. Agreement shall expire on June 30, 2020, unless earlier terminated as provided therein. Subject to written approval of the parties involved, Agreement may be administratively extended by the City Manager or designee for a maximum of two (2) additional years. The total duration of the Agreement, including the exercise of any options, shall not exceed June 30, 2022. SECTION 4. The Director of Finance is authorized and directed to issue a Purchase Order in the amount of $175,000 to Z&K Consultants Inc. for this work. SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. 11.b Packet Pg. 918 Attachment: PW.Z&K Contact Award Staff Augmentation for Project Manager.Resolution.Attachment 1 (6232 : Professional Services Agreement Resolution No. 2019-263 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 __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 11.b Packet Pg. 919 Attachment: PW.Z&K Contact Award Staff Augmentation for Project Manager.Resolution.Attachment 1 (6232 : Professional Services Agreement Resolution No. 2019-263 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 11.b Packet Pg. 920 Attachment: PW.Z&K Contact Award Staff Augmentation for Project Manager.Resolution.Attachment 1 (6232 : Professional Services Agreement 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z&K CONSULTANTS INC. This Agreement is made and entered into as of August 7, 2019 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 Z&K Consultants Inc. a State Cooperation with its principal place of business at 473 Carnegie Drive, San Bernardino, California (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: Project Management Services (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $175,000. This amount is to cover all related costs, and 11.c Packet Pg. 921 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 2 the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty- five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2020. Subject to written approval of the parties involved, Agreement may be administratively extended by the City Manager or designee for a maximum of two (2) additional years. The total duration of the Agreement, including the exercise of any options, shall not exceed June 30, 2022. 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party 11.c Packet Pg. 922 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 3 describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Sub-consultant. 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 sub-consultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract 11.c Packet Pg. 923 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 4 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 sub-consultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (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. 11.c Packet Pg. 924 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 5 c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all sub-consultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required 11.c Packet Pg. 925 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 6 (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (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. 11.c Packet Pg. 926 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 7 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its sub-consultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 11.c Packet Pg. 927 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 8 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Sub-consultant Insurance Requirements. Consultant shall not allow any subcontractors or sub-consultants 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 sub-consultants 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 sub-consultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to 11.c Packet Pg. 928 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 9 insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all sub-consultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 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 sub-consultants 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 sub-consultants, 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 sub-consultants and sub-sub-consultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs 11.c Packet Pg. 929 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 10 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. 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 Nadeem Syed 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: 11.c Packet Pg. 930 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 11 CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Alex Qishta, P.E. Acting Public Works Director/City Engineer With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Z&K Consultants Inc. 473 Carnegie Drive San Bernardino, California, 92408 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which 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 11.c Packet Pg. 931 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 12 authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 11.c Packet Pg. 932 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND Z&K CONSULTANTS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO Approved By: Teri Ledoux City Manager Approved as to Form: ****Approved Form**** Gary D. Saenz City Attorney Attested By: Georgeann Hanna, CMC City Clerk CONSULTANT Signature Name Title 11.c Packet Pg. 933 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional 14 EXHIBIT A 11.c Packet Pg. 934 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Professional Services Agreement.Exhibit (6232 : Professional City of San Bernardino Public Works Department Engineering Division Staff Augmentation June 3, 2018 11.d Packet Pg. 935 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement 473 E. Carnegie Dr, Suite 200 | San Bernardino, CA 92408 | 951.310.7470 June 3, 2018 Saba Engineer, P.E., Principal Civil Engineer City of San Bernardino Public Works Department – Engineering Division 201 North “E” Street, 2nd Floor San Bernardino, CA 92418 Subject: Request for Proposals (RFP) to Provide Staff Augmentation Dear Ms. Engineer, Z&K Consultants Inc. (Z&K) proudly presents our proposal to the City of San Bernardino for staff augmentation to provide oversight of CIP projects. Z&K is a small business located in southern California that specializes in the provision of Staff Augmentation, Program Management, Structural Engineering, Project Management, Construction Management, Construction Inspection, and Project Consulting Services. Z&K will support this contract from the City of San Bernardino and operate from our local office. Z&K will act seamlessly as an extension of city staff on services requested under this RFP. Our team members’ versatile experience in Project Management Services of major infrastructure projects and staff augmentation for the local jurisdictions makes the Z&K team uniquely qualified to provide the requested services. Our professionals are recognized as leaders in the industry because we are a streamlined, low-cost provider of seasoned project management personnel. We are recognized for our ability to deliver complex projects ahead of schedule, under budget, without claims, and with outstanding customer service for the local community. We have a track record of performing outstanding services on similar projects through saving significant time and cost from identification of the various critical elements controlling the project schedule to providing alternate practical solutions. I will serve as the contact person for the full duration on the contract and I am authorized to bind the firm to the terms of the proposal. By signing below, I attest that all information submitted is true and accurate. This proposal shall remain valid for a period of not less than 90 days from the date of submittal. The Z&K Team commits to and is excited about this opportunity to serve the City of San Bernardino. Sincerely, Crystal Faqih | President Z&K Consultants Inc. 473 E. Carnegie Dr, Suite 200 | San Bernardino, CA 92408 951.310.7470 | cfaqih@zandkconsultants.com 11.d Packet Pg. 936 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement Firm Profile Z&K Consultants Inc. (Z&K), founded in 2009, is a woman-owned, certified small business in California. The Z&K Team is a full-service civil engineering firm specializing in professional engineering services ranging from Building & Safety plan review, Land Development plan review, Building and Safety inspection, public works inspection, permitting, construction inspection, program management, structural engineering, project management, construction management, project consulting services, and staff augmentation. The Z&K team supports public works infrastructure, water, transportation, buildings, wastewater, underground utilities, and ADA services. Z&K Consultants Inc. is in a solid financial condition with a very stable balance sheet. Z&K will continue to grow and expand to improve our services to our clients. There are no conditions that may impede Z&K’s ability to complete the required work. Z&K has offices in the Cities of Corona, Oceanside, and San Bernardino. Z&K will not use subcontractors. Our clients know that we are laser-focused on their success. Clients know that Z&K will deliver outstanding results for their projects – that’s why approximately 90% of our business comes from repeat clients. We understand that sustaining our business and growing is dependent on the quality of services that we provide to our clients. Every team member dedicated to this project is an expert in their field. Our employees work diligently for and are dedicated to our clients. We have a sense of urgency for every task. The Z&K Team is prepared to quickly provide qualified personnel who can work independently or assist the City in managing a wide variety of work. The personnel identified bring specific field experience and have the qualifications required in the RFP. Z&K has a local office in the City of San Bernardino. There are currently two (2) employees stationed in the office and four (4) Z&K employees doing business in the City limits. A copy of Z&K Consultants’ City of San Bernardino business is attached for reference. Z&K Consultants Inc. Information Legal Name Z&K Consultants Inc. Legal Form of Company California C Corporation Number of Years in Business 10 Number of Employees 18 DIR Registration No. 1000029878 Corporate Office 473 E. Carnegie Drive, San Bernardino, CA 92408 Contact Person Crystal Faqih, President Contact Phone Number 951.310.7470 Contact Email cfaqih@zandkconsultants.com 11.d Packet Pg. 937 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement EXPERIENCE | PAST RELEVANT PROJECTS I-215/VAN BUREN INTERCHANGE PROJECT – COUNTY OF RIVERSIDE (RCTD) The Z&K Team provided full Construction Management support services and field personnel to the Riverside County Transportation Department (RCTD) on the $32M, I- 215/Van Buren Boulevard Interchange Improvements Project. The Riverside County Transportation Department (RCTD), in cooperation with the California Department of Transportation (Caltrans), March Joint Powers Authority (MJPA), and Riverside County Transportation Commission (RCTC), issued a construction contract to improve the I-215/Van Buren Interchange to accommodate the recent increase in traffic volumes and to facilitate future growth. The reconfiguration of the existing tight diamond interchange included the addition of a new eastbound to northbound entrance ramps, realignment and widening of Van Buren Boulevard, replacement of the existing bridge structures over the railroad and freeway, minor realignment of southbound I-215, and widening on Van Buren Blvd. and I-215 Freeway between Cactus Ave and Harley Knox. Work outside the interchange involved the addition of a traffic signal and street lighting, lighting at the northbound ramps, auxiliary lanes along I-215 between Van Buren Boulevard and Cactus Avenue, and acceleration/deceleration lanes south of Van Buren Boulevard. Various aesthetic treatments were proposed on the bridge structures, retaining walls, and decorative landscaping to reflect the area’s military influence. Budget/No claims/Excellent Public Outreach. Relevant Features: Local street improvements- signalized intersections, Roadway widening, new alignment, Construct new Overcrossing Bridge, new ramps (on/off/on-loop ramp), Freeway widening (AC/JPCP), Acceleration/deceleration lanes, Drainage systems improvement / reconstruction, CIP-PS box girder bridge (single span), CIP-PS-Box Girder Bridge (OC), AC, JPCP freeway lane widening/ramps & ramp terminals, Driven piles & Abutments, MSE walls/retaining wall, Multi-agency coordination, Roadway widening, new alignment 11.d Packet Pg. 938 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement MAGNOLIA AVENUE GRADE SEPARATION PROJECT, COUNTY OF RIVERSIDE (RCTD) Z&K team provided construction management support services to the Riverside County Transportation Department (RCTD) for the Magnolia Grade Separation project. The proposed improvements include the construction of railroad grade separation at the BNSF and Magnolia Avenue at Grade crossing with a new four lane overhead structure (bridge) over existing BNSF tracks. Bridge approaches are supported by Retaining Walls/MSE Walls systems on both ends, multiple walls systems for pedestrian and vehicular support. Work also consisted of the construction of temporary MSE walls, shoring, casing support system to facilitate construction of 13ft diameter CIDH piles and stage construction on both approaches. Relevant Features: Grade Separation over BNSF railroad, Cast-in-place (CIP)- prestressed (PS)-Box girder bridge with a hinge and ~150’ long PS outrigger bent caps, Driven piles at abutments, 13ft dia. cast -in-drilled-holes (CIDH) piles at bents, Bridge Widening, Stage Construction, Mechanically stabilized earth (MSE) walls/Type-1 retaining wall and sound walls, Drainage/sewer systems improvement, Major Utility relocation/coordination (OH power, water, sewer, storm drainage, gas, fiber optics, and street lights), Asphalt Concrete (AC)- Portland cement concrete (PCC), JPCP, curb & gutter, sidewalk, signals & street lighting, Multi-agency funding/coordination, Railroad track & signal replacement/improvement, Stage construction/roadway closure/detour/local business access-No Closures, Coordination with Riverside County Flood Control, BNSF Railroad coordination. Project Management and Inspection: Z&K is providing Full Construction Management support services to the Riverside County Transportation Department (RCTD) for the Magnolia Avenue Grade Separation project. The proposed improvements include the construction of ~1450’ long (2-frame/CIPPS Box Girder Bridge) railroad grade separation at the BNSF and Magnolia Avenue at Grade crossing with a new four lane overhead structure (bridge) over existing BNSF tracks. Bridge approaches are supported by retaining walls/MSE walls systems on both ends, multiple walls systems for pedestrian and vehicular support. Construction of temporary MSE walls, shoring, casing support system to facilitate construction of ~90’-100’ deep 13ft dia CIDH piles and ~ 140’ wide outrigger bents over Railroad tracks. Z&K managed and expedited relocation of all existing dry & wet utilities to allow starting bridge construction (gas, sewer, water, communication, drainage, electricty, railroad signals, crossings, etc). Sustainability: Constructed major temporary drainage system along CIDH piles to handle drainage for all area south of project during heavy rain events to avoid flooding. Bridge design included lot of hardscaping to minimize water consumption. MSE walls and bridge approaches includes unique architectural features showing history of the area. Stakeholders/Agency Coordination: Z&K worked closely with BNSF RR to maintain safe vehicular & pedestrian crossing during construction. Expedited review of major submittals and completion of all 18 ea. 13’ dia. CIDH piles without and significant anomalies/ needed for major repairs in a record time (saving schedule). RCTD was forced to shut down Magnolia Avenue at BNSF RR crossing due to serious safety concerns for the traveling public, pedestrians, school children, and RR traffic. (Documented numerous close calls) forcing BNSF & RCTD to order the shutdown of Magnolia Avenue and detour traffic around Lincoln/Indiana/ Buchanan. Benefits to Client: Original Base Line schedule was reduced by ~6 months as a result of Z&K’s constructability review (18 months from 24 months). Closing Magnolia Avenue helped the contractor revise his construction/ staging strategy significantly. Base Line schedule was re-evaluated and revised reducing construction duration by another 3 months. This allowed the contractor more access and higher production rates than anticipated. Local businesses were provided with uninterrupted vehicular/ pedestrian access. Additionally, the County assisted all businesses advertising their businesses along the detours/approaches and local press. We anticipate having traffic on the Bridge by Thanksgiving. 11.d Packet Pg. 939 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement WASTEWATER TREATMENT PLANT EXPANSION /RENOVATION & BRINE PIPELINE INSTALLATION PROJECT, CITY OF BEAUMONT The Z&K Team is providing Construction and Project Management Services for this project. The City’s WWTP is currently treating approximately 3.3 million gallons per day (MGD) of the permitted capacity of 4.0 MGD. Per the City’s National Pollutant Discharge Elimination System (NPDES) Permit, once flows at the WWTP reach 75% of the permitted capacity, the City is required to begin the planning, design and funding process to expand the plant. In addition to the need for more capacity to serve the City’s growing customer base, the City is mandated by the Regional Water Quality Control Board (Regional Board) to upgrade its WWTP to meet groundwater basin objectives. The two state- mandated upgrades are total dissolved solids (TDS) and nitrogen reductions. The City of Beaumont’s Wastewater Treatment Plant (WWTP) Expansion/Renovation Project includes will increase the permitted capacity from 4 MGD to 6 MGD. The WWTP’s new treatment processes will be implemented to stay within the plant’s existing property, achieve water quality objectives, and meet build-out flows. To meet the mandated TDS reduction requirements, the City will be implementing a reverse osmosis (RO) process. The pretreatment for the RO system will include two stage screening, grit removal, conventional aeration/biological treatment, and a membrane bioreactor process. The system will continue to utilize UV disinfection. The City is also constructing a 23-mile pipeline that will connect to the Inland Empire Brine Line (IEBL) in San Bernardino to discharge brine that will be treated at Orange County Sanitation District (OCSD). This project will need to be completed while the current WWTP is in full operation. The IEBL connects to the Orange County Sanitation District’s (OCSD) Santa Ana River Interceptor (SARI) brine pipeline above the Prado Dam and carries brine developed in the Inland Empire to the OCSD’s Plant 1 in Fountain Valley, where the brine will be ultimately treated. YVONNE BURKE – JOHN HAM PARK COMMUNITY CENTER, CITY OF LYNWOOD, CA Z&K Consultants provided Project and Construction Management, Project Management, and Inspection services for this new 8,645 SF Community Center. Project includes a kitchen, multipurpose rooms, administration offices, restrooms, game room, concession room, landscaping, irrigation, site walls, site lighting, and pacing. The building is utilizing a dual plumbed system and the site is using reclaimed water for irrigation. The project has required close coordination with SCE, Region Water Quality Control Board, and Los Angeles County Department of Public Health. The construction cost is $4.7 M. Project began 2015 and was completed 2017. 11.d Packet Pg. 940 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement I-15/LIMONITE AVENUE INTERCHANGE PROJECT – EASTVALE, CA Providing Project and Construction Management services for the I-15/Limonite Avenue New Interchange Project. Project aims to improve the existing freeway interchange at I-15 and the Limonite Avenue overcrossing by widening the existing northbound and southbound on- and off-ramps, replacing existing overcrossing structure with an eight-lane bridge, and constructing new loop on- ramps. The improvements consist of a new 8- lane overcrossing, 3 through lanes in each direction plus 2 turn lanes, widening of the off ramps from 2 to 4 lanes, the addition of 2 new loop on ramps, and widening of Limonite to 4 lanes in each direction between Hamner Avenue and Wineville Avenue. It will reduce traffic congestion for Eastvale and Jurupa Valley residents and communities on the I-15, increase access to economic and medical centers, and improve air quality by reducing emissions related to car idling in congestion. VICTORIA AVENUE RECHARGE WATER FACILITY – RIVERSIDE, CA (WMWD) Z&K Consultants is providing project management and construction management for this project. This major capital improvement project for Western Municipal Water District includes the installation of new groundwater extraction wells as a means to help increase the groundwater basin quantity and improve its quality. Major improvements on this project include: mass grading operations, the installation of three storm water basins, a divergent structure, numerous interior roadway improvements for vehicular and pedestrian access, two concrete trapezoidal rerouting channels into the water basin, storm water collection structure, the installation of 4000 linear feet of 20” reclaimed water pipeline three local city streets connecting the gage canal reservoir into the three proposed storm water basins. 11.d Packet Pg. 941 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement CITY OF MORENO VALLEY: SR-60/NASON & MORENO BEACH IC IMPROVEMENT SR-60/Nason & Moreno Beach Interchange Improvement projects (~$22.0M Combined) included replacement of existing OC Nason Bridge over SR-60 Freeway (2 span- PCPS Box Girder superstructure supported on bent columns and spread footing, and abutments supported on CIDH piles). The construction of new loop on-ramp, realignment/widening of existing/newly constructed on/off- ramps. Comprehensive local street improvements/ reconstruction, signalized intersections, ADA compliant sidewalks, ramps, major utility relocation/ coordination, storm drainage improvement, constructing PC sound walls supported on CIDH piles. The work also included creating major hardscaping & landscaping improvements with 3-years plant establishment. Work was completed in a record time of 11M instead of original 16M schedule (significant plans/spec’s improvement due to a detailed constructability review. 6M Schedule Reduction/Under Budget/ No Claims/APWA/CMAA Award winning. VETERAN SPORTS PARK AT TUSTIN LEGACY – CITY OF TUSTIN, CA Z&K Consultants is providing project management and construction management services for the City of Tustin, overseeing this 31.5-acre sports park which is bounded by Lansdowne Road, Valencia Avenue, and Severyns Road. The project is 100% locally funded utilizing several funding sources. Phase 1 of the construction for the Veterans Sports Park, adjacent to the Tustin Family Campus, has begun and consists of demolition, grading, and utility installation. The sports park will contain a wide variety of recreational facilities such as softball, soccer, tennis, basketball, racquetball, volleyball and pickleball. The park will also include a passive open space area, a veteran’s memorial feature, and an active play environment. Phase 2 of the construction consisting of the remainder of the park improvements is anticipated to open in late 2019. 11.d Packet Pg. 942 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement FACILITIES CONDITION ASSESSMENT AND NEED ASSESSMENT (FCNA) – CITY OF SAN BERNARDINO, CA This project includes facilities condition assessment and need assessment for 176 buildings in the City of San Bernardino. The team identified and documented the current conditions of all existing City-owned structures. This included: architectural, mechanical, electrical, plumbing, and water intrusion and physical state of each building, and compliance with modern building codes. The team conducted a comprehensive analysis of structural integrity and seismic conformity including foundation assessment and documented all deficiencies. Z&K determined the presence of hazardous materials such as lead, asbestos, etc. in all facilities. Z&K reviewed all the available structural drawings on all city structures, performed site visits to verify the existing conditions are consistent with the drawings, and performed an ASCE 41-13 Tier 1 structural seismic evaluation for the life safety performance level to identify potential deficiencies. Z&K utilized standardized checklists for the rapid evaluation of the structural system for seismic deficiencies. Z&K performed an ASCE 41-13 Tier 2 structural evaluation for items found to be potentially deficient in the Tier I evaluation. The team further investigated the deficiencies as noted in the Tier 1 checklists. The team developed a 3-D computer model of each structure to develop and evaluate the seismic response of the building and assist in evaluating the components identified as potentially deficient in Tier 1 evaluation. This work was performed in order to gain a better understanding of the earthquake risks to the buildings, and to assist the City of San Bernardino in facility planning and budgeting for potential seismic upgrade work to improve earthquake resistance and occupant safety. The scope of work involved site investigations; review of available reports and record structural drawings; preliminary seismic assessment based on ASCE 31 structural performance checklists in conjunction with engineering judgment and experience; computer modeling and preliminary seismic analysis work; development of concepts and costs to mitigate identified deficiencies and improve life safety performance; and preparation of this report of findings and recommendations. The team submitted a final report of all findings and made a presentation to city staff and city council. SR-91/VAN BUREN BOULEVARD INTERCHANGE IMPROVEMENT – CITY OF RIVERSIDE, CA The SR-91/Van Buren Boulevard Interchange Project involves replacement of the existing overcrossing bridge with a 61-meter-long, 46-meter-wide, and 2- span cast-in-place pre-stressed concrete box Girder Bridge. The bridge is constructed in two stages with a closure pour; superstructure supported by abutments and columns on spread footings, construction of ramps including a new eastbound entrance ramp, the existing eastbound entrance ramp and westbound entrance and exit ramps. The project also includes construction of various retaining walls; construction, relocation and coordination of various utilities along the new alignment, including utilities passing through the bridge’s superstructure cells, installation of traffic signals at all intersections, ramp metering, streetlight, and communication lines, construction of drainage systems along the new alignment, curb and gutter, sidewalks, metal beam guard rails, slope protection, and landscaping. Technical Features Include: Construct new Overcrossing Bridge, Bridge replacement/stage construction/closure pour over freeway, Spread footing bridge, shoring, Retaining walls with elaborate architectural features, Sound Walls, Open, channel/rectangular/RCB improvement, Extended ramp/freeway closures, Accelerated schedule/ reduction by 8 mos., AC/JPCP, ramp termini, Elaborate/massive shoring systems, Close residents/businesses/coordination & public outreach, CT Oversight, Federal funding, METS source inspection. 11.d Packet Pg. 943 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement Scope of Services Z&K Consultants Inc has an exceptional record of success providing project management services for public agencies as well as private enterprises and is abundantly qualified to manage the City’s projects. The Z&K Team will provide the following tasks, at a minimum, for the City of San Bernardino: » Work Closely with other City’s Departments on projects during design and construction » Coordinating with City staff and other agencies (if required) to prepare PS&E package » Familiar with CDBG funding requirements and should be able to prepare bid package according to CDBG requirements and advertise the project to receive construction bids » Familiar with Federal funding requirements » Should have a strong project management, construction management and contract administration experience » Should have design/build experience » Preparing staff reports for City Council approval » Attending Council meetings and answer any questions if come up » Project coordination during construction » Project close out The Z&K Team may also provide the following tasks, as needed: » BE PROFICIENT IN PREPARING REQUESTS FOR PROPOSALS FOR DESIGN CONSULTANT SELECTION; The Z&K Team will prepare the City’s request for proposals for design consultant selection per the City’s ordinance requirements. » DEVELOP CRITERIA FOR DESIGN CONSULTANT SELECTION, EVALUATE CANDIDATES AND MAKE RECOMMENDATIONS; Z&K will develop criteria for design consultant selection that will ensure the acquisition of quality goods at the best value to the City. Once the proposals are submitted by the designers, Z&K will provide a thorough evaluation of the consultants to determine the most qualified and cost-effective designer that will meet the City’s schedule and budget on the project. » PREPARE CONTRACTS FOR THE SELECTED DESIGN CONSULTANTS; Z&K will prepare the contracts for the selected design consultants per the City’s contract requirements and format. The team will review the contract to make sure that the designer meets all insurance and contract requirements. » PREPARE A MASTER PROJECT BUDGET AND SCHEDULE; The Z&K Team will prepare a master project budget and schedule. Z&K will routinely review the contractor’s schedule update to the baseline schedule and identify potential areas of delay to the critical path. From the weekly look ahead schedule, the team will ascertain that the schedule logic, milestones, and floats are within allotted tolerances. The Z&K team will provide a critical path method schedule to monitor the project progress closely, define the critical path tasks, and provide, on a monthly basis, an update of accomplishments and projected project schedule goals for the following month. As work progresses, we will update the schedule to reflect the percent complete and forecast completion. The project budget will be closely monitored, and the team will communicate any anticipated changes to the City. Strict compliance with the original scope of work and initial construction cost budget can be achieved through continuous, and timely communications with City staff. » MONITOR AND REVIEW DESIGN CONSULTANTS’ PROGRESS, BUDGET AND SCHEDULE, REVIEW PLANS AND TECHNICAL SPECIFICATIONS FOR COMPLETENESS AND CONSTRUCTABILITY; Z&K will have ongoing coordination with the City and the design team to ensure that the design in on schedule and within budget. The Z&K Team understands that prompt constructability reviews and alternative construction methods allow for cost and schedule savings. Prior to bidding, the Z&K Team will conduct a thorough constructability review on the project plans, specifications, and estimates that will focus on anticipating issues in the field and resolve them through fast and flexible problem solving. This approach will result in timely completion of the work, claims avoidance, and reduction of public inconvenience. Once the review is complete, the CM team will meet with the City and design team to discuss any comments and coordinate the finals plans and specifications with the designer. 11.d Packet Pg. 944 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement » PERFORM A PRE-CONSTRUCTION SURVEY, PREPARE BIDDING DOCUMENTS; MONITOR AND FACILITATE DESIGN CONSULTANTS’ PLAN CHECKING WITH ALL PERTINENT AGENCIES; Z&K will provide a pre-construction survey for the project. Z&K will prepare bidding documents per the City’s requirements, assist the City with advertising, and conduct a pre-bid conference. The Z&K team will also monitor and facilitate the design consultants’ plan checking with all pertinent agencies for compliance with all requirements » PREPARE A MASTER LIST FOR ALL PLAN CHECK COMMENTS AND RESPONSES; Once plan check comments and responses are received, the Z&K Team will prepare a master list so that all changes are made. » REVIEW THE ENGINEER’S ESTIMATE FOR ACCURACY; AND PROVIDE VALUE ENGINEERING REVIEWS; Z&K has the knowledge and expertise to review the engineer’s estimate for accuracy and provide any recommendations to the City for cost savings through value engineering. » PROVIDE REPORTS FOR GRANT REQUIREMENTS; Proper documentation will be key for the City’s grant requirements. Our proposed staff has extensive documentation and filing experience to submit a complete record of the project. » ASSIST IN BIDDING OF PROJECTS; ASSIST IN PREQUALIFICATION OF BIDDERS; AND PROVIDE RESPONSES TO BIDDERS DURING BIDDING PERIOD; The Z&K Team will perform constructability reviews, bidability reviews, develop bidding documents and assist with the bidding process for all projects. Z&K will perform a prequalification evaluation of bidders to ensure the contractors comply with the City’s requirements and have the necessary experience and resources to complete the projects on time and within budget. Z&K will act as an extension of City staff to answer any questions the bidders and to provide responses in a timely manner. » PROVIDE BID ANALYSIS; CONDUCT REFERENCE CHECKS ON THE LOW BIDDER; CONDUCT STATE LICENSE AND INSURANCE CHECKS ON LOW BIDDER; AND MAKE RECOMMENDATION FOR THE SUCCESSFUL BIDDER; Z&K will review the bids for completeness and responsiveness on behalf of the City. Z&K will confirm that all required documents, including acknowledgements of all addendums, were submitted; verify that the scope of work proposed was in accordance with the RFP; verify via the California Contractor’s State License Board web site and/or office that the Contractor’s licenses are current and active; ensure bid bond surety coverage; tabulate and check the bids for mathematical errors; and contact the listed client references. Z&K will submit a completed set of bid assessment forms, including the Contractor License check, bid bond surety check and contractor reference inquiry forms. Z&K will manage any formal protests that are received. At the completion of the bid analysis, Z&K will make a recommendation for the successful bidder. » PREPARE CONTRACT FOR THE SUCCESSFUL BIDDER; AND REVIEW CONTRACT REQUIRED DOCUMENTS FROM THE SUCCESSFUL BIDDER; Z&K will coordinate with the contractor for the award of contract per the City’s contract requirements and format. The team will review the contract to make sure that the designer meets all insurance and contract requirements. » REVIEW CONTRACTOR’S COMPLIANCE WITH PERMIT REQUIREMENTS, INCLUDING NPDES, REVIEW CONTRACTOR’S SCHEDULE; A noteworthy item regarding overall team capability is the fact that the Z&K team is considered a leader in NPDES permit compliance. Compliance is a key issue on all construction projects, and all Z&K employees are trained internally, particularly in the areas associated with the new permit regulations. In addition to our internal training, many Z&K employees hold QSD/QSP certificates. Z&K will review the contractor’s compliance with permit requirements, including all permits with agencies and utilities, encroachment permits, and NPDES permit. » VERIFY THE CONTRACTOR’S AS-BUILT PLANS AND SCHEDULE; AND PROVIDE AS-BUILT SCHEDULES; The Z&K Team will continuously update the plans as changes are approved. When the project is completed, the Project Manager will submit a complete set of “as-built” plans to the City. » REVIEW CONTRACTOR’S MONTHLY PAYMENT REQUEST AND MAKE RECOMMENDATION FOR PAYMENT; AND REVIEW CONTRACTOR CERTIFIED PAYROLL FOR ACCURACY; Z&K will promptly review progress payments requests and certified payroll for accuracy. Inspectors will verify the work performed and the team will provide a recommendation 11.d Packet Pg. 945 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement to the City for payment. The Z&K team will be conducting monthly field reviews with all labor trades to verify that actual prevailing wages and benefits follow applicable laws and certified payrolls submitted by the contractor and subcontractors. Z&K will also immediately inform the City of any discrepancies or labor compliance violations. » COORDINATE THE SURVEYING, MATERIALS TESTING AND INSPECTION NEEDS OF THE PROJECT; MAY PROVIDE CONSTRUCTION INSPECTION, SURVEYING, HYDRANT FLOW TESTING, AND MATERIALS TESTING SERVICES; AND MONITOR THE INSPECTION, SURVEYING, AND MATERIALS TESTING BUDGET; The Z&K Team will coordinate all materials testing, including scheduling compaction testing, sampling and testing of fresh concrete for compressive strength, aggregate gradation for concrete and asphalt paving mix design qualification and verification, compaction testing for AC paving, and sampling for multiple acceptance testing. In addition to tracking and reviewing the contractors’ progress payments requests, Z&K will manage the geotechnical testing, inspection and surveying budgets for accuracy to ensure that the projects stay within budget. The Z&K Land Surveyor will perform quality assurance of all construction surveying. The Surveyor will verify contractor’s field work, survey records, and monumentation for accuracy and completeness. » REVIEW, NEGOTIATE AND MAKE RECOMMENDATIONS FOR CHANGE ORDERS; The Z&K Project Manager and Inspection staff bring a detailed understanding of the City processes for administering Contract Change Orders per City’s standards & procedures. We will work closely under the direction of the City’s Project Manager with the contractor to verify that change orders are processed and executed promptly by the contract documents and City’s procedures. Inspectors will verify all work performed under time and materials, including equipment, contractor crew, and field measurements quantities. Frequent monitoring and early identification of any design changes and/or construction change orders affecting project costs will also assist in controlling costs. Preparing and monitoring a comprehensive work breakdown structure is instrumental in controlling any design and engineering cost changes and construction change orders. The Project Manager will promptly review, negotiate, and provide a recommendation on all change orders to the City. » REVIEW, RESPOND AND FACILITATE RESPONSE TO REQUEST FOR INFORMATION (RFI); AND REVIEW AND FACILITATE SUBMITTALS AND SHOP DRAWINGS; Z&K will provide on-going coordination with the City, design team, utilities, other agencies, and the contractor. Z&K will review and track all submittals, shop drawings, and RFI’s as they are received and document it on the City’s processing software. » PROVIDE AND MAINTAIN LOGS FOR RFIS, CHANGE ORDERS, SUBMITTALS, REQUEST FOR QUOTATIONS, CORRECTION NOTICES, STOP WORK NOTICES, AND RELATED CONSTRUCTION DOCUMENTS; Our team know that a complete record of the project must include a full set of all contract drawings, specifications, change orders, logs, submittals, request for quotations, correction notices, stop work notices, RFI’s, and all related construction documents. Filing will include correspondence with all stakeholders and permit agencies, reports (daily, weekly, monthly) showing all day- to-day operations, the contractor's workforce, and equipment. In addition to the materials on hand, materials testing reports and sampling, copies of all permits, SWPPP plan, all reports, updates, and all other contract documents related to the construction of the project will be documented and logged. » COORDINATE AND FACILITATE COORDINATION WITH UTILITY COMPANIES AND CONTRACTOR; The Project Manager will provide on-going coordination with the City, design team, utility coordination, other agencies, and the contractor to avoid any potential delays to the project. » PROVIDE VIDEOTAPE AND PHOTOGRAPHIC DOCUMENTATION OF PROJECT SITE PRIOR TO AND DURING CONSTRUCTION, INCLUDING VIDEO INSPECTION OF UTILITIES; AND PREPARE WEEKLY CONSTRUCTION PROGRESS REPORT TO THE CITY; The Z&K Engineers and Inspectors have the knowledge, skill, and experience to inspect all the anticipated construction operations for this contract. The Z&K proposed staff will complete a Daily Report including weather, equipment, crews/personnel, activities, quantities, photos/videos (before, during and after construction) of the site and utilities, and critical conversations that took place each day. Daily Reports will be accessible by City staff to ensure that the City is informed of the project progress. A construction report will be submitted to the City on a weekly basis. 11.d Packet Pg. 946 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement » MONITOR CONTRACTOR’S LABOR COMPLIANCE; Z&K will monitor for compliance with all the applicable state and federal funded labor laws and contract requirements, such as prevailing wage requirements. The Z&K team will be conducting monthly field reviews with all labor trades to verify that actual prevailing wages and benefits follow applicable laws and certified payrolls submitted by the contractor and subcontractors. As part of the monthly construction progress report, the Project Manager will submit a monthly labor compliance report to the City. The Project Manager will also immediately inform the City of any discrepancies or labor compliance violations. » REVIEW CONTRACTOR’S SAFETY PROGRAM; Z&K recognizes that job site safety is the highest priority on any work site and requires vigilance by everyone. Z&K will review, monitor, document and enforce contractor safety procedures for compliance with laws and regulations for all construction operations. The Z&K staff is knowledgeable with the Caltrans Safety Manual and the OSHA Construction Safety Orders. All proposed Z&K team members will have the 10/30-hour OSHA Training Certification. The Z&K team will attend the Contractor’s and City’s Safety Meetings and promote safety throughout the life of our contract. If any safety violations occur, Z&K will take immediate action to correct the issue and report any incidents to the City. » PREPARE PROJECT PUNCH-LIST; The Project Manager will check the near-completed facilities to identify discrepancies and deficiencies in the work performed by the contractor and prepare the necessary punch lists. The Z&K Team will promptly perform a walk-through inspection with the contractor to finalize the punch list. » PREPARE ALL DOCUMENTATION NEEDED FOR PROJECT CLOSEOUT; Z&K will review and verify the contractors record drawings and submit it to the designer in a timely manner. Z&K will meet with the design engineer to verify the record redline markups have been accurately made into record drawings. The team will process the contractor's final payment request, issue a Certificate of Completion, obtain applicable permits and complete a Project Final Report. Z&K will aid in resolving any outstanding disputes (claims, documentation, negotiations, and litigation support). Z&K will deliver all project files (federal/state/local paperwork) including photographs, complete the final Report, and funding reimbursement application as needed. Z&K will also issue a Certificate of Completion, obtain applicable permits and complete a Project Final Report. » NOTIFY CITY IF CONTRACTOR DEFICIENCIES ARE FOUND; Z&K will immediately notify the City if any contractor deficiencies are found and will provide recommendations for solutions. SUMMARY Z&K has the project management expertise, which will allow us to complete complex assignments within tight schedules and budgets successfully. Many of our key personnel are currently working major projects so they possess a level of understanding of necessary processes and procedures which will eliminate any learning curve. Our assigned Team Leader and the team resources are committed to providing you with the right resources when needed. Our entire team is committed to establishing and maintaining strong working relationships with all parties based on trust and mutual respect. The Z&K team understands the scope of work and the City’s expectation of deliverables. Our team was assembled to provide a depth of resources to meet or exceed the City’s personnel and performance requirements. Most importantly, our team is comprised of individuals who are passionate about their work. The Z&K team is committed to the success of this contract. 11.d Packet Pg. 947 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement PROJECT ORGANIZATION CHART Z&K Consultants commits that all assigned personnel will not be removed or replaced without prior written City approval. Key personnel will be available to the extent proposed for the duration of the contract. Our proposed and fully committed team is fully capable and exceptionally qualified. They have held many leadership and supervisory management positions in many local agencies including the private and public sectors. All can multi-task, are multi-disciplined, and have a full understanding of all aspects of the proposed project requirements. They deliver their knowledge and expertise with tact and seamless integration with other City staff and outside agencies. Nadeem Syed, PE Senior Project Manager Additional Resources Kev Tcharkhoutain Senior Project Manager Bill Wen Senior Project Manager Ahmed Ibrahim Structural Engineer/Technical Support Dion Castro Environmental/SWPPP Specialist Charles Lamb Senior Landscape Architect Dennis Green Public Relations/Outreach William Henry Senior Land Surveyor Sultan Tahir Senior Inspector City of San Bernardino Brittany Duhn, EIT Project Manager Patrick Fraire Project Manager/Senior Inspector 11.d Packet Pg. 948 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement NADEEM SYED, P.E. Relevant Key Highlights: ▪ Construction Management ▪ Project Management ▪ Construction Inspection ▪ Constructability Reviews ▪ Value Engineering ▪ Submittal Reviews ▪ Contract Administration ▪ Progress Billing Review ▪ Change Order Review ▪ Request for Information Review ▪ Capital Improvement Projects ▪ Construction Survey ▪ Materials Testing ▪ Sewer Lift Stations, Pump Stations ▪ Structural Projects ▪ Structural Buildings ▪ Pipeline Projects ▪ Right-of-Way ▪ Street Improvements ▪ Roadway Improvements ▪ Drainage Improvements ▪ Parks, Buildings, Open space amenities, Sports Fields ▪ Bridges & Interchanges ▪ Retaining Walls & Sound Walls ▪ Landscaping ▪ Traffic Signals ▪ Water Quality Improvements ▪ Pump Stations ▪ Prevailing Wage Structures ▪ Regulatory Compliance ▪ OSHA Certified ▪ Caltrans & Public Works Experience ▪ Regulatory Compliance ▪ Agency Coordination ▪ Contract Administration ▪ Cost/Scheduling/Budgets ▪ Safety Compliance ▪ Quality Control/Quality Assurance ▪ Claims Support ▪ Training Nadeem Syed has 29 years of experience in civil and traffic engineering, with particular expertise in Capital Improvement Program (CIP) development and management. He spent 20 plus years engineering and implementing various CIP projects for municipalities, including the cities of San Bernardino, El Monte, Rialto, Fontana, Corona, Diamond Bar, San Marcos and Baldwin Park. These capital projects have included street reconstruction, sewer and water systems, park rehabilitation and municipal buildings. Nadeem participated in developing departmental budgets, conducted training and performance evaluation to staff, established an Assessment District for construction of sewer main line and street lights, developed master plans for citywide storm drains, a master plan for citywide street lights, a master plan for citywide sidewalks, and he successfully applied for various grants such as HES, SR2S, and ATP grants. Nadeem is involved with traffic engineering, managed traffic related investigations and installation of traffic devices, accident analysis, traffic calming and citywide traffic signals synchronization. Nadeem is also involved with commercial and private development, providing plan checks for grading, drainage, sewer, street and storm drain plans. He processes tentative maps, including establishing conditions of approval for subdivisions and private developments and issued public works permits and conducted inspections for on-site grading and off-site public improvements. Mr. Syed has previously worked as: Senior Engineer, City of San Bernardino, City Engineer, City of El Monte, Senior Project Manager, Veolia Water, Deputy Public Works Director/Assistant City Engineer, City of Rialto, Principal Civil Engineer, City of Rialto, Senior Civil Engineer, City of Fontana Relevent Project Experience Corak Storm Drain Improvement Project: Construction Management and Inspection Services, City of Baldwin Park. The scope of this project is for engineering design services for City’s Corak Street Storm Drain projec t, which was already under construction. The scope of the work included reviewing the design produced by another consultant and prepared a complete bid package (plans, specifications and cost estimate) for the City to advertise the last section of the project for construction bidding. - 10th Street Improvements, City of Montebello: This project consisted of design, project management, bidding, award of contract, construction management and inspection of the 10 Street improvements from Whittier Boulevard to Cleveland Avenue. - Pavement Repairs and Skin Patch of Various Streets - CDBG Zone, City of Montebello. This project consisted of design, project management, bidding, award of contract, construction management and inspection as well as federal fund administration and labor compliance of various streets pavement repairing and skin patching. - Alley Improvement Project (Construction Phase)-FY 2015-2016, City of Bell Gardens: This project consisted of project management, construction management, inspection, and administration during the construction phase. EDUCATION » BS, Civil Engineering, California State University Long Beach, 1990 » BA, Business, Punjab University, Pakistan LICENSES & REGISTRATION » Registered Professional Civil Engineer, CA – No. 64381 Years of Experience: 29 NADEEM SYED, P.E. Senior Project Manager 11.d Packet Pg. 949 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement NADEEM SYED, P.E. - City Engineer, City of Huntington Park: Oversee City’s Capital Improvement Program, to insure all projects move in timely manner. Approve all improvements plans related to land development. - Senior Engineer at City of San Bernardino: Work at the capacity of project manager and managed projects such as street rehabilitation, roof replacement, HVAC upgrades, conduct need assessment for all City owned building (185 buildings), convert City LNG fuel station to CNG, Mount Vernon bridge replacement, 2nd Street bridge widening, 40th Street widening, State Street extension, etc. Senior Engineer, City of Baldwin Park: Provided administration of NPDES requirements, including the permit process, conducted inspections and issued notices of violation for illicit discharges. Responsible for the MS4 permit program and implementation of its compliance through outsourcing. Managed capital projects such as street overlay, slurry seal, sidewalk installation, sewer main construction etc.; involved in Land Development section, processed tentative maps, final maps and lot line adjustments. Senior Civil Engineer, City of Fontana: In-charge of $100,000,000 redevelopment CIP projects and engaged in at least seven to nine CIP projects per fiscal year in their entirety, including preparation of specifications, bid openings, award of contracts, and fin ally construction including management and inspection. Involved in relinquishment of Foothill Boulevard from Caltrans and San Bernardino County, street widening project ($15 million), Baseline Avenue widening ($19 million), CDBG and Safe Route to School (SB281) sidewalk programs, construction of new streets, slurry seal program, projects funded through various grants including OTS, SR2S, STP, and other federal funds. Deputy Public Works Director/Assistant City Engineer, City of Rialto. Responsible for overseeing of the Public Works Engineering Division and the City’s CIP Program. Managed a staff of 13, which included professional and paraprofessional personnel. Successfully completed a number of projects such as a new fire station building, Fergusson Park football field, street reconstruction proj ects, storm drains, sewer manholes and water mains. Involved in all water and wastewater capital projects, both distribution and operational, including installation of new sewer lines, manhole rehabilitation, rehabilitation of ultra violet treatment system in Waste Water Treat ment Plant (WWTP), mixing system of sludge tanks (1.5 million gallons) and Dystore cover installation. Served as the project manager of an $18 million renewable energy project. This project included installation of new FOG system, gas treatment system, three fuel cell s and pertinent equipment to convert digester gas into electrical power. Oversaw the contract of Veolia Water Company (the plant operator ) and resolved any issues that arose and made sure all state and federal permits were in place. Also led the City of Rialto’s Traffic Engineering Unit where he was responsible for investigations regarding installation of traffic related devices, accident anal ysis, traffic calming improvements (such as, roundabouts, medians, humps and raised speed tables), and citywide traffic signals synchronization. City Engineer, City of El Monte: Responsible for overseeing the City’s Capital Improvement Program, Traffic Engineering and Land Development sections. Implementing various capital projects including, but not limited to street reconstruction, sewer replacement, park rehabilitation, federal projects, state projects, and complete street projects such as Safe Route to School street improvement projects, CDBG-funded street reconstruction projects, street overlay and slurry seal projects, traffic signal installation etc. Attended various commission and council meetings. 11.d Packet Pg. 950 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement PATRICK FRAIRE Relevant Key Highlights: ▪ Construction Management ▪ Project Management ▪ Construction Inspection ▪ Constructability Reviews ▪ Value Engineering ▪ Submittal Reviews ▪ Contract Administration ▪ Progress Billing Review ▪ Change Order Review ▪ Request for Information Review ▪ Capital Improvement Projects ▪ Construction Survey ▪ Materials Testing ▪ Sewer Lift Stations, Pump Stations ▪ Structural Projects ▪ Structural Buildings ▪ Pipeline Projects ▪ Right-of-Way ▪ Street Improvements ▪ Roadway Improvements ▪ Drainage Improvements ▪ Parks, Buildings, Open space amenities, Sports Fields ▪ Bridges & Interchanges ▪ Retaining Walls & Sound Walls ▪ Landscaping ▪ Traffic Signals ▪ Water Quality Improvements ▪ Pump Stations ▪ Prevailing Wage Structures ▪ Regulatory Compliance ▪ OSHA Certified ▪ Caltrans & Public Works Experience ▪ Regulatory Compliance ▪ Agency Coordination ▪ Contract Administration ▪ Cost/Scheduling/Budgets ▪ Safety Compliance ▪ Quality Control/Quality Assurance ▪ Claims Support ▪ Training Mr. Fraire has experience in contracting, field investigation, project management, quality control, and construction management for heavy civil projects. He has provided inspection services for a bridge replacement, grade separation, and interchange projects. Mr. Fraire has thor ough knowledge investigating construction defects issues and their causes, field inspection and monitored various project elements including falsework and shoring review, construction and removal, formwork, concrete pours, and coordination with various testing labs. He has knowledge of Caltrans construction manuals, Caltrans standard filing system, materials inspection & certification procedure and documentation, field measurement verification, revie w of submittals & RFI’s. Mr. Fraire’s expertise extends to his familiarity with Caltrans, Federal Department of Labor and State of California Division of Labor Standards Enforcement (DSLE) Compliance Monitoring Unit (CMU) requirements and equal employment opportunity compliance monitoring. Mr. Fraire is a highly motivated engineer with great enthusiasm and eagerness to learn new metho ds and construction techniques. He is a critical thinker with great attention to detail for finished products. He is experienced in setting up and maintaining project files, processing p rogress payments, and maintaining various logs, including submittals, RFI’s, and correspondence. He is also proficient with various construction computer software. Relevent Project Experience City of San Bernardino, CA: Project Manager/Public Works Inspector, Under direction, conducts field inspections of public works projects including construction of streets, bridges, water systems, sewers, storm drain, subdivision and commercial street improvements, landsca pe maintenance, encroachment activities and grading; ensures conformance with City standard specifications and safety standards; and maintains records and prepares reports on projects inspected. Inspected work quality and materials used in a variety of public works projects during various stages of construction and/or reconstruction including construction of streets, bridges, water systems, sewers, subdivision and commercial street im provements, landscape maintenance, encroachment activities and grading; check line, grade, size, elevation and location of structures; ensure compl iance with applicable codes, ordinances and regulations. Monitored work of staff responsible for taking samples of materials for examination or analysis by laboratories; review tests of construction material including asphalt, sand, gravel, concrete and aggregate base; monitor draining, cleanin g and disinfecting distribution reservoirs. Monitored the work of soil engineers and geologists; ensure conformance with engineering specifications; perform routine materials and density field tests. Inspected traffic signal construction and installation and street light installation to ensure conformance to appropriate standards. Inspected underground utility construction including sewer and storm drainage, trenching, shoring, dewatering, bedding for pipe, manhole construction, trench backfill and testing; oversee decision making for connecting, testing, tapping, disinfecting and install ing water mains. Inspected street surface improvements including survey staking, subgrade preparation, soil stabilization, spreading and rolling of asphalt and resurfacing of curbs and gutters. Prepared detailed documentation of construction progress and inspection; prepare various reports on daily operations and activities. Performed cost control; recognize potential cost increases and provide alternatives, recommendations and solutions. Observed work during progress and upon completion; recommend progress payments and enter into pay books as necessary; confer with developers, contractors, superintendents, inspectors, and owners; ensure that safety procedures are followed; advise contractors of changes in plans and variances; col lect water samples for analysis as necessary. Monitored contractors, sub-contractors and developers through all phases of construction to insure compliance with all City standards and municipal code requirements; monitor incoming messages regarding dig alert and respond as appropriate when as signed. Conducted final inspections; review as built drawings; compile final inspection correction list and inspect corrections. Represent ed the City’s needs and requirements to developers, contractors, and engineers; review plans and specifications to gai n familiarity with construction projects. Conferred with EDUCATION » BSCE – Civil Engineering California State Polytechnic University, Pomona, 2017 LICENSES & REGISTRATION » OSHA 30 Hour Training ORGANIZATIONS » Engineers Without Borders (EWB) – International Project Lead Years with Firm: 6 Years of Experience: 6 PATRICK FRAIRE, B.S.C.E. Project Manager/Senior Inspector 11.d Packet Pg. 951 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement PATRICK FRAIRE property owners regarding project schedule, hazards and inconvenience; schedule service interruptions with the least interfer ence and least inconvenience to property owners. Coordinated work and interact with other City departments and outside agencies. As assigned, drain and recharge water mains. Responded to citizen inquiries/complaints regarding public works and development projects. Prepared daily reports and various inspection reports as required; maintain files and reports regarding inspection activities and findings. Assisted in developing specifications for future contracts; gather quantity information for contract bids. Veteran Sports Park at Tustin Legacy, Tustin, CA: Project Manager, This project is a $24M major capital improvement project for the City of Tustin. The project is a 31.5-acre sports community park bounded by Lansdowne Road, Valencia Avenue, and Severyns Road. Major improvements include: infrastructure improvement, installation of drainage devices, water lines, gas lines, communication lines, interior roadway construction, and ADA compliant facilities such as sidewalks, driveways, curb ramps, and recreational buildings. Mr. Fraire managed project budget, completed project accounting, coordinated with utility agencies, maintained project documents, prepared daily project reports, and reviewed the design, construction, change orders, and contract amendments. Mr. Fraire ensured that project was completed within budget and schedule, built per plan and specifications, and met City and community expectations. Mr. Fraire assisted in the daily inspection of the project activities and coordinated projected field activities with the contractor, community, and local agencies. Mr. Fraire acted as the liaison between the designer, contractor, and the City. City of San Bernardino Facility Assessments, San Bernardino, CA : Lead Project Manager/ Structures Inspector, Mr Fraire was the Lead Structures Inspector and Project Manager for the City of San Bernardino – Facilities Condition and Needs Assessment Services. Scope of work includes reviewing all the available structural drawings on all city structures, performing site visi ts to verify the existing conditions are consistent with the drawings, and performing an ASCE 41-13 Tier 1 structural seismic for the life safety performance level to identify potential deficiencies and utilizing standardized checklists for the rapid evaluation of the structural system for seismic deficiencies. Perform an ASCE 41 -13 Tier 2 structural evaluation for items found to be potentially deficient in the Tier I evaluation. Further investigate the deficiencies as noted in the Ti er 1 checklists. Develops a 3-D computer model of each structure to develop and evaluate the seismic response of the building and assist in evaluating the co mponents identified as potentially deficient in Tier 1 evaluation. Mr. Fraire performed structural inspection on over 176 buildings, developed 3-D models, created lists of deficiencies for each building based on ASCE41-13 checklists, provided retrofit options based on seismic analysis and calculations, and preformed cost estimates for proposed retrofits. Mr. Fraire presented findings to City directors and actively coordinated with project team and City to complete project on schedule and within budget. Gerald Desmond Bridge Replacement Project, Long Beach, CA : Quality Control Engineer, The replacement bridge will be a six-lane, cable- stayed design, with a 205-foot clearance to allow the newest generation of cargo ships to enter the Port. The bridge consists of over 50 cast -in-place columns and numerous retaining walls. The bridge will include emergency lanes on the inner and outer shoulders, as well as a bicycle/pedestrian path. The new bridge is being built alongside the current bridge to maintain traffic flow. The replacement bridge is scheduled to o pen in late 2018. Project valuation of $1.5B. Responsibilities: Direct liaison between field crews, subcontractors, engineers and management. Was the engineer responsible for managing production of field crews, concrete quality, and ensuring that construction was in accordance to the conformed plan set and project specifications. Provided quality control inspection for a total of 10,000 linear feet of Type 736 barrier. He provided quality control inspection for various Caltrans standard barriers and Caltrans standard retaining walls. Drafted grading plans and formwork drawings. Coordinated with Caltrans inspectors to obtain approval on rebar, formwork, falsework, and concrete. Performed quantity take-offs prior to concrete pours and adjusted order during pours based on actual production. Initiated design changes/RFIs/Submittals/Shop drawings/CCOs. Tracked weekly production and man hours for labor distribution report. Made field measurements, prepared quantity sheets for monthly pay estimates, reviewed and forwarded mate rial tests. County of Riverside: Magnolia Avenue Grade Separation, Riverside County, Corona, California : Roadway Construction Inspector, Magnolia Avenue Grade Separation is a $35M project located at Magnolia Ave in the Corona, CA. The project scope was to construct railroad grade separation at the (BNSF) Burlington Northern-Santa Fe Railroad and Magnolia Avenue at Grade crossing including a new four-lane overhead structure (bridge) over existing BNSF tracks supported by 9 bents and 2 abutments. Substructure comprises of 13’ diameter x 88’-~100’ deep CIDH piles (total 18 CIDH piles @ 2 piles per bent). Both bridge approaches are supported by Retaining Walls/MSE Walls systems on both ends, multiple walls systems for pedestrian and vehicular support. Construction of temporary MSE walls, shoring and casing support system to facilitate constr uction of CIDH piling, stage construction on both approaches and temporary bridge over Arlington channel to support temporary detour at the east end of the project. Mr. Fraire assisted the Resident Engineer in daily tasks in the field and office and inspected the roadway construction activitie s on the project. Mr. Fraire inspected the project site to ensure safety and compliance with SWPPP. He also provided inspection for sidewalks, curb and gu tter, striping, curb ramps, AC, HMA, JPCP, and PCC pavement. Mr. Fraire reviewed concrete and asphalt mix design submi ttals. Mr. Fraire inspected approved and inspected traffic control devices, following Caltrans standards and requirements. He performed field measurements to verify CCO’s and the contractors monthly pay estimate. County of Riverside: I-215/Van Buren Interchange Improvement: Construction Inspector, I-215/Van Buren Interchange Improvement is a $32M project that included the realignment of the Van Buren Boulevard, overcrossing bridge over 1-215 freeway, westbound left turn lane and an eastbound dedicated right turn lane over the freeway, replacing existing railroad overcrossing with pre -cast structure. Roadway improvements included a right- turn lane for eastbound to northbound entrance ramp, and two westbound receiving lanes to accommodate the southbound exit ramp, new hook-type ramp, auxiliary lanes added to the mainline and the southbound main lane on I-215 were widened to the west to accommodate the ultimate configuration of the freeway. Five retaining walls up to 30 feet high were constructed along Railr oad tracks/southbound on-ramp, southbound off ramp, north and south sides of Van Buren Blvd/west of the I-215 freeway, and east of northbound on-ramp to minimize impact the railroad and MARB right-of-way. Mr. Fraire provided inspection for roadway, traffic control, compliance with the SWPPP Plan, and ADA compliance. He assisted in contract change orders, RFIs, and submittals preparation, review, and analysis. Mr. Fraire assisted in measurement and filling out required ADA forms after project completion and forwarded documentation to Caltrans ADA compliance unit. He worked with Caltrans and the local agencies for final approval an d sign off. The ADA inspection included sidewalk, curb ramps, and curb cuts. He worked with the office engineer and Caltrans audit oversite resident engineer to ensure project documentation compliance with the Local Assistance Procedures Manuel and Caltrans filing system. 11.d Packet Pg. 952 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement BRITTANY DUHN, E.I.T. : Relevant Key Highlights: ▪ Construction Management ▪ Project Management ▪ Construction Inspection ▪ Constructability Reviews ▪ Value Engineering ▪ Submittal Reviews ▪ Contract Administration ▪ Progress Billing Review ▪ Change Order Review ▪ Request for Information Review ▪ Capital Improvement Projects ▪ Construction Survey ▪ Materials Testing ▪ Sewer Lift Stations, Pump Stations ▪ Structural Projects ▪ Structural Buildings ▪ Pipeline Projects ▪ Right-of-Way ▪ Street Improvements ▪ Roadway Improvements ▪ Drainage Improvements ▪ Parks, Buildings, Open space amenities, Sports Fields ▪ Bridges & Interchanges ▪ Retaining Walls & Sound Walls ▪ Landscaping ▪ Traffic Signals ▪ Water Quality Improvements ▪ Pump Stations ▪ Prevailing Wage Structures ▪ Regulatory Compliance ▪ OSHA Certified ▪ Caltrans & Public Works Experience ▪ Regulatory Compliance ▪ Agency Coordination ▪ Contract Administration ▪ Cost/Scheduling/Budgets ▪ Safety Compliance ▪ Quality Control/Quality Assurance ▪ Claims Support ▪ Training Ms. Duhn has extensive experience in construction management, project management, and field inspections. She has thorough knowledge of inspection from her work on bridge, rail, grade separation, and interchange projects. She has experience in office engineering procedures including communication, pay estimates, project filing and documentation per Caltrans Standards. She provides excellent quality control and quality assurance services on projects. Ms. Duhn has thorough field experience investigating construction defects issues and their causes, and field inspection and monitoring various project elements including falsework and shoring review, construction and removal, formwork, concrete pour s, coordination with various testing labs. She is well versed in Caltrans standard specifications, standard pl ans, and filing system. Ms. Duhn provided construction and project management services that included the 50/95% and 100% design review and support. A full constructability review was c ompleted and incorporated into the design prior to going out to bid. Ms. Duhn has completed RFPs, required permits and documentation, and assisted the City of Beaumont to ensure that their projects stayed on budget and within schedule. She has provided Project Management services for all stages of projects, from design to construction. Special inspection services for a total of 12 buildings that required seismic retrofitting at the WCWD Pollution Control Plant. This project utilizes the special State Revolving Funding (SRF) application. As an office engineer, Ms. Duhn was in charge of all office engineering procedures including communication, pay estimates, project filing and documentation per Caltrans Standards for this project w ith a value of $49.7M which involves reconstruction of the interchange, widening of interchange by constructing one additional bridge over UPRR tracks, constructing two new bridges over the I-10 and demolishing the existing bridges, adding a new loop onramps, constructing several retaining walls, widening Cherry Avenue and rearrange utility company facilities. Relevent Project Experience Wastewater Treatment Plant Expansion/Renovation & Brine Pipeline Installation Project – Beaumont CA Project Manager: Ms. Duhn provided Project Management Services for the City of Beaumont on the Wastewater Treatment Plant Expansion/Renovation & Brine Pipeline Installation Project ($110M), sewer lift stations, and other sewer/pipeline projects. Ms. Duhn prepared funding applications for CWSRF and IBank, managed Proposition 218 process, assisted in IS/MND adoption pr ocess, coordinated with utilities/cities for the Brine Line Project and other tasks to meet the City’s deadlines and requirements. For the Wastewater Pretreatment Program, Ms. Duhn oversaw and completed industrial users permits, permit applications, fact sheets, violations, compliance, sewer rates, agreements, and an y other tasks related to pretreatment as needed by the City. She assisted City staff in calculatin g and implementing new sewer rates adopted by City Council and work with City Manager and staff to ensure the public is well informed and has a smooth transition into the new rate structure. She com pleted and submitted all documentation requested by SAWPA/OCSD, coordinated meetings, and assisted the City in completing the permit application. Ms. Duhn coordinated with Dairy Farmers of America (DFA), Western Municipal Water District (WMWD), Santa Ana Watershed Project Authority (SAWPA), San Bernardino Valley Municipal Water District (Valley), and the City with any tasks related to purchasing capacity. She assisted the city in submitting all items required by the SARWQCB and coordinated any necessary meetings. Ms. Duhn tracked all charges to the Wastewater Treatment Plan project and documented all purchase orders/invoices. She prepared agreements, bids, RFPs, staff reports and any other related documentation for the three (3) contractors. Ms. Duhn assisted in completing permit applications and other requirements for the projects. She prepared WWTP, Brine Line, or wastewater staff reports for City Council meetings and assisted the City in any tasks necessary to ensure the Project stays on budget and meets any and all scheduled deadlines. EDUCATION » BSCE – Civil Engineering California State Polytechnic University, Pomona, 2017 LICENSES & REGISTRATION » Engineer-in-Training, E.I.T. State of California, #161101 Years with Firm: 6 Years of Experience: 6 BRITTANY DUHN, B.S.C.E, E.I.T. Project Manager 11.d Packet Pg. 953 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement BRITTANY DUHN, E.I.T. West Mission Bay Drive Bridge Project, San Diego, CA Construction Inspector: This project is located on West Mission Bay Drive between Interstate 8 and Sea World Drive, approximately 1.25 miles west of the Interstate 5/Interstate 8 (I-5/I-8) interchange within the City of San Diego. Project valuation of $140M. The project replaced the existing four - lane bridge with two separate three-lane structures, providing an improved transportation link across the San Diego River. The improvements include: two new parallel bridge structures with three travel lanes in each direction, a class 1 bike path on both bridges, roadway wi dening and improvements along Sports Arena Boulevard, West Mission Bay Drive and the westbound I-8 off-ramp, additional architectural features, and environmental mitigation. Responsibilities: Ms. Duhn provided project bid support and cost analysis to include volume calculations, quantity take-offs, and communicating with vendors to obtain pricing. Ms. Duhn utilized various construction software and program applications to assure accurate bid item costs. She extensively reviewed project plans and specifications. She performed site inspections to confirm project limits, stationing, access, and the need for temporary and final construction easements. She forwarded this information to the project director for further refinement and final cost analysis. SBCTA: Downtown San Bernardino Passenger Rail Project, San Bernardino County, San Bernardino, CA Construction Inspector: The Downtown San Bernardino Passenger Rail Project extended Metrolink service one-mile from the Santa Fe Depot to the multi-modal San Bernardino Transit Center. Project valuation of $65M. This project increases the usage at the Santa Fe Depot and pr ovides a link to additional transit options in San Bernardino, Redlands, and Loma Linda. The San Bernardino Transit Center brings together 22 bus bays to service 10 local and two freeway express Omnitrans bus routes, a San Bernardino Express (sbX) bus rapid transit line, and buses for the Victor Valley Transit Authority and Mountain Area Regional Transit Authority. The work included re-alignment and addition of a second track; additions and modifications of railroad communication and signal systems for centralized traffic control (CTC) and positive train control (PTC); new rail passenger platforms at the depot and new platforms at the transit center station; grade crossing closures and modifications; street and utility improvem ents; additions and modifications to parking lots landscape and irrigation, grading and security systems; construction of a pedestrian over-pass at the depot; and a Metrolink crew building at the transit center station. Responsibilities: Ms. Duhn provided Construction Management Services for the Downtown San Bernardino Passenger Rail Project. Ms. Duhn evaluated and processed CCOs, prepared cost estimates for CNs, managed design revision updates, reviewed submittals, and RFIs, attended weekly Contractor and Commissioning meetings, performed field investigations, and managed contract documentation system. Ms. Duhn provided inspection for the rail, pedestrian over-pass, Transit center, safety per OSHA standard regulations, utility relocations, and sidewalks. She prepared quantity calculations and made field measurements for the monthly pay estimate. She inspected ADA features of the project and ensured compliance of regulations. Ms. Duhn also ensured that project site was compliant with the approved SWPPP plan. Ms. Duhn prepared daily diaries, quantity sheets, and verified field measurements for monthly pay estimates. Ms. Duhn m aintained and documented field changes on the final as-built plans. She coordinated field-testing and sampling on the project. County of Riverside: Magnolia Avenue Grade Separation, Riverside County, Corona, California Construction Inspector: Magnolia Avenue Grade Separation is a $35M project located at Magnolia Ave in the Corona, CA. The project scope was to construct railroad grade separation at the (BNSF) Burlington Northern -Santa Fe Railroad and Magnolia Avenue at Grade crossing including a new four-lane overhead structure (bridge) over existing BNSF tracks supported by 9 bents and 2 abutments. Substructure comprises of 13 ’ diameter x 88’- ~100’ deep CIDH piles (total 18 CIDH piles @ 2 piles per bent). Both bridge approaches are supported b y Retaining Walls/MSE Walls systems on both ends, multiple walls systems for pedestrian and vehicular support. Construction of temporary MSE walls, shoring and casi ng support system to facilitate construction of CIDH piling, stage construction on both approaches and temporary bridge over Arlington channel to support temporary detour at the east end of the project. Responsibilities: Ms. Duhn inspected the site for OSHA safety and SWPPP compliance. She inspected roadway, drainage, utility, water lines, curb ramps, sidewalks, and sewer improvements/relocations. Ms. Duhn was responsible for reporting daily construction activities. She reviewed concrete and asphalt mix design submittals and responded to RFI’s as requested by the Resident Engin eer. Ms. Duhn approved and inspected traffic control devices, following Caltrans standards and requirements. Ms. Duhn performed field measurement s to verify CCO’s and the contractors monthly pay estimate. She provided inspection for sidewalks, curb and gutter, striping, AC, HMA, JPCP, and PCC pavement. Ms. Duhn inspected curb ramps to ensure that they were compliant with ADA requirements. County of Riverside: I-215/Van Buren Interchange Improvement Construction Inspector: I-215/Van Buren Interchange Improvement is a $32M project included the realignment of the Van Buren Boulevard, overcrossing bridge over 1-215 freeway, westbound left turn lane and an eastbound dedicated right turn lane over the freeway, replacing existing railroad overcrossing with pre-cast structure. Roadway improvements included a right-turn lane for eastbound to northbound entrance ramp, and two westbound receiving lanes to accommodate the southbound exit ramp, new hook-type ramp, auxiliary lanes added to the mainline and the southbound main lane on I-215 were widened to the west to accommodate the ultimate configuration of the freeway. Five retaining walls up to 30 feet hig h were constructed along Railroad tracks/southbound on-ramp, southbound off ramp, north and south sides of Van Buren Blvd/west of the I-215 freeway, and east of northbound on-ramp to minimize impact the railroad and MARB right-of-way. Responsibilities: Ms. Duhn was responsible for field inspection, safety inspection, and reporting of daily construction activities. She inspected traffic control devices prior to lane closures, assisted in contract change orders, RFIs, and submittals preparation, review, and analysis. She reviewed and inspected the SWPPP plan and its compliance with the approved plans. Ms. Duhn assisted in measuring and filling out required ADA forms after project completion. She was also responsible f or forwarding the documentation to Caltrans ADA compliance unit. She coordinated with Caltrans and the local agencies for fi nal approval and sign off. ADA features included sidewalk, curb ramps, and curb cuts. Ms. Duhn conducted labor compliance interviews, reviewed certified payroll, and coordinated with the office engineer for proper filing and documentation of the project. She worked with the office engineer and Caltrans audit oversite resident engineer to ensure project documentation compliance with the Local Assistance Procedures Manuel and Caltrans filing system. 11.d Packet Pg. 954 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Proposal.Attachment 2 (6232 : Professional Services Agreement 11.d Packet Pg. 955 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Z&K Consultants | 473 E. Carnegie Drive, San Bernardino, CA 92408| 949.637.5040 Z&K CONSULTANTS, INC COST PROPOSAL Proposed Fee Structure for the City of San Bernardino Public Works/Engineering Division Staff Augmentation Services A – Hourly Rates: - Nadeem Syed – Senior Project Manager ................................................................................... $120 - Brittany Duhn – Project Manager .............................................................................................. $120 - Patrick Fraire – Project Manager/Senior Inspector ................................................................... $120 - Construction Manager ............................................................................................................... $120 - Senior Construction Inspector .................................................................................................... $115 - Construction Inspector ............................................................................................................... $110 - Document Control/Office Engineer ........................................................................................... $115 - Technical Support – Structural Engineer .................................................................................... $135 - SWPPP/Environmental Specialist ............................................................................................... $115 - Senior Traffic/Signal Engineer .................................................................................................... $125 - Senior Land Surveyor.................................................................................................................. $120 - Landscape Architect ................................................................................................................... $130 - Public Relation/Outreach ........................................................................................................... $115 Z&K Consultants based our cost proposal on the scope of work provided in the Request for Qualifications. All prevailing wage requirements will be followed by the team. All team members are in conformance with the State of California Labor compliance requirements. Rates included in our Cost Proposal are fully billable rates. All overhead costs are included. If you have any questions regarding this fee schedule, please contact: Crystal Faqih by phone at 951.310.7470 or by email at cfaqih@zandkconsultants.com. ALL INSURANCE WILL BE IN FORCE AT TIME OF CONTRACT EXECUTION 11.e Packet Pg. 956 Attachment: PW.Z&K Contract Award Staff Augmentation for Project Manager.Cost Proposal.Attachment 3 (6232 : Professional Services 12.a Packet Pg. 957 Attachment: PD.SanManuelRestrictedGrant1stAmendment-StaffRpt (6233 : Authorize the First Amendment to the San Manuel Community Grant 8/2/2019 8:54 AM for potential evidence unless they know the exact time and date an incident occurred in front of a camera. The ALPR stores potential crime data that is easily retrievable and shares this data with other law enforcement agencies through a network across the Vigilant system. The main function of the ALPR system is to identify the status of vehicles parked, idling or traveling on roadways through license plate images captured on video in the City. These images, along with the associated data strings (i.e., time, date, and license plate number), are then encrypted and sent to a central processing computer that determines the ownership and standing of the vehicles. As vehicle license plates are captured by the camera, they are processed through a database and will identify and alert the department via email, smartphone, and system notification when a stolen, felony, or Amber Alert vehicle enters the location. In 2017, the eight ALPR systems installed in the City reported 8,625 hits related to stolen license plates, stolen vehicles, felony vehicles, or investigative inquiries. 2018-19 Goals and Objectives Amending the San Manuel Community Grant Fund Restricted Grant Agreement aligns with Goal No. 5: Improve City Government Operations by evaluating operations and performance through investment in resources, technology and tools that are needed to continually improve organizational efficiency and effectiveness. Fiscal Impact There will be no financial impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2019-259 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to the San Manuel Community Grant Fund Restricted Grant Agreement; and 2. Authorize the Police Department to use funding for fourteen Automated License Plate Recognition traffic cameras. Attachments Attachment 1 Resolution; Exhibit A (First Amendment to San Manuel Community Credit Fund Restricted Grant Agreement) Ward: Synopsis of Previous Council Actions: On October 1, 2017, the Mayor and City Council adopted Resolution No 2017-214 authorizing the City Manager to accept the San Manuel Community Credit Fund Restricted Grant. 12.a Packet Pg. 958 Attachment: PD.SanManuelRestrictedGrant1stAmendment-StaffRpt (6233 : Authorize the First Amendment to the San Manuel Community Grant Resolution No. 2019-259 RESOLUTION NO. 2019-259 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE SAN MANUEL COMMUNITY GRANT FUND RESTRICTED GRANT AGREEMENT WHEREAS, On October 1, 2017, the Mayor and City Council adopted Resolution No. 2017-214, authorizing the City Manager to accept the San Manuel Community Credit Fund Restricted Grant in the amount of $4,200,000 through 2020 and to amend the adopted fiscal year 2017/18 budget by $1,800,000; and WHEREAS, the parties now wish to amend the grant agreement to amend the number and type of cameras the City may install. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized and directed to execute the First Amendment to the San Manuel Community Credit Fund Restricted Grant, hereto as Exhibit “A.” 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. 12.b Packet Pg. 959 Attachment: PD.SanManuelRestrictedGrant1stAmendment-Reso (6233 : Authorize the First Amendment to the San Manuel Community Grant Resolution No. 2019-259 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 12.b Packet Pg. 960 Attachment: PD.SanManuelRestrictedGrant1stAmendment-Reso (6233 : Authorize the First Amendment to the San Manuel Community Grant Resolution No. 2019-259 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 12.b Packet Pg. 961 Attachment: PD.SanManuelRestrictedGrant1stAmendment-Reso (6233 : Authorize the First Amendment to the San Manuel Community Grant FIRST AMENDMENT TO SAN MANUEL COMMUNITY GRANT FUND RESTRICTED GRANT AGREEMENT THIS FIRST AMENDMENT to the San Manuel Community Credit Fund Restricted Grant Agreement (the “First Amendment”) effective as of August 7, 2019 is entered into by and between San Manuel Band of Mission Indians, a federally recognized Indian tribe (“Tribe”) and the City of San Bernardino, a California charter city and municipal corporation (“Grantee”). RECITALS A. Tribe and Grantee entered into a Restricted Grant Agreement dated October 1, 2017 (the “Agreement”) to support the efforts of Grantee’s Police Department; and B. Tribe and Grantee now desire to amend the Agreement to allow the purchase of traffic cameras instead of crime cameras as Grantee believes traffic cameras would be more advantageous for community policing. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Agreement is amended as follows: 1. Section III (D)(1)(g) is deleted in its entirety. 2. Section III (D)(1)(h) is amended in its entirety to read in its entirety as follows: “Purchase of Equipment: Traffic Cameras: Grantee shall use the Grant to purchase and install fourteen (14) automated license plate recognition traffic cameras to serve the Defined Area. The purchase and installation of the cameras shall be completed by December 31, 2019. The installation locations and use shall be determined by the SBPD following consultation with the Tribe.” 3. Except to the extent herein amended, the Agreement shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this First Amendment, effective as of the date first written above. TRIBE: SAN MANUEL BAND OF MISSION INDIANS, a federally recognized Indian tribe By:__________________________________ Laurens Vosloo Chief Financial Officer GRANTEE: CITY OF SAN BERNARDINO, a California municipal corporation By:__________________________________ Teri Ledoux City Manager 12.c Packet Pg. 962 Attachment: PD.SanManuelRestrictedGrant1stAmendment-Agreement (6233 : Authorize the First Amendment to the San Manuel Community 13.a Packet Pg. 963 Attachment: HR.LCW Amendment - Report (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal 8/1/2019 3:11 PM Amendment remain the same as the rates under the Agreement, as amended by the First Amendment. It should also be noted that the amount was reduced by $75,000 for FY 19/20 from FY 18/19 to allow Human Resources to utilize the services of the City Attorney’s office more frequently. The Human Resources Department budgets for legal services in anticipation of planned projects, known training requirements, administrative investigations, and other potential issues related to employment that may arise during the fiscal year. The proposed Agreement will set hourly rates and reimbursable expenses for LCW services. Billable rates are reviewed on an annual basis and the contract may be terminated by either party with 30 days of written notice. 2018-19 Goals and Objectives The proposed agreement between the City of San Bernardino and Liebert Cassidy Whitmore to provide legal services pertaining to employment relations and personnel matters aligns with Goal No. 5: Improve City Government Operations. Fiscal Impact Funding in the amount of $75,000 was included in the FY 2019/20 Adopted Budget in account number 001-110-0001-5502. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution No. 2019-252, authorizing the City Manager to execute Amendment No. 2 to the agreement between the City of San Bernardino and Liebert Cassidy Whitmore to provide legal services pertaining to employment relations and personnel disciplinary matters for a total amount not to exceed $75,000 for Fiscal Year 2019/20. Attachments Attachment 1 Resolution Attachment 2 Amendment (A1) Attachment 3 2018 Agreement (A2) Ward: Synopsis of Previous Council Actions: On December 1, 2017 the Mayor and City Council adopted Resolution No. 2017-252, approving an agreement for services with Liebert, Cassidy and Whitmore. On July 18, 2018 the Mayor and City Council adopted Resolution No. 2018-210, authorizing the City Manager to execute the First Amendment to the agreement between the City of San Bernardino and Liebert Cassidy Whitmore to provide legal services pertaining to employment relations and personnel disciplinary matters and increasing the purchase order by $150,000 for a total amount not to exceed $225,000. 13.a Packet Pg. 964 Attachment: HR.LCW Amendment - Report (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal Resolution No. 2019-252 RESOLUTION NO. 2019-252 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE TO PROVIDE LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS AND PERSONNEL DISCIPLINARY MATTERS FOR A TOTAL AMOUNT NOT TO EXCEED $75,000 FOR FISCAL YEAR 2019/20 WHEREAS, the Mayor and City Council previously authorized the execution of a services Agreement between the City of San Bernardino and Liebert Cassidy Whitmore by Resolution No. 2018-210; and WHEREAS, the term of the current Agreement expired on June 30, 2019. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute Amendment No. 2 to the Agreement for Special Services between Liebert Cassidy Whitmore and the City of San Bernardino, a copy of which is attached hereto marked Attachment "A-1” and incorporated herein. SECTION 2. The Director of Finance or designee is hereby authorized to issue a Purchase Order to Liebert Cassidy Whitmore for Special Services, for a total annual amount not to exceed $75,000 for FY 19/20. 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. 13.b Packet Pg. 965 Attachment: HR.LCW Amendment - Resolution (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal Resolution No. 2019-252 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 13.b Packet Pg. 966 Attachment: HR.LCW Amendment - Resolution (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal Resolution No. 2019-252 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 13.b Packet Pg. 967 Attachment: HR.LCW Amendment - Resolution (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide Legal 1 AMENDMENT NUMBER TWO TO THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES THIS AMENDMENT NUMBER TWO is made and entered into as of ____________, 2019 by and between the CITY OF SAN BERNARDINO, a charter city (“CITY”) and LIEBERT CASSIDY WHITMORE, a Professional Corporation (“Attorney”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On December 20, 2017, the City and Attorney entered into that certain agreement entitled “Special Services Agreement” (“Agreement”). b. On July 18, 2018, the parties amended the Agreement. c. The parties desire to extend the term and increase the amount of the Agreement. 2. Section 3 Fees, Costs, Expenses is hereby amended to increase the total amount to an amount not to exceed $300,000. The fees are hereby amended to read: “The current range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 - $370.00), One Hundred Ninety-Five Dollars to Two Hundred Thirty Dollars ($195.00 - $230.00) for time of Labor Relations/HR Consultants and from Eighty to One Hundred Seventy Dollars ($80.00 - $170.00) for time of paraprofessional and litigation support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1.” 3. Section 10 Term of the Agreement is hereby amended to extend the Agreement for one year, through June 30, 2020 with an option of one (1), one (1) year extension. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. /// /// 13.c Packet Pg. 968 Attachment: HR.LCW Amendment - Attachment A-1 (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide 2 AMENDMENT NUMBER TWO TO THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES IN WITNESS THEREOF, the parties hereto have caused this Amendment Number Two (2) to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, LIEBERT CASSIDY WHITMORE A Municipal Corporation a Professional Corporation ___________________________ By:_________________________ Teri Ledoux, City Manager Date:______________________ Date:______________________ APPROVED AS TO FORM: Gary D. Saenz, City Attorney By:___________________________ 13.c Packet Pg. 969 Attachment: HR.LCW Amendment - Attachment A-1 (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide 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 NO. 2018-210 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE TO PROVIDE LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS AND PERSONNEL DISCIPLINARY MATTERS AND INCREASING THE PURCHASE ORDER BY $150,000 FOR A TOTAL AMOUNT NOT TO EXCEED 225,000 WHEREAS, the Mayor and City Council previously authorized the execution of a services Agreement between the City of San Bernardino and Liebert Cassidy Whitmore by Resolution No. 2017-252; and WHEREAS, the term of the current Agreement will expire on June 30, 2018. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and directed to execute the First Amendment to the agreement for special services between law firm Liebert Cassidy Whitmore and the City of San Bernardino, a copy of which is attached hereto marked Exhibit "A" and incorporated herein. SECTION 2. The Director of Finance or designee is hereby authorized to issue an amended Purchase Order to Liebert Cassidy Whitmore for Special Services for a total annual amount not to exceed $225,000. SECTION 3. The authorization granted hereunder -shall expire and be void and of no further effect if the Agreement is not executed by both parties and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. 1 Attachment A-2 13.d Packet Pg. 970 Attachment: HR.LCW Amendment - Attachment A-2 (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide 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, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE TO PROVIDE LEGAL SERVICES PERTAINING TO EMPLOYMENT RELATIONS AND PERSONNEL DISCIPLINARY MATTERS AND INCREASING THE PURCHASE ORDER BY $150,000 FOR A TOTAL AMOUNT NOT TO EXCEED 225,000 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 18a' day of July 2018, by the following vote, to wit: Couneil Members: AYES NAYS MARQUEZ VALDIVIA SHORETT NICKEL RICHARD X MULVIHILL ABSTAIN ABSENT Georgeann arena, CML, City Clerk The foregoing Resolution is hereby approved this 18` x' day of July 2018. J cc o R. Carey Davrsayor City of San Bdino Approved as to form: Gary D. Saenz, City Attorney B7 2 13.d Packet Pg. 971 Attachment: HR.LCW Amendment - Attachment A-2 (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide EXHIBIT A FIRST AMENDMENT TO THE AGREEMENT FOR SPECIAL SERVICES BETWEEN THE CITY OF SAN BERNARDINO AND LIEBERT CASSIDY WHITMORE FOR LEGAL SERVICES THIS FIRST AMENDMENT is made and entered into as of July 18, 2018 by and between the CITY OF SAN BERNARDINO, a charter city ("CITY") and LIEBERT CASSIDY WHITMORE, a Professional Corporation ("Attorney"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with respect to the following facts and purposes: a. On December 20, 2017, the City and Attorney entered into that certain agreement entitled "Special Services Agreement" Agreement"). b. The City desires to extend the term and increase the amount of the Agreement. 2. Section 3 Fees, Costs, Expenses is hereby amended to increase the total amount to an amount not to exceed $150,000. The fees are hereby amended to read: "The current range of hourly rates for Attorney time is from Two Hundred Ten to Three Hundred Seventy Dollars ($210.00 - 370.00), One Hundred Ninety -Five Dollars to Two Hundred Thirty Dollars 195.00 - $230.00) for time of Labor Relations/HR Consultants and from Eighty to One Hundred Seventy Dollars ($80.00 - $170.00) for time of paraprofessional and litigation support staff. Attorney reviews its hourly rates on an annual basis and, if appropriate, adjusts them effective July 1." 3. Section 10 Term of the Agreement is hereby amended to extend the Agreement for one year, through June 30, 2019. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 13.d Packet Pg. 972 Attachment: HR.LCW Amendment - Attachment A-2 (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide IN WITNESS THEREOF, the parties hereto have caused this Amendment Number One to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation Andrea M. Miller, City Manager Date: APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: L ATTEST: Georgeann Hanna, CMC, City Clerk LIEBERT CASSIDY WHITMORE a Professional Corporation By: Date: 13.d Packet Pg. 973 Attachment: HR.LCW Amendment - Attachment A-2 (6234 : Second Amendment to the Agreement with Liebert Cassidy Whitmore to Provide 14.a Packet Pg. 974 Attachment: HR.Health Benefit Plan 2020. - Report (6235 : Health Benefits Plan Year 2020) 7/31/2019 8:50 AM City Contributions for the below employee groups for plan year 2020 are determined by the provisions in their respective Memorandum of Understanding (MOUs). Bargaining Unit Employee Only Employee + One Employee + Family Management/Confidential $1,125.00 $1,250.00 $1,250.00 Middle Management $680.00 $955.00 $955.00 General $715.00 $880.00 $880.00 Police Safety $592.29 $1,010.74 $1,210.50 Police Management $1,008.00 $1,101.07 $1,317.76 2018-19 Goals and Objectives Approving the proposed employer paid health benefits contributions aligns with Goal No. 5: Improve City Government Operations. Fiscal Impact There is sufficient funding in the FY 2019/20 Adopted Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-253, approving employer paid health benefit contributions for benefit plan year 2020 and election of Mayor and City Council to receive the same benefit plan as the Management/Confidential bargaining unit. Attachments Attachment 1 Resolution Ward: Synopsis of Previous Council Actions: 14.a Packet Pg. 975 Attachment: HR.Health Benefit Plan 2020. - Report (6235 : Health Benefits Plan Year 2020) Resolution No. 2019-253 RESOLUTION NO. 2019-253 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING EMPLOYER PAID HEALTH BENEFIT CONTRIBUTIONS FOR BENEFIT PLAN YEAR 2020 AND ELECTION OF MAYOR AND CITY COUNCIL TO RECEIVE THE SAME BENEFIT PLAN AS THE MANAGEMENT/CONFIDENTIAL BARGAINING UNIT WHEREAS, adoption of the Employer Paid Health Benefit contribution schedule for Plan Year 2020 is necessary to implement the budget allocations for the City’s health benefit contributions provided in the FY 2019-20 Adopted Budget; and, WHEREAS, on July 9, 2019, the City’s Human Resources staff and the City’s Health Benefit Broker Alliant, met with the Health Benefits Committee representing all bargaining groups: [San Bernardino Confidential/Management Association (SBCMA), Middle Management Employees’ Association, Teamsters Local 1932 (MMA), General Unit, International Union of Operating Engineers Local 12 (IUOE), San Bernardino Police Management Association (SBPMA), San Bernardino Police Officers’ Association (SBPOA)] and provided proposals, financial and other information regarding the health plans and optional benefits; and, WHEREAS, the City and SBCMA, MMA, IUOE, SBPOA, and SBPMA representatives have reached an agreement with the City on Employer contributions towards the purchase of City-sponsored health care premiums. 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 following benefit changes for all bargaining groups are adopted for implementation effective January 1, 2020: 1. Health Benefit Contributions: Employer contributions for insurance benefits available for purchase by employees include medical, dental, vision, life and accidental death and dismemberment, as made available through the City. The amount of the Employer 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 contributions not utilized by an employee shall revert to the City unless otherwise provided for in an agreement with a bargaining unit. All health benefit contributions as set forth below are compliant with the Affordable Care Act (ACA). 14.b Packet Pg. 976 Attachment: HR.Health Benefit Plan 2020 - Resolution (6235 : Health Benefits Plan Year 2020) Resolution No. 2019-253 Bargaining Unit Employee Only Employee + One Employee + Family Management/Confidential $1,125.00 $1,250.00 $1,250.00 Middle Management $680.00 $955.00 $955.00 General $715.00 $880.00 $880.00 Police Safety $592.29 $1,010.74 $1,210.50 Police Management $1,008.00 $1,101.07 $1,317.76 2. For Plan Year 2020 and forward, the City will continue to meet with the Health Benefits Committee to review health plan options and may adjust the Employer contributions toward medical, dental, vision, and other health benefits. Plan designs and contributions shall be effective January 1st annually. The City shall reserve all rights to modify medical plans and the amount of contributions paid by the City. 3. Health Insurance Waiver Stipend: Effective with health benefit plan year 2020, the City of San Bernardino agrees to provide full-time eligible employees who waive health benefits an annual “Health Insurance Waiver Stipend” on the first regular pay day in December. Such payment is not considered compensation for purposes of CalPERS and is subject to state and federal taxes. Employees electing to receive a “Health Insurance Waiver Stipend” must meet certain requirements, including without limitation, must be a regular full-time and paid status for a minimum of 21 hours per week; must provide satisfactory written proof of comparable medical insurance coverage; and, must waive all medical, dental, vision, supplemental life, and supplemental AD&D benefits. The Health Insurance Waiver Stipend Policy and Waiver Form are available from the City’s Human Resources Department. Bargaining Unit Stipend Amount Management/Confidential $3,000.00 Middle Management $3,000.00 General $3,000.00 Police Safety $2,500.00 Police Management $2,500.00 4. Health Benefit Contributions for the Mayor and City Council: In addition to retirement benefits under CalPERS, the Mayor and City Council Members are eligible to receive the same health benefits that are provided to City employees and the City’s contributions to such benefits shall be the same as is available to SBCMA members. In the event that the Mayor and/or City Council members elect to receive the health insurance stipend as 14.b Packet Pg. 977 Attachment: HR.Health Benefit Plan 2020 - Resolution (6235 : Health Benefits Plan Year 2020) Resolution No. 2019-253 described in paragraph 3 herein, the stipend must be contributed to the City’s established deferred compensation plan. 5. Retirement Medical Benefits: The City and the Official Committee of Retired Employees of the City of San Bernardino created as a result of the City’s filing of Chapter 9 Bankruptcy have entered into a Settlement Agreement, dated as of May 19, 2015 (a copy of which can be found on the docket for the City’s Chapter 9 Bankruptcy case) setting forth the City’s obligations for contributions to the retirees electing to participate in the City’s health plan options for Plan Year 2019. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 14.b Packet Pg. 978 Attachment: HR.Health Benefit Plan 2020 - Resolution (6235 : Health Benefits Plan Year 2020) Resolution No. 2019-253 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-___, adopted at a regular meeting held on the ___ day of _______ 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. Georgeann Hanna, MMC, City Clerk 14.b Packet Pg. 979 Attachment: HR.Health Benefit Plan 2020 - Resolution (6235 : Health Benefits Plan Year 2020) 15.a Packet Pg. 980 Attachment: HR.Public Affairs Spec - Report (6236 : Public Affairs Specialist in the City Manager’s Office) 8/1/2019 11:09 AM FROM TO Community Engagement Specialist Public Affairs Specialist Bargaining Unit General General Salary Range 1420 1449 Bottom Top Bottom Top Annual Salary $43,272.00 $52,596.00 $50,004.00 $60,780.00 Annual Benefits $12,987.00 $14,132.00 $13,815.00 $15,138.00 Total Salary/Benefits $56,259.00 $66,728.00 $63,819.00 $75,918.00 2018-19 Goals and Objectives The approval and establishment of the classification and job description of Public Affairs Specialist and reclassifying of one (1) Community Engagement Specialist in the City Manager’s Office aligns with Goal No. 5 Improve City Government Operations. Fiscal Impact The financial impact to the City is an additional $9,000. The funding required to support the proposed reclassification was anticipated and included in the FY 2019/20 Adopted Budget in account numbers 001-100-0013-5011, 001-100-0013-5026 & 001-100-0013- 5029. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-254, approving and establishing the classification and job description of Public Affairs Specialist and reclassifying one (1) Community Engagement Specialist in the City Manager’s Office. Attachments Attachment 1 Resolution; Exhibit A Ward: Synopsis of Previous Council Actions: Adoption of budget 15.a Packet Pg. 981 Attachment: HR.Public Affairs Spec - Report (6236 : Public Affairs Specialist in the City Manager’s Office) Resolution No. 2019-254 RESOLUTION NO. 2019-254 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AND ESTABLISING THE CLASSIFICATION AND JOB DESCRIPTION OF PUBLIC AFFAIRS SPECIALIST AND RECLASSIFYING ONE COMMUNITY ENGAGEMENT SPECIALIST IN THE CITY MANAGER’S OFFICE WHEREAS, effective July 1, 2019 per the adopted Fiscal year 2019/20 Adopted Budget, the classification of Community Engagement Specialist was transferred from the Police Department to the City Manager’s office; and WHEREAS, there is a need to reclassify the Community Engagement Specialist in the Office of the City Manager to a Public Affairs Specialist to serve as the City’s public information contact with a broader scope of responsibilities; and WHEREAS, sufficient funding was included in the FY2019/20 Adopted Budget to support the reclassification of the Community Engagement Specialist to a Public Affairs Specialist; and WHEREAS, the proposed job classification and reclassification has been provided and approved with no opposition by the represented employee group, International Union of Operating Engineers (IUOE) Local 12. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The classification of the Public Affairs Specialist, Range 1449, $4,167.00- $5,065.00 per month, is hereby established and the job description for said position, attached hereto and incorporated hereto as Exhibit “A”, is hereby approved; and SECTION 3. The reclassification of one (1) Community Engagement Specialist Range 1420, $3,606.00- $4,383.00 per month, to Public Affairs Specialist, Range 1449, $4,167.00- $5,065.00 per month, is hereby approved; and SECTION 4. The Director of Human Resources is authorized to update the City of San Bernardino Salary Schedule for full-time non-safety classifications adopted by Resolution No. 2019-167 to reflect these actions; and SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 15.b Packet Pg. 982 Attachment: HR.Public Affairs Spec - Resolution (6236 : Public Affairs Specialist in the City Manager’s Office) Resolution No. 2019-254 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. SECTION6. 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. SECTION7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 15.b Packet Pg. 983 Attachment: HR.Public Affairs Spec - Resolution (6236 : Public Affairs Specialist in the City Manager’s Office) Resolution No. 2019-254 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-___, adopted at a regular meeting held on the ___ day of _______ 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. Georgeann Hanna, MMC, City Clerk 15.b Packet Pg. 984 Attachment: HR.Public Affairs Spec - Resolution (6236 : Public Affairs Specialist in the City Manager’s Office) PROPOSED Public Affairs Specialist Page 1 Class Code: M/CC Date Updated: City of San Bernardino Signature: Director, Human Resources Bargaining Unit: General Class Specification PUBLIC AFFAIRS SPECIALIST JOB SUMMARY Under direction, performs administrative, technical, and professional duties pertaining to public affairs and communications as required; develops and presents news and press releases, announcements, coordinates and monitors information on the City’s sites, responds to a variety of public information related inquiries and performs related duties as assigned. DISTINGUISHING CHARACTERISTICS The Public Affairs Specialist manages the public information and community relations programs, coordinating and implementing public affair tactics including media relations, social media, and community education on behalf of the City. Assignments are broad in scope and require interaction with the public and the media on a variety of complex and sensitive subjects. ESSENTIAL DUTIES AND RESPONSIBILITIES The duties listed below are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class. 1. Plans and implements public affairs programs that encompass an integrated communications approach, which can include media relations, social media, advertising, and direct communication. 2. Serve as the City’s public information contact as needed in emergency situations. 3. Researches, prepares and disseminates a wide variety of public information regarding City business including news releases, press conferences, public service announcements, newsletters, articles, special presentation and related materials. 4. Updates and maintains the City’s community calendar with timely, accurate and detailed information; works with Departments to ensure all City related events are relayed to the public. 5. Represents the City at special events and interacts with the general public, community organizations, businesses, and other public and private agencies. 6. Produces literature, promotional materials, technical publications, and presentations. 7. May oversee the City’s internet, intranet, and social media content. Measures and monitors trends in social media tools, applications and appropriately applies knowledge appropriately. 8. Develop and maintain archives of press articles related to City news and track media responses. 9. As directed, assists the City Manager’s office in preparing informational material for presentation and distribution, including written reports and speeches. 10. Assists with receiving City visitors and telephone calls; provides information and addresses concerns that may require sensitivity and use of sound independent 15.c Packet Pg. 985 Attachment: HR.Public Affaird Spec - EXHIBIT A- JOB DESCRIPTION (6236 : Public Affairs Specialist in the City Manager’s Office) PROPOSED Public Affairs Specialist Page 2 judgement; assists with responding to requests for information and complaints referring matters to appropriate City staff. 11. Required to maintain a flexible work schedule in order to provide staff support after normal business hours and weekends, as directed. GENERAL QUALIFICATIONS Knowledge of: 1. Methods and techniques of journalistic writing and reporting. 2. Principles and practices of public information and governmental operations. 3. Digital communications platforms, news media sources and resources. 4. Media relations and broadcasting techniques, and applicable laws, statutes, codes and ordinances. 5. Communicate clearly and concisely, both orally and in writing. 6. Research methods and analysis techniques. 7. Principles and practices of sound business communication. 8. Record keeping practices and procedures applicable to areas of assigned responsibility. Ability to: 1. Plan, organize, design and conduct research projects. 2. Read, understand and interpret data, patterns and trends. 3. Operate a variety of office equipment including computers and applicable software applications. 4. Analyze highly detailed data and information and draw valid, logical conclusions. 5. Exercise independent judgment and work with a minimum of supervision. 6. Prepare clear, concise and comprehensive narrative and statistical reports, charts and presentations. 7. Communicate clearly and concisely, both orally and in writing. 8. Maintain the confidentiality of privileged information. 9. Establish and maintain effective working relationships with City and department managers, other governmental agencies and others encountered in the course of work. MINIMUM QUALIFICATIONS Education, Training and Experience: A typical way of obtaining the knowledge, skills and abilities outlined above is graduation from a four-year college or university with major coursework in journalism, public administration, communications, public relations/marketing, or closely related field; and four (4) years of increasingly responsible marketing or public relations experience; or an equivalent combination of training and experience. Accreditation shall be by a national or regional accreditation body that is recognized by the Secretary of the United States Department of Education. Licenses; Certificates; Special Requirements: A valid California driver's license and the ability to maintain insurability under the City's insurance policy. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. 15.c Packet Pg. 986 Attachment: HR.Public Affaird Spec - EXHIBIT A- JOB DESCRIPTION (6236 : Public Affairs Specialist in the City Manager’s Office) PROPOSED Public Affairs Specialist Page 3 While performing the duties of this job, employees are regularly required to hands to finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee frequently is required to walk, sit, climb or balance, stoop, kneel, crouch or crawl. The employee may occasionally lift and/or move up to 20 pounds. Specific vision abilities required for this job include close vision, distance vision, color vision, peripheral vision, depth perception and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this class. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Employees work under typical office conditions, and the noise level is usually quiet. Work may require attending meetings and events on behalf of City outside of regular work hours, in the evenings and on weekends. 15.c Packet Pg. 987 Attachment: HR.Public Affaird Spec - EXHIBIT A- JOB DESCRIPTION (6236 : Public Affairs Specialist in the City Manager’s Office) 16.a Packet Pg. 988 Attachment: CED.Arrowhead Grove Funding Commitment.Report (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to 8/1/2019 11:08 AM both Valencia Vista and Olive Meadow were fully occupied, since existing residents of the Waterman Gardens public housing project were relocated to the developments. On January 3, 2018, the Mayor and City Council adopted Resolution No. 2018-6 approving a conditional funding commitment for Arrowhead Grove for Phases 2 and 3. The funding was conditioned on the developer, National CORE Renaissance, successfully obtaining all funding sources for the project, including Affordable Housing and Sustainable Communities funding, tax credits and construction funding. Discussion National CORE Renaissance has successfully obtained the financing necessary to build the Phase 2 of the Arrowhead Grove development. Commitment of funds will assist Waterman Gardens Partners 2, L.P., in collaboration with the Housing Authority of the County of San Bernardino (HACSB), in developing the second on-site of Arrowhead Grove. The financing of the proposed phases will leverage funding sources that include conventional permanent financing, tax credits, Dignity Health Foundation loan, the State of California Cap and Trade program’s Affordable Housing and Sustainable Communities, and HACSB funding. The Phase 2 development will infuse approximately a $79 million investment into San Bernardino. In addition to the NSP1 and CDBG funds conditionally committed in Resolution No. 2018-6, the City has $830,000 in HOME funds from years prior to 2015 that must be expended before September 30, 2019. If the funds are not expended by the September deadline, the Department of Housing and Urban Development (HUD) will deobligate (recapture) $830,000 in HOME funds. Beginning in 2015 and through June 2018, the City‘s HOME funds were managed by the County of San Bernardino under a HOME Consortium Agreement. Unfortunately, some of the HOME funds allocated to the City prior to the County Consortium Agreement were not designated to program, as the City did not have active HOME programs during those years that could utilize the funds. It is recommended that instead of losing the funds, that they be committed to Arrowhead Grove for the development of affordable units. The proposed use of the $830,000 in HOME funds in Fiscal Year 2019-20 is an addition of funds to the City's Draft Fiscal Year 2019-2020 Action Plan, which the Council approved on May 15, 2019. As such, adding funds requires that the Action Plan be amended. A report recommending adoption of a substantial amendment to the Fiscal Year 2919-2020 Action Plan is also on the agenda for consideration by City Council. The proposed Phase 2 development will consist of 147 affordable rental units, 35 market rate units and 2 manager units, for 184 units. The market rate units will be integrated on the site among the affordable units. 16.a Packet Pg. 989 Attachment: CED.Arrowhead Grove Funding Commitment.Report (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to 8/1/2019 11:08 AM The total project sources and uses are as follows: Description of Permanent Sources Amount JP Morgan Chase Permanent Loan $ 19,909,000 Tax Credit Investor Equity $ 25,018,036 HCD Affordable Housing and Sustainable Communities $ 17,422,714 County of San Bernardino HOME Loan $ 2,900,000 HACSB Development Loan $ 3,412,000 HACSB Development Land Loan $ 970,000 City of San Bernardino NSP1 Loan $ 1,500,000 City of San Bernardino HOME Loan $ 830,000 General Partner Equity $ 6,400,000 Dignity Health Loan $ 1,200,000 TOTAL $ 79,561,750 CDBG funds are not included in the permanent financing sources since they are provided to the project as a grant for the installation of traffic signal at Crestview and Waterman, and a bus shelter at Baseline and Waterman. Description of Permanent Uses Amount Ground Lease $ 970,000 Architecture/ Fees/Permits $ 7,059,901 Construction Cost $ 53,295,617 Indirect Construction/Legal $ 1,578,808 Developer Fee $ 9,400,000 Rent-Up costs/Reserves $ 1,867,309 Financing Costs $ 5,390,115 TOTAL $ 79,561,750 2018-19 Goals and Objectives The recommendation to commit funds to Arrowhead Grove aligns with Goal No. 3: Create, Maintain and Grow Jobs and Economic Value in the City; Goal No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City; and Goal No. 7: Pursue City Goals and Objectives by Working with Other Agencies. Fiscal Impact There is no fiscal impact to the City’s General Fund. The City has sufficient funds in its NSP1, HOME and CDBG programs to fund the recommended commitments. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-177: 1. Committing up to $1,500,000 in NSP1 funds; $830,000 in HOME Investment Partnerships Program funds; and $179,723 in CDBG funds to construct 184 multi-family housing units; and 2. Authorizing the City Manager or designee, upon consultation with City Attorney, to take any further action and execute certain agreements and documents as necessary to effectuate the commitment of funds. 16.a Packet Pg. 990 Attachment: CED.Arrowhead Grove Funding Commitment.Report (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to 8/2/2019 9:06 AM Attachments Attachment 1 Resolution Ward: 2 Synopsis of Previous Council Actions: On June 17, 2014: The Mayor and City Council. Adopted Resolution No. 2014-241 to provide $1.5 million HOME loan. On March 16, 2015: The Mayor City Council adopted Resolution No. 2015-52 authorizing the execution of the HOME Loan Agreement for Valencia Vista. February 16, 2016: The Mayor and City Council adopted Resolution No. 2016-32 authorizing the City Manager to execute a loan agreement, in the amount of $734,000, in HOME funds. On January 3, 2018: The City Council adopted Resolution No. 2018-6 approving a conditional funding commitment for Arrowhead Grove for phases two and three. 16.a Packet Pg. 991 Attachment: CED.Arrowhead Grove Funding Commitment.Report (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to Resolution No. 2019-177 RESOLUTION NO. 2019-177 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, COMMITTING UP TO $1,500,000 IN NSP1 FUNDS; $830,000 IN HOME INVESTMENT PARTNERSHIPS PROGRAM FUNDS; AND $179,723 IN CDBG FUNDS TO CONSTRUCT 184 MULTI- FAMILY HOUSING UNITS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE, UPON CONSULTATION WITH CITY ATTORNEY, TO TAKE ANY FURTHER ACTION AND EXECUTE CERTAIN AGREEMENTS AND DOCUMENTS AS NECESSARY TO EFFECTUATE THE COMMITMENT OF FUNDS WHEREAS, on December 20, 2017 the Mayor and City Council of the City of San Bernardino, California, approved a Conditional Use Permit and Revised Subdivision to allow the development, establishment and operation of the Arrowhead Grove project comprised of 411 residential units, approximately 194,200 square feet of commercial/mixed uses, two (2) private community centers, one (1) public community center, and two (2) detention basins, on a site comprised of four (4) parcels containing approximately 39.36 acres (the “Project”); and WHEREAS, on January 3, 2018 in Resolution No. 2018-6 the Mayor and City Council of the City of San Bernardino, resolved to provide $1,500,000 in NSP funds for the Project and $179,723 of future CDBG funds upon the Developer successfully securing all funding source for the project; and WHEREAS, the Developer submitted an application for State of California Affordable Housing and Sustainable Communities (AHSC) funding on January 16, 2018 and on June 28, 2018 the Strategic Growth Council awarded the Developer $20 million in AHSC program funds for the Project; and WHEREAS, the California Tax Credit Allocation Committee (TCAC) administers the federal and state Low-Income Housing Tax Credits (LIHTC) Allocation, and awarded the Developer an allocation for tax credits that will provide $25 million in equity for the project; and WHEREAS, the Developer has secured conventional financing commitments, County and Housing Authority funds for the project; and WHEREAS, the Project is in need of additional funds; and WHEREAS, the City of San Bernardino has $830,000 in HOME funds which could not be spent during the three years that the City was part of the County HOME consortium; and WHEREAS, the HOME funds are from years prior to 2014 HUD will deobligate the funds unless the City expends them by September 30, 2019. 16.b Packet Pg. 992 Attachment: CED.Arrowhead Grove Funding Commitment.Resolution (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to Resolution No. 2019-177 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 is committing $1,500,000 in NSP1 funds and $179,723 in CDBG funds for the development of the Project. SECTION 3. The City is committing $830,000 in HOME funds for the development of the Project. SECTION 4. The City Manager, or designee, is authorized, upon consultation with City Attorney, to take all further action and execute certain agreements and documents as necessary to effectuate the commits of funds for the development of the Project. SECTION 5. The City has prepared a Mitigated Negative Declaration under the California Environmental Quality Action (“CEQA”) requirements, pursuant to 14 CCR Section 15070. SECTION 6. In accordance with the National Environmental Policy Act of 1969, as amended (“NEPA”), the City has completed and approved all applicable environmental review for the activities proposed to be undertaken and has issued a Finding of No Significant Impact. 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 ____ 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 16.b Packet Pg. 993 Attachment: CED.Arrowhead Grove Funding Commitment.Resolution (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to Resolution No. 2019-177 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-___, adopted at a regular meeting held on the 7th day of August 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. Georgeann Hanna, MMC, City Clerk 16.b Packet Pg. 994 Attachment: CED.Arrowhead Grove Funding Commitment.Resolution (6237 : Funding Commitment for Waterman Gardens Partners 2, L.P. to 17.a Packet Pg. 995 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.Staff Report (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 8/1/2019 11:02 AM Councilman Sanchez made a motion to adopt Resolution No. 2019-182 denying Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18- 07, and Councilman Shorett seconded the motion. However, the motion failed by the following vote: Ayes: Sanchez, Shorett and Mulvihill Nays: Figueroa, Nickel, Richard and Valdivia Absent: Ibarra The Mayor and City Council considered the following:  The existing and continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Therefore, the sale of beer, wine and distilled spirits under the new ABC Type-21 (Off-Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages.  The Buena Market serves as a viable convenience to the community and is well lit for added safety.  The Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity.  There was no opposition raised by the parishioners of Our Lady of Guadalupe Church or surrounding residents.  Adequate Conditions of Approval will be imposed to prevent nuisances and secondary impacts. Councilman Nickel made an alternative motion to approve Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07, and Councilman Figueroa seconded the motion, subject to the added Conditions of Approval: 1) Every six (6) months over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission. (Condition No. 5) 2) No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in manufacturer multi-packs of no less than 4-pack quantities. (Condition No. 28d) 17.a Packet Pg. 996 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.Staff Report (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 8/2/2019 9:31 AM 3) No distilled spirits shall be sold in bottles or containers smaller than 750 milliliters. (Condition No. 28i) The motion passed by the following vote: Ayes: Figueroa, Nickel, Richard and Valdivia Nays: Sanchez, Shorett and Mulvihill Absent: Ibarra Conclusion The recommended action is to adopt Resolution No. 2019-182 memorializing the approval of Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. Attachments Attachment 1 Resolution No. 2019-182 Attachment 2 Planning Commission Resolution No. 2019-020 Attachment 3 Application for Appeal 19-01 Attachment 4 Police Department Memo The Mayor and City Council adopted Resolution No. 2019-182 approving Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 on July 17, 2019 17.a Packet Pg. 997 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.Staff Report (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 (1338 Resolution No. 2019-182 RESOLUTION NO. 2019-182 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MRMORIALIZING THE APPROVAL OF APPEAL 19-01 THEREBY OVER-TURNING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT 18-23 AND PUBLIC CONVENIENCE OR NECESSITY LETTER 18-07 TO ALLOW AN UPGRADE OF AN EXISTING ALCOHOLIC BEVERAGE CONTROL TYPE-20 (OFF-SALE BEER & WINE) LICENSE TO A NEW ALCOHOLIC BEVERAGE CONTROL TYPE-21 (OFF- SALE GENERAL) LICENSE IN CONJUNCTION WITH THE EXISTING BUENA MARKET LOCATED AT 1338 W. 5th STREET, SUITE 105 (APN: 0138-115-12) WITHIN THE PASEO LAS PLACITAS SPECIFIC PLAN (SP-PLP) AREA; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on November 6, 2018, pursuant to the requirements of Section 19.36.020 (Conditional Use Permits) of the City of San Bernardino Development Code, an application for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 was duly submitted by: Property Owner: Um Chan Ho, Kim Chul and Boo Ja Living Trust 1338 W. 5th Street San Bernardino, CA 92411, Suite 105 Project Applicant: Charanjeet, Chohan Singh 26882 Claystone Drive Moreno Valley, CA 92555 Parcel Address: 1338 W. 5th Street APN: 0138-115-12 WHEREAS, Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 is a request to allow the upgrade of an existing Alcoholic Beverage Control Type-20 (Off- Sale Beer & Wine) license to a new Alcoholic Beverage Control Type-21 (Off-Sale General) license allowing beer, wine and distilled spirits in conjunction with the existing Buena Market; WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; 17.b Packet Pg. 998 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 and determined that it is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; WHEREAS, on April 9, 2019, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 and at which meeting the Planning Commission considered Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07; WHEREAS, on April 9, 2019, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Chairman Jones made a motion to adopt Resolution No. 2019-020 denying Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 based on the Findings of Fact presented, and Commissioner Woolbert seconded the motion; WHEREAS, the motion passed by the following vote: Ayes: Guerrero, Jones, Sanchez and Woolbert Nays: Quiel Abstain: None Excused: Liang, Lopez and Ruiz Absent: None WHEREAS, the Planning Commissioners agreed that allowing the upgrade of the existing Alcoholic Beverage Control (ABC) Type -20 (Off-Sale Beer & Wine) license to an ABC Type-21 (Off-Sale General) license allowing beer, wine and distilled spirits in conjunction with the existing Buena Market requested by Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 is not an appropriate land use at this location due to the following: 1) The total number of existing ABC licenses within the subject census tract exceeds the total number of ABC licenses allowed by the California Department of Alcoholic Beverage Control, 2) The crime rate within the subject reporting district exceeds the average City-wide crime rate, 3) Buena Market does not meet the City’s 500 foot distance separation threshold from a sensitive use, and 17.b Packet Pg. 999 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 4) The proposed use to allow and upgraded ABC license does not meet the goals and objectives of reducing crime and ensuring that neighborhoods and business areas are safe; WHEREAS, on April 23, 2019, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant submitted an application for Appeal No. 19-01 of the Planning Commission’s denial of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07; WHEREAS, notice of the July 17, 2019 public hearing for the Mayor and City Council's consideration of the proposed Resolution Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 was published in The Sun newspaper on July 5, 2019, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; WHEREAS, on July 17, 2019, during said duly public hearing, after public testimony and deliberation among the Mayor and City Council, the Mayor and City Council concurred that upgrading the existing ABC Type-20 (Off-Site Beer & Wine) license to a new ABC Type-21 (Off -Sale General) license for Buena Market exceeds the total allowable number of ABC licenses within the subject census tract, the crime rate within the subject reporting district exceeds the average City-wide crime rate, and the project site does not meet the City’s 500 foot distance separation threshold from a sensitive use (Our Lady of Guadalupe Church). However, the Mayor and City Council agreed, as follows: 1) The existing and continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Therefore, the sale of beer, wine and distilled spirits under the new ABC Type-21 (Off-Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages, 2) The Buena Market serves as a viable convenience to the community and is well lit for added safety, 3) The Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity, 4) There was no opposition raised by the parishioners of Our Lady of Guadalupe Church or surrounding residents, and 5) Adequate Conditions of Approval will be imposed to prevent nuisances and secondary impacts; 17.b Packet Pg. 1000 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07; WHEREAS, on July 17, 2019, during said duly public hearing, after public testimony and deliberation among the Mayor and City Council, the City Council voted to approve Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. WHEREAS, this Resolution memorializes the findings associated with the decision. 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. Findings of Fact - Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use. Finding of Fact: Pursuant to Section 19.06.020 (Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code, a business with an Alcohol Beverage Control (ABC) license is a permitted land use within the Paseo Las Placitas Specific Plan (SP-PLP) area. The request to allow the upgrade of the existing ABC Type-20 (Off-Sale Beer & Wine) license that was previously approved by the Planning Commission under Conditional Use Permit 88-43 to a new ABC Type-21 (Off-Sale General) license in conjunction with the existing Buena Market is permitted, subject to the approval of a new Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination. The subject site is located within Census Tract 43.02, where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off-sale licenses within this census tract, including the existing ABC Type-20 (Off-Sale Beer & Wine) license at this location. Therefore, there is an over concentration of off-sale ABC licenses within this census tract. Additionally, the ABC license concentration standards allow for a maximum of three (3) on-sale licenses within this census tract. There are currently four (4) existing active on-sale licenses within this census tract. Therefore, there is also an over concentration of on-sale ABC licenses within this census tract. In total, there are nine (9) existing active ABC licenses within this census tract which exceeds the total of six (6) ABC licenses allowed by the California 17.b Packet Pg. 1001 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 Department of Alcoholic Beverage Control. However, upgrading the existing ABC Type-20 (Off-Site Beer & Wine) license to a new ABC Type -21 (Off-Sale General) license will not increase the total number of ABC licenses within the subject census tract. The City of San Bernardino Police Department has reviewed the application for the proposed upgrade from an ABC Type-20 (Off-Site Beer & Wine) license to a new ABC Type-21 (Off-Sale General) license for Buena Market, and conducted an investigation based on the information provided and crime statistics within the surrounding area. The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. It was also determined that the subject reporting district in which the existing Buena Market is located had a total of 139 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 53%. This does not meet the 20% threshold established by the City’s Development Code. However, it was also noted by the Police Department that there were no alcohol-related incidents at the subject property or immediate vicinity. Pursuant to Section 19.06(2)(B) (Commercial Zones Specific Standards – Alcohol Beverage Sales) of the City of San Bernardino Development Code, “a new alcoholic beverage sales activity is not permitted within 500 feet of any of the following locations: 1) public or private state licensed or accredited school; 2) public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility; 3) place of worship or religious institution; 4) hospital; 5) alcohol or other drug abuse recovery or treatment facility; or, 6) county social service office.” After completing a review of the surrounding neighborhood, it has been identified that Our Lady of Guadalupe Church is located approximately 300 feet west of Buena Market. This does not meet the 500 foot distance separation threshold from sensitive uses established by the City’s Development Code. However, there was no opposition raised by the parishioners or surrounding residents. Although the proposal under Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to upgrade an existing ABC Type- 20 (Off-Site Beer & Wine) license to a new ABC Type-21 (Off-Sale General) license for Buena Market exceeds the total allowable number of ABC licenses within the subject census tract, the crime rate within the subject reporting district exceeds the average City-wide crime rate, and the project site does not meet the City’s 500 foot distance separation threshold from a sensitive use, the existing and continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. 17.b Packet Pg. 1002 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 Thus, the sale of beer, wine and distilled spirits under the new ABC Type- 21 (Off-Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Therefore, the approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 to upgrade an existing ABC Type- 20 (Off-Site Beer & Wine) license to a new ABC Type-21 (Off-Sale General) license for Buena Market as a Neighborhood Grocery Store, along with the imposed Conditions of Approval, remedies the potential concerns associated with the total number of ABC licenses within the subject census tract, the crime rate within the subject reporting district, and the distance separation from Our Lady of Guadalupe Church. Finding No. 2: Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Finding of Fact: The subject site is located within Census Tract 43.02, where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of three (3) off-sale licenses. There are currently five (5) existing active off-sale licenses within this census tract, including the existing ABC Type-20 (Off-Sale Beer & Wine) license at this location. Therefore, there is an over concentration of off-sale ABC licenses within this census tract. Additionally, the ABC license concentration standards allow for a maximum of three (3) on-sale licenses within this census tract. There are currently four (4) existing active on-sale licenses within this census tract. Therefore, there is also an over concentration of on-sale ABC licenses within this census tract. Although in total there are nine (9) existing active ABC licenses within this census tract which exceeds the total of six (6) ABC licenses allowed by the California Department of Alcoholic Beverage Control, there will not be a net increase in the number of ABC licenses due to the fact that the this application is a request to upgrade the existing ABC Type-20 (Off-Sale Beer & Wine) license previously approved by the Planning Commission under Conditional Use Permit 88-43 to a new ABC Type-21 (Off-Sale General) license in conjunction with the existing Buena Market. Finding No. 3: A finding that the alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering. 17.b Packet Pg. 1003 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 Finding of Fact: The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. Although it was also determined that the subject reporting district in which the existing Buena Market is located had a total of 139 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 53%, none of the calls for service immediately adjacent to Buena Market were alcohol-related. Therefore, the approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 will not aggravate existing problems in the neighborhood. Additionally, Conditions of Approval will be imposed to remedy the potential concerns associated with crimes within the surrounding area. Finding No. 4: The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments. Finding of Fact: Although Our Lady of Guadalupe Church is located approximately 300 feet west of Buena Market which does not meet the 500 foot distance separation threshold from sensitive uses established by the City’s Development Code, there was no opposition raised by the parishioners, or any residents from the surrounding neighborhood. Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area. Finding of Fact: Although the number of exiting ABC licenses within the subject census tract exceeds the concentration standards of the California Department of Alcoholic Beverage Control, the crime rate within the subject reporting district in which the existing Buena Market is located exceeds the City- wide average, and the project site does not meet the City’s 500 foot distance separation threshold from sensitive uses, the continued operation of the Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer, wine and distilled spirits under the new ABC Type-21 (Off-Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Therefore, the approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 will be compatible with existing and potential uses within the general area. 17.b Packet Pg. 1004 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 Finding No. 6: The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur. Finding of Fact: Although the Police Department has indicated that there are a total of 219 reporting districts within the City, there was an average of 91 crimes per reporting district during the course of the past year, and the subject reporting district in which the existing Buena Market is located had a total of 139 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 53%, the Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity. Additionally, Conditions of Approval will be imposed to prevent nuisances and secondary impacts. Therefore, proposal under Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07 is not likely to contribute to the existing crime rate. Finding No. 7: The use of the proposed establishment is consistent with the General Plan. Finding of Fact: The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. Land Use Element Policy 2.2.10: The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public. The Buena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer, wine and distilled spirits under the new ABC Type-21 (Off-Sale General) license will serve as an ancillary component of Buena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Additionally, there were no alcohol-related incidents at the subject property or immediate vicinity. Therefore, the application for Buena Market does comply with the abovementioned General Plan policies. 17.b Packet Pg. 1005 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 SECTION 3. Environmental Determination. As the approving body for Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Appeal 19-01 for Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18-07. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find, as follows: 1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; 2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines; 3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and 4) The determination of the CEQA exemption reflects the independent judgment of the Mayor and City Council. 17.b Packet Pg. 1006 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 SECTION 4. Conditions of Approval. The approval of Conditional Use Permit 18-23 and Public Convenience or Necessity Letter 18- 07 shall be subject to the following Conditions of Approval: 1. This approval is to allow an Alcoholic Beverage Control Type-21 (Off-Sale General) license in conjunction with the existing Buena Market. The project site is located at 1338 W. 5th Street (APN: 0138-115-12), within the Paseo Las Placitas Specific Plan (SP-PLP) area. EXPIRATION DATE: July 17, 2021 2. Within two (2) years of the Conditional Use Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Every six (6) months over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to 17.b Packet Pg. 1007 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission. 6. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 7. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 8. The project shall comply with all applicable requirements of the City’s Building & Safety Division, Police Department, Municipal Water Department, Public Works Department and Business Registration Division, and the County of San Bernardino Consolidated Fire District. 9. The project must comply with the requirements of the California Department of Alcohol Beverage Control. 10. No alcoholic beverages shall be sold on the premise or property under the licensee’s control, without first obtaining a valid alcohol sales/service license through the California Department of Alcoholic Beverage Control. 11. Prior to the commencement of the sale of alcoholic beverages the applicant shall submit for and obtain approval of an Operator’s Permit from the Office of the City Clerk. 12. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working order and shall remain on during darkness anytime the establishment is open. 13. A “complaint response community relations” program will be established and maintained by the owner. This program will include the following: a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department. b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment. 17.b Packet Pg. 1008 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment. 14. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter. 15. The sale of drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. “Drug Paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 16. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: “No Loitering,” “No Drinking,” “No panhandling or soliciting,” and “It is illegal to possess an open container of alcohol in the vicinity of this establishment.” 17. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010. 18. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours. 19. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official. 20. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: “California State Law prohibits the sale of alcoholic beverages to persons less than 21 years of age.” 17.b Packet Pg. 1009 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 21. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas. 22. The establishment’s owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to leave the area and contact the Police Department for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 23. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 24. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place. 25. If public telephones are installed on the premises, they shall be installed in well-lighted locations and programmed for outgoing calls only. 26. Only (1) one sign advertising “Liquor” shall be allowed. Neon beer or wine signs visible from the outside shall not be permitted. No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and obstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 27. Sales and service of alcoholic beverage sales shall be permitted only between the hours of 7 a.m. and 10 p.m. Monday through Sunday, each day of the week. 28. Whenever alcohol is sold on the premises, the establishment shall be required to mitigate alcohol-related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed: a. No alcohol sales are permitted inside or outside the premises without a license issued by the California Department of Alcoholic Beverage Control. b. No alcohol shall be sold or furnished to minors (anyone under the age of 21). c. No alcohol may be sold at any time to any patron appearing to be intoxicated. 17.b Packet Pg. 1010 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 d. No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in manufacturer multi-packs of no less than 4-pack quantities. e. No malt beverage products shall be sold with alcohol content greater than five and one half percent by volume. f. The sale of wine with an alcoholic content greater than 14 percent by volume shall be prohibited unless in corked bottles and aged at least two (2) years. g. Beer or malt liquor sold individually in containers of 40 ounces or less shall be prohibited. h. No containers of beer or malt liquor shall be sold which are not in their original factory packages of 6 packs or greater. i. No distilled spirits shall be sold in bottles or containers smaller than 750 milliliters. j. No cooler products, either wine or malt beverage based, shall be sold in less than 4-pack quantities. k. No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner and/or lessee. l. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises and/or lessee or in any area occupied or used by patrons of the premises. m. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the California Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway. n. The owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60) days of the Conditional Use Permit approval, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. o. No coin operated games, video games, or pool tables are allowed inside the business. 17.b Packet Pg. 1011 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 p. The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited. q. All ice shall be sold at or about the prevailing prices in the area and in quantities of not less than five (5) pounds per sale and should not be given to customers without charge. 29. The establishment may elect to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages. 30. Two (2) 24-hour time-lapsed security cameras shall be installed on the premises. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. 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 __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 17.b Packet Pg. 1012 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 Resolution No. 2019-182 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 17.b Packet Pg. 1013 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A1.Resolution (6238 : Appeal 19-01 - Buena Market Conditional Use Permit 18-23 17.c Packet Pg. 1014 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1015 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1016 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1017 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1018 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1019 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1020 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.c Packet Pg. 1021 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A2.Planning Commission Resolution 2019-020 (6238 : Appeal 19-01 - Buena Market 17.d Packet Pg. 1022 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1023 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1024 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1025 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1026 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1027 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1028 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1029 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.d Packet Pg. 1030 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A3.Application for Appeal (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1031 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1032 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1033 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1034 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1035 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1036 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1037 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1038 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1039 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1040 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1041 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1042 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1043 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1044 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1045 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1046 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1047 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1048 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 17.e Packet Pg. 1049 Attachment: CED.APPEAL 19-01.CUP 18-23 Buena Market.A4.Police Department Memo (6238 : Appeal 19-01 - Buena Market Conditional Use 18.a Packet Pg. 1050 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.Staff Report (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit 18- 8/1/2019 10:59 AM The Mayor and City Council considered the following:  The operation of La Cadena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Therefore, the sale of beer and wine under a new ABC Type- 20 (Off-Site Beer & Wine) license will serve as an ancillary component of La Cadena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages.  The La Cadena Market serves as a viable convenience to the community and is well lit for added safety.  The Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity.  There was no opposition raised by the surrounding residents.  Adequate Conditions of Approval will be imposed to prevent nuisances and secondary impacts. Councilman Sanchez moved to approve Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08, and Councilman Mulvihill seconded the motion, subject to the added Conditions of Approval: 1) Every six (6) months over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission. (Condition No. 5) 2) No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in manufacturer multi-packs of no less than 4-pack quantities. (Condition No. 28d) The motion passed by the following vote: Ayes: Sanchez, Figueroa, Shorett, Nickel, Richard and Mulvihill Nays: None Absent: Ibarra 18.a Packet Pg. 1051 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.Staff Report (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit 18- 8/2/2019 9:31 AM Conclusion The recommended action is to adopt Resolution No. 2019-183 memorializing approval of Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08. Attachments Attachment 1 Resolution No. 2019-183 Attachment 2 Planning Commission Resolution No. 2019-021 Attachment 3 Application for Appeal 19-02 Attachment 4 Police Department Memo The Mayor and City Council adopted Resolution No. 2019-183 approving Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 on July 17, 2019 18.a Packet Pg. 1052 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.Staff Report (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit 18- Resolution No. 2019-183 RESOLUTION NO. 2019-183 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, MEMORIALIZING THE APPROVAL OF APPEAL 19-02 THEREBY OVER-TURNING THE PLANNING COMMISSION’S DENIAL OF CONDITIONAL USE PERMIT 18-25 AND PUBLIC CONVENIENCE OR NECESSITY LETTER 18-08 TO ALLOW A NEW ALCOHOLIC BEVERAGE CONTROL TYPE-20 (OFF- SALE BEER & WINE) LICENSE IN CONJUNCTION WITH THE EXISTING LA CADENA MARKET LOCATED AT 1111 W. 9th STREET (APN: 0139-243-13) WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE; AND, FINDING THE PROJECT SUBJECT TO A CATEGORICAL EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on November 26, 2018, pursuant to the requirements of Section 19.36.020 (Conditional Use Permits) of the City of San Bernardino Development Code, an application for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 was duly submitted by: Property Owner/ Tera Aasra, Inc. Project Applicant: 1111 W. 9th Street San Bernardino, CA 92411 Parcel Address: 1111 W. 9th Street APN: 0139-243-13 WHEREAS, Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 is a request to allow a new Alcoholic Beverage Control Type-20 (Off-Sale Beer & Wine) license or new Alcoholic Beverage Control Type-21 (Off-Sale General) license in conjunction with the existing La Cadena Market; WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 and determined that it is exempt from CEQA pursuant to a categorical exemption (listed in CEQA 18.b Packet Pg. 1053 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; WHEREAS, on April 9, 2019, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code, the Planning Commission held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 and at which meeting the Planning Commission considered Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08; WHEREAS, on April 9, 2019, during said duly public hearing, after public testimony and deliberation among the Planning Commissioners, Chairman Jones made a motion to adopt Resolution No. 2019-021 denying Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 based on the Findings of Fact presented, and Commissioner Guerrero seconded the motion; WHEREAS, the motion passed by the following vote: Ayes: Guerrero, Jones and Woolbert Nays: Quiel and Sanchez Abstain: None Excused: Liang, Lopez and Ruiz Absent: None WHEREAS, the Planning Commissioners agreed that allowing a new Alcoholic Beverage Control (ABC) Type -20 (Off-Sale Beer & Wine) license or new ABC Type-21 (Off- Sale General) license in conjunction with the existing La Cadena Market requested by Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 is not an appropriate land use at this location due to the following: 1) The total number of existing ABC licenses within the subject census tract exceeds the total number of ABC licenses allowed by the California Department of Alcoholic Beverage Control, 2) The crime rate within the subject reporting district exceeds the average City-wide crime rate, 3) La Cadena Market does not meet the City’s 500 foot distance separation threshold from a sensitive use, and 4) The proposed use to allow and upgraded ABC license does not meet the goals and objectives of reducing crime and ensuring that neighborhoods and business areas are safe; WHEREAS, on April 23, 2019, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applicant submitted an 18.b Packet Pg. 1054 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 application for Appeal No. 19-02 of the Planning Commission’s denial of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08; WHEREAS, notice of the July 17, 2019 public hearing for the Mayor and City Council's consideration of the proposed Resolution for Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 was published in The Sun newspaper on July 5, 2019, and was mailed to property owners within a 500 foot radius of the project site in accordance with Chapter 19.52 (Hearings and Appeals) of the City of San Bernardino Development Code; WHEREAS, on July 17, 2019, during said duly public hearing, after public testimony and deliberation among the Mayor and City Council, the Mayor and City Council concurred that a new ABC Type -20 (Off-Site Beer & Wine) license for La Cadena exceeds the total allowable number of ABC licenses within the subject census tract, the crime rate within the subject reporting district exceeds the average City-wide crime rate, and the project site does not meet the City’s 500 foot distance separation threshold from a sensitive use. However, the Mayor and City Council agreed, as follows: 1) The operation of La Cadena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on- site. Therefore, the sale of beer and wine under the new ABC Type-20 (Off -Site Beer & Wine) license will serve as an ancillary component of La Cadena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages, 2) The La Cadena Market serves as a viable convenience to the community and is well lit for added safety, 3) The Police Department reported that there were no alcohol-related incidents at the subject property or immediate vicinity, 4) There was no opposition raised by the or surrounding residents, and 5) Adequate Conditions of Approval will be imposed to prevent nuisances and secondary impacts; WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08; and WHEREAS, on July 17, 2019, during said duly public hearing, after public testimony and deliberation among the Mayor and City Council, the City Council approved Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08. 18.b Packet Pg. 1055 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 WHEREAS, this Resolution memorializes that approval vote. 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. Findings of Fact - Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08. Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use. Finding of Fact: Pursuant to Section 19.06.020 (Development Permitted and Conditionally Permitted Uses) of the City of San Bernardino Development Code, a business with an Alcohol Beverage Control (ABC) license is a permitted land use within the Commercial General (CG-1) zone. The request to allow a new ABC Type-20 (Off-Sale Beer & Wine) license in conjunction with the existing La Cadena Market is permitted, subject to the approval of a Conditional Use Permit with the appropriate Conditions of Approval and CEQA determination. The subject site is located within Census Tract 48.00, where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of two (2) off-sale licenses. There are currently six (6) existing active off-sale licenses within this census tract. Therefore, there is an over concentration of off-sale ABC licenses within this census tract. Additionally, the ABC license concentration standards allow for a maximum of two (2) on-sale licenses within this census tract. There is currently one (1) existing active on-sale licenses within this census tract. In total, there are seven (7) existing active ABC licenses within this census tract which exceeds the total of four (4) ABC licenses allowed by the California Department of Alcoholic Beverage Control. The City of San Bernardino Police Department has reviewed the application for the proposed new ABC Type-20 (Off-Site Beer & Wine) license or new ABC Type-21 (Off-Sale General) license for La Cadena Market, and conducted an investigation based on the information provided and crime statistics within the surrounding area. The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. It was also determined that the subject reporting district in which the existing La Cadena Market is located had a total of 226 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 148%. This does not meet 18.b Packet Pg. 1056 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 the 20% threshold established by the City’s Development Code. However, it was also noted by the Police Department that there were no alcohol-related incidents at the subject property or immediate vicinity. Additionally, pursuant to Section 19.06(2)(B) (Commercial Zones Specific Standards – Alcohol Beverage Sales) of the City of San Bernardino Development Code, “a new alcoholic beverage sales activity is not permitted within 500 feet of any of the following locations: 1) public or private state licensed or accredited school; 2) public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility; 3) place of worship or religious institution; 4) hospital; 5) alcohol or other drug abuse recovery or treatment facility; or, 6) county social service office.” After completing a review of the surrounding neighborhood, it has been identified that the San Bernardino County Head Start facility and Boys & Girls Club of San Bernardino are located approximately 200 feet west of La Cadena Market, and Encanto Park is located approximately 400 feet west of La Cadena Market. This does not meet the 500 foot distance separation threshold established by the City’s Dev elopment Code. However, there was no opposition raised by the surrounding residents. Although the proposal under Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 for a new ABC Type-20 (Off-Site Beer & Wine) license for La Cadena Market exceeds the total allowable number of ABC licenses within the subject census tract, the crime rate within the subject reporting district exceeds the average City-wide crime rate, and the project site does not meet the City’s 500 foot distance separation threshold from a sensitive use, the operation of La Cadena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer and wine under the new ABC Type-20 (Off-Site Beer & Wine) license will serve as an ancillary component of La Cadena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Therefore, the approval of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 for a new ABC Type-20 (Off-Site Beer & Wine) license for La Cadena Market as a Neighborhood Grocery Store, along with the imposed Conditions of Approval, remedies the potential concerns associated with the total number of ABC licenses within the subject census tract, the crime rate within the subject reporting district, and the distance separation from the San Bernardino County Head Start facility, Boys & Girls Club of San Bernardino, and Encanto Park. 18.b Packet Pg. 1057 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 Finding No. 2: Finding or Public Convenience or Necessity (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a). Finding of Fact: The subject site is located within Census Tract 48.00, where the California Department of Alcoholic Beverage Control (ABC) license concentration standards allow for a maximum of two (2) off-sale licenses. There are currently six (6) existing active off-sale licenses within this census tract. Therefore, there is an over concentration of off-sale ABC licenses within this census tract. Additionally, the ABC license concentration standards allow for a maximum of two (2) on-sale licenses within this census tract. There is currently one (1) existing active on-sale licenses within this census tract. In total, there are seven (7) existing active ABC licenses within this census tract which exceeds the total of four (4) ABC licenses allowed by the California Department of Alcoholic Beverage Control. However, a new ABC Type-20 (Off-Site Beer & Wine) license for La Cadena Market as a Neighborhood Grocery Store, along with the imposed Conditions of Approval, remedies the potential concerns associated with the total number of ABC licenses within the subject census tract. Finding No. 3: A finding that the alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering. Finding of Fact: The Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. Although it was also determined that the subject reporting district in which the existing La Cadena Market had a total of 226 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 148%, none of the calls for service immediately adjacent to La Cadena Market were alcohol-related. Therefore, the approval of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 will not aggravate existing problems in the neighborhood. Additionally, Conditions of Approval will be imposed to remedy the potential concerns associated with crimes within the surrounding area. 18.b Packet Pg. 1058 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 Finding No. 4: There proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments. Finding of Fact: Although the San Bernardino County Head Start facility and Boys & Girls Club of San Bernardino are located approximately 200 feet west of La Cadena Market, and Encanto Park is located approximately 400 feet west of La Cadena Market which does not meet the 500 foot distance separation threshold from sensitive uses established by the City’s Development Code, there was no opposition raised by or any residents from the surrounding neighborhood. Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area. Finding of Fact: Although the number of exiting ABC licenses within the subject census tract exceeds the concentration standards of the California Department of Alcoholic Beverage Control, the crime rate within the subject reporting district in which the existing La Cadena Market is located exceeds the City-wide average, and the project site does not meet the City’s 500 foot distance separation threshold from sensitive uses, the operation of the La Cadena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer and wine under a new ABC Type- 20 (Off-Site Beer & Wine) license will serve as an ancillary component of La Cadena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Therefore, the approval of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08 will be compatible with existing and potential uses within the general area. Finding No. 6: The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur. Finding of Fact: Although the Police Department has indicated that there are a total of 219 reporting districts within the City, and that there was an average of 91 crimes per reporting district during the course of the past year. It was also determined that the subject reporting district in which the existing Buena Market is located had a total of 226 crimes, which exceeds the City-wide average of 91 crimes per reporting district by a total of approximately 148%, the Police Department reported that there were no alcohol-related 18.b Packet Pg. 1059 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 incidents at the subject property or immediate vicinity. Additionally, Conditions of Approval will be imposed to prevent nuisances and secondary impacts. Therefore, proposal under Conditional Use Permit 18- 25 and Public Convenience or Necessity Letter 18-08 is not likely to contribute to the existing crime rate. Finding No. 7: The use of the proposed establishment is consistent with the General Plan. Finding of Fact: The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses. Land Use Element Policy 2.2.10: The protection of the quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public. The La Cadena Market can be characterized as a full-service Neighborhood Grocery Store, as generally defined in the City’s Development Code, in that is sells fresh fruit, vegetables meat and fresh fish, and has food prepared on-site. Thus, the sale of beer and wine under the new ABC Type-20 (Off-Site Beer & Wine) license will serve as an ancillary component of La Cadena Market as a Neighborhood Grocery Store, as opposed to a liquor store which principally involves the business of selling alcoholic beverages. Additionally, there were no alcohol-related incidents at the subject property or immediate vicinity. Therefore, the application for La Cadena Market does comply with the abovementioned General Plan policies. SECTION 3. Environmental Determination. As the approving body for Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Appeal 19-02 for Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18-08. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find, as follows: 18.b Packet Pg. 1060 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; 2) The proposed project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines; 3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and 4) The determination of the CEQA exemption reflects the independent judgment of the Mayor and City Council. SECTION 4. Conditions of Approval. The approval of Conditional Use Permit 18-25 and Public Convenience or Necessity Letter 18- 08 shall be subject to the following Conditions of Approval: 1. This approval is to allow an Alcoholic Beverage Control Type-20 (Off-Site Beer & Wine) license in conjunction with the existing La Cadena Market. The project site is located at 1111 W. 9th Street (APN: 0139-243-13), within the Commercial General (CG-1) zone. EXPIRATION DATE: July 17, 2021 2. Within two (2) years of the Conditional Use Permit approval, commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval. 3. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items, thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 4. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may 18.b Packet Pg. 1061 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant. 5. Every six (6) months over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission. 6. Signs are not approved as part of this permit. Prior to establishing any new signs or replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennant, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 7. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter and any other undesirable material(s). Vandalism, graffiti, trash and other debris shall be removed and cleaned up within 24 hours of being reported. 8. The project shall comply with all applicable requirements of the City’s Building & Safety Division, Police Department, Municipal Water Department, Public Works Department and Business Registration Division, and the County of San Bernardino Consolidated Fire District. 9. The project must comply with the requirements of the California Department of Alcohol Beverage Control. 10. No alcoholic beverages shall be sold on the premise or property under the licensee’s control, without first obtaining a valid alcohol sales/service license through the California Department of Alcoholic Beverage Control. 11. Prior to the commencement of the sale of alcoholic beverages the applicant shall submit for and obtain approval of an Operator’s Permit from the Office of the City Clerk. 12. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. 18.b Packet Pg. 1062 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 These lights shall be maintained in good working order and shall remain on during darkness anytime the establishment is open. 13. A “complaint response community relations” program will be established and maintained by the owner. This program will include the following: a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department. b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment. c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment. 14. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter. 15. The sale of drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. “Drug Paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000. 16. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: “No Loitering,” “No Drinking,” “No panhandling or soliciting,” and “It is illegal to possess an open container of alcohol in the vicinity of this establishment.” 17. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises. Extraordinary police services are those defined under San Bernardino Municipal Code Section 8.82.010. 18. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours. 18.b Packet Pg. 1063 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 19. Upon demand, the owner, lessee, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official. 20. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: “California State Law prohibits the sale of alcoholic beverages to persons less than 21 years of age.” 21. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These areas shall be cleaned of any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas. 22. The establishment’s owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen (15) minutes to leave the area and contact the Police Department for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so. 23. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment. 24. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place. 25. If public telephones are installed on the premises, they shall be installed in well-lighted locations and programmed for outgoing calls only. 26. Only (1) one sign advertising “Liquor” shall be allowed. Neon beer or wine signs visible from the outside shall not be permitted. No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and obstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance. 27. Sales and service of alcoholic beverage sales shall be permitted only between the hours of 7 a.m. and 10 p.m. Monday through Sunday, each day of the week. 18.b Packet Pg. 1064 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 28. Whenever alcohol is sold on the premises, the establishment shall be required to mitigate alcohol-related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed: a. No alcohol sales are permitted inside or outside the premises without a license issued by the California Department of Alcoholic Beverage Control. b. No alcohol shall be sold or furnished to minors (anyone under the age of 21). c. No alcohol may be sold at any time to any patron appearing to be intoxicated. d. No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in manufacturer multi-packs of no less than 4-pack quantities. e. No malt beverage products shall be sold with alcohol content greater than five and one half percent by volume. f. The sale of wine with an alcoholic content greater than 14 percent by volume shall be prohibited unless in corked bottles and aged at least two (2) years. g. Beer or malt liquor sold individually in containers of 40 ounces or less shall be prohibited. h. No containers of beer or malt liquor shall be sold which are not in their original factory packages of 6 packs or greater. i. No cooler products, either wine or malt beverage based, shall be sold in less than 4-pack quantities. j. No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner and/or lessee. k. No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises and/or lessee or in any area occupied or used by patrons of the premises. l. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the California Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway. 18.b Packet Pg. 1065 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 m. The owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training with sixty (60) days of the Conditional Use Permit approval, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. n. No coin operated games, video games, or pool tables are allowed inside the business. o. The sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited. p. All ice shall be sold at or about the prevailing prices in the area and in quantities of not less than five (5) pounds per sale and should not be given to customers without charge. 29. The establishment may elect to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages. 30. Two (2) 24-hour time-lapsed security cameras shall be installed on the premises. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. 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. 18.b Packet Pg. 1066 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 18.b Packet Pg. 1067 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit Resolution No. 2019-183 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 18.b Packet Pg. 1068 Attachment: CED.APPEAL 19-02.CUP 18-25 La Cadena Market.A1.Resolution (6239 : Appeal 19-02 – La Cadena Market Conditional Use Permit 18.c Packet Pg. 1069 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1070 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1071 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1072 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1073 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1074 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1075 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.c Packet Pg. 1076 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A2.Planning Commission Resolution 2019-021 (6239 : Appeal 19-02 – La Cadena 18.d Packet Pg. 1077 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1078 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1079 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1080 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1081 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1082 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1083 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1084 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1085 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1086 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1087 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1088 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1089 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1090 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1091 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1092 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1093 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1094 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1095 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1096 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1097 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1098 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1099 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1100 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1101 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1102 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1103 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1104 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1105 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1106 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1107 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1108 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1109 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1110 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1111 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1112 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1113 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1114 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1115 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1116 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1117 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1118 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1119 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1120 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1121 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1122 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1123 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.d Packet Pg. 1124 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A3.Application for Appeal (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1125 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1126 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1127 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1128 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1129 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1130 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1131 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1132 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1133 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1134 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1135 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 18.e Packet Pg. 1136 Attachment: CED.Appeal 19-02.CUP 18-25 La Cadena Market.A4.Police Department Memo (6239 : Appeal 19-02 – La Cadena Market Conditional 19.a Packet Pg. 1137 Attachment: CAO.2nd Amendment to PSA with Cole Huber LLP SR (6240 : Second Amendment to the Professional Services Agreement with 8/2/2019 11:42 AM subpoenas and responses to voluminous Public Records Act requests, and complex police services advice. • Increased litigation fees and costs associated with a large influx of cannabis- related lawsuits, tow contractor selection, police activities, and certain sensitive personnel matters and investigations. Naturally, since the City is no longer subject to bankruptcy protections, the City is once-again a target of lawsuits seeking monetary damages. Despite these challenges, with the proposed amendment, the City Attorney’s Office will still have realized an approximate 4.2% reduction from the original adopted budget for Fiscal Year 2018/19. In addition, the City Attorney’s Office budget for the current 2019/20 Fiscal Year is $2,319,800 – an over $800,000 reduction from the original adopted budget for Fiscal Year 2018/19. Cole Huber LLP Second Amendment On July 9, 2018, the City executed an agreement with Cota Cole & Huber LLP, now Cole Huber LLP, to provide legal services relating to a variety of litigation matters and several transactional matters during a period of transition in the City Attorney’s Office. The original agreement was entered into by the City Manager in accordance with her signature authority. On December 19, 2018, following City Council approval, the City executed an Amended and Restated Professional Services Agreement and established a not-to-exceed cap on attorney’s fees at $150,000. On April 3, 2019, following City Council approval, the City executed a first amendment to the December 19, 2018 agreement to increase the not to exceed cap to $250,000. In representing the City, Cole Huber LLP has now exceeded this cap by approximately $35,000. In order to make payment to Cole Huber for the services rendered, the City Council would need to approve an increase to the cap and amend the agreement with Cole Huber. Although several litigation matters are still active, after a discussion with Cole Huber, the City Attorney’s Office, and the City Manager, it was determined that Cole Huber’s services under this agreement would be limited to two cases moving forward. On these cases, Cole Huber is willing to establish a hard $10,000 cap on the total legal fees to be expended moving forward. The proposed amendment would establish this cap. Discussion City Attorney’s Office Budget The proposed action would increase the City Attorney’s Office FY 2018/19 budget by $100,000, reducing the mid-year savings of the Office to $132,000, in order to pay remaining invoices owed for legal services rendered to the City, including approximately $35,000 owed to Cole Huber in connection with the circumstances addressed above. 19.a Packet Pg. 1138 Attachment: CAO.2nd Amendment to PSA with Cole Huber LLP SR (6240 : Second Amendment to the Professional Services Agreement with 8/2/2019 11:42 AM The action will not impact the budget for Fiscal Year 2019/20, during which the City Attorney’s Office is targeting savings of over $800,000 compared to the orginal adopted budget for Fiscal Year 2018/19. Cole Huber LLP Second Amendment The proposed second amendment will increase the not-to-exceed cap on the agreement with Cole Huber to $295,000 and establish a $10,000 cap on the litigation fees associated with the two remaining matters that the firm will handle in current fiscal year. This will enable the City to pay Cole Huber for services rendered during FY 2018/19 and will establish a hard cap on future costs of the City moving forward. 2018-19 Goals and Objectives The proposed actions align with Goal No. 6: Operate in a Fiscally Responsible and Business-Like Manner. The budget amendment is necessary in order for the City to make payments to vendors for services rendered to the City. It is appropriate, and business-like, for the City to pay vendors for the services rendered. The proposed amendment to the Cole Huber agreement is necessary with multiple litigation cases pending and to avoid the costs associated with transitioning the cases to another firm at this late stage. It also permits Cole Huber to be paid for services rendered to the City. Fiscal Impact To enable the City to make the outstanding payments to vendors for legal services rendered would entail a one-time General Fund appropriation in the amount of $100,000 from General Fund Reserves to the City Attorney’s Office FY 2018-19 Adopted Budget (account number 001-050-0005-5503). Conclusion It is recommended that the Mayor and City Council authorize Finance Director to amend Fiscal Year 2018-19 City Attorney Office Adopted Budget by $100,000 and adopt Resolution No. 2019-255, of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute a Second Amendment to the Amended and Restated Professional Services Agreement with Cole Huber. Attachments Attachment 1 Resolution No. 2019-255 Attachment 2 Second Amendment to Amended and Restated Professional Services Agreement with Cole Huber LLP 19.a Packet Pg. 1139 Attachment: CAO.2nd Amendment to PSA with Cole Huber LLP SR (6240 : Second Amendment to the Professional Services Agreement with 8/2/2019 11:42 AM Ward: Citywide Synopsis of Previous Action: On June 20, 2018, the City Council adopted the original Fiscal Year 2018/19 budget setting the City Attorney’s Office budget at $3,128,332.98. On July 9, 2018, the City executed an agreement with Cota Cole & Huber LLP for the provision of legal services relating to various litigation matters. On December 19, 2018, the City executed an amended and restated agreement with Cole Huber for the provision of legal services relating to various litigation matters. On March 6, 2019, the City Council amended the Fiscal Year 2018/19 budget, reducing the City Attorney’s Office budget by $232,000. On April 3, 2019, the City executed the first amendment to the agreement with Cole Huber for the provision of legal services relating to various litigation matters. 19.a Packet Pg. 1140 Attachment: CAO.2nd Amendment to PSA with Cole Huber LLP SR (6240 : Second Amendment to the Professional Services Agreement with Resolution No. 2019-255 RESOLUTION NO. 2019-255 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENTS WITH COLE HUBER, LLP WHEREAS, On July 9, 2018, the City executed an agreement with Cota Cole & Huber LLP, now Cole Huber LLP, to provide legal services relating to a variety of litigation matters and several transactional matters during a period of transition in the City Attorney’s Office. The original agreement was entered into by the City Manager in accordance with her signature authority. On December 19, 2018, following City Council approval, the City executed an Amended and Restated Professional Services Agreement and established a not-to-exceed cap on attorneys’ fees at $150,000; and WHEREAS, On April 3, 2019, the City Council authorized the City Manager to amend the agreement with Cole Huber to increase the not-to-exceed cap on attorneys’ fees to $250,000; and WHEREAS, the City Council now wishes to amend the agreement to increase the total expenditure cap, to limit the scope of services to two matters, and to cap future expenditures on the remaining cases at $10,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute a second amendment to the Amended and Restated Professional Services Agreement with Cole Huber LLP as outlined herein, in the accompanying staff report, and in the attached second amendment. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. 19.b Packet Pg. 1141 Attachment: CAO.Resolution 2nd Amendment on Cole Huber (6240 : Second Amendment to the Professional Services Agreement with Cole Resolution No. 2019-255 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of August, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 19.b Packet Pg. 1142 Attachment: CAO.Resolution 2nd Amendment on Cole Huber (6240 : Second Amendment to the Professional Services Agreement with Cole Resolution No. 2019-255 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-__, adopted at a special meeting held on the 7th day of August, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 7th day of August, 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 19.b Packet Pg. 1143 Attachment: CAO.Resolution 2nd Amendment on Cole Huber (6240 : Second Amendment to the Professional Services Agreement with Cole SECOND AMENDMENT TO AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT This Second Amendment (“Second Amendment”) to the Amended and Restated Professional Services Agreement dated December 20, 2018 (“Agreement”) is made and entered into by and between the CITY OF SAN BERNARDINO (“CITY”) and the law firm of COLE HUBER LLP (“COLE HUBER”) as of the last date set forth below. 1. COLE HUBER performs legal services on a variety of litigation matters under the Agreement. Now, the CITY and COLE HUBER wish to amend the Agreement to increase the not-to-exceed cap on the Agreement. 2. Section 3 of the Agreement is hereby amended in its entirety to read as follows: “COLE HUBER shall be paid at the rate of $195 per hour for all services performed under this agreement. The amounts expended under this agreement for attorney's fees shall not exceed $295,000 (including the amounts already expended under the Original Agreement) without further approval of the Mayor and City Council. The parties agree that the above expenditure limit shall not apply to work done after July 1, 2019 in two matters, Rosa House v. People of the State of California et al. (Case No. CIVDS 1204063) (“House”), and John Shepherd v. BAC Home Loan Servicing et al., Case No. CIVDS 1208969 (“Shepherd”). COLE HUBER agrees to represent the City through a demurrer to the operative fifth amended complaint in Shepherd and through a motion to enforce settlement in House, and that the total attorney’s fees for such work done from July 1, 2019 until the rulings on those motions will not exceed $10,000. 4. Except as modified by this Second Amendment, all provisions of the Agreement shall remain in full force and effect for the term thereof. 5. This Second Amendment may be executed in counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. Dated: July , 2019 COLE HUBER LLP By: Derek P. Cole Its: Partner 19.c Packet Pg. 1144 Attachment: CAO.Cole Huber.Second Amendment (6240 : Second Amendment to the Professional Services Agreement with Cole Huber LLP for Dated: July , 2019 CITY OF SAN BERNARDINO By: Teri Ledoux Its: City Manager 19.c Packet Pg. 1145 Attachment: CAO.Cole Huber.Second Amendment (6240 : Second Amendment to the Professional Services Agreement with Cole Huber LLP for 20.a Packet Pg. 1146 Attachment: CM.YRG BSCC Grant Award_Staff Report (6241 : California Board of State & Community Corrections: Grant Award) Cities and Counties; and after evaluating proposals, the YRG awarded thirty cities a grant. The City of San Bernardino received one grant award for the proposal submitted in partnership with Southern California Mountains Foundation-Urban Conservation Corp, and Operation New Hope, a total of one million dollars through February 28, 2023. Discussion The purpose of San Bernardino Youth Reinvestment & Development program is to implement an evidence-based, culturally relevant, trauma-informed, and developmentally appropriate program initiative that addresses the unique needs of San Bernardino City youth that are at risk of or are fluctuating between the child welfare and juvenile delinquency court systems, which are often called “cross-over” youth or “dual status” youth. In partnership with community-based organizations, San Bernardino City Police Department, and San Bernardino County Juvenile Courts the program objective is to divert low level youth offenders from the juvenile delinquency court system. The San Bernardino Youth Reinvestment grant program will achieve this through the development of a coordinated best practice system of diversion referrals through the use of the Crossover Youth Practice Model (CYPM). The program will also use evidence based best practice-Wraparound Case Management and Social Services, as well as the use of a trauma-informed evidence-based curriculum provided by Operation New Hope. The program will also provide vocational training through the local Certified Conservation Corps where older youth can also transferred into a job with the Corps. The City of San Bernardino Violence Intervention Division, Violence Intervention Program (VIP) Manager will provide programmatic and fiscal oversight for the Youth Reinvestment Program. The VIP Manger will be responsible for ensuring program is meeting its proposed goals, objectives, and activities. In addition, the VIP Manager will ensure all matching funds required for the above grant are provided and agencies abide by the terms and conditions of the Grant Agreement. 2018-19 Goals & Objectives Working with State agency and accepting this grant award aligns with Goal No. 7: Pursue City Goals and Objectives by W orking with Other Agencies and organizations to ensure the City of San Bernardino receives its fair share of resources. In providing juvenile diversion services, the Youth Reinvestment & Development Program is aligned with Goal No. 2: Provide for the Safety of City Residents and Businesses by utilizing city programs to reduce crime and ensure that the community and stakeholders are safe. Fiscal Impact There are no General Fund matching requirements under this grant program, therefore there is no fiscal impact on the General Fund. The acceptance of $1 Million Youth Reinvestment Grant extending through February 28, 2023 will require the creation of a grant account as well as an amendment of the FY 2019/20 Adopted Budget by 20.a Packet Pg. 1147 Attachment: CM.YRG BSCC Grant Award_Staff Report (6241 : California Board of State & Community Corrections: Grant Award) $272,727 to reflect the receipt of the grant funds in year one of this multi-year grant award. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-256, authorizing the City Manager to accept, execute, and administer the Board of State and Community Corrections (BSCC), Youth Reinvestment Grant Program (YRG) in the amount of $1,000,000 through February 28, 2023; and authorizing the Finance Director to amend the adopted Fiscal Year 2019/20 budget by $272,727. Attachments Attachment 1 Resolution Attachment 2 BSCC Grant Agreement Attachment 3 Southern California Mountains Foundation, UCC PSA Attachment 4 Operation New Hope PSA Ward: City-wide Synopsis of Previous Council Actions: NA 20.a Packet Pg. 1148 Attachment: CM.YRG BSCC Grant Award_Staff Report (6241 : California Board of State & Community Corrections: Grant Award) Resolution No. 2019-256 RESOLUTION NO. 2019-256 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ACCEPT, EXECUTE, AND ADMINISTER THE BOARD OF STATE & COMMUNITY CORRECTIONS YOUTH REINVESTMENT GRANT PROGRAM IN THE AMOUNT OF $1,000,000 THROUGH FEBRUARY 28, 2023 AND AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE ADOPTED FISCAL YEAR 2019/20 BUDGET BY $272,727 WHEREAS, the City of San Bernardino desires to participate in the Youth Reinvestment Grant Program (YRG) funded through the California State General Fund and administered by the Board of State and Community Corrections (BSCC); and, WHEREAS, the City of San Bernardino prepared and submitted two timely and complete proposals; WHEREAS, the City of San Bernardino Youth Reinvestment & Development Program proposal was awarded the BSCC Grant for the period of July 1, 2019 through February 28, 2023; and, now therefore: BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to accept and execute the Board of State and Community Corrections Youth Reinvestment Grant Agreement number 581-19 in the amount of $1,000,000 attached hereto as Exhibit “A”. SECTION 3. The City Manager is hereby further authorized to execute professional service agreements for the period of July 1, 2019 – February 23, 2023 with the Southern California Mountains Foundation, Urban Conservation Corp., in the amount not to exceed $500,000 and Operation New Hope in the amount not to exceed $500,000 attached hereto as Exhibits “B” and “C”. SECTION 4. The Director of Finance is authorized to create a grant account and amend the adopted fiscal year 2019-2020 budget by $272,727 to reflect the grant resources eligible to be received in this fiscal period. SECTION 5. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that 20.b Packet Pg. 1149 Attachment: CM.YRG_Resolution doc (6241 : California Board of State & Community Corrections: Grant Award) Resolution No. 2019-256 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 __________ 2019. John Valdivia, Mayor City of San Bernardino Attest: Georgeann Hanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney 20.b Packet Pg. 1150 Attachment: CM.YRG_Resolution doc (6241 : California Board of State & Community Corrections: Grant Award) Resolution No. 2019-256 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-___, adopted at a regular meeting held on the ___ day of _______ 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. Georgeann Hanna, MMC, City Clerk 20.b Packet Pg. 1151 Attachment: CM.YRG_Resolution doc (6241 : California Board of State & Community Corrections: Grant Award) STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORIITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 581-19 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTOR NAME CITY OF SAN BERNARDINO 2. The term of this Agreement is: START DATE JULY 1, 2019 THROUGH END DATE FEBRUARY 28, 2023 3. The maximum amount of this Agreement is: $999,998.00 4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Scope of Work 3 Exhibit B Budget Detail and Payment Provisions 4 Exhibit C General Terms and Conditions (04/2017) 4 Exhibit D Special Terms and Conditions 5 Attachment 1* Youth Reinvestment Grant (YRG) Program Request for Proposals * Attachment 2 YRG Application for Funding 44 Appendix A YRG Program Executive Steering Committee 1 Appendix B: Appendix B Criteria for Non-Governmental Organizations Receiving YRG Program Funds 2 * This item is hereby incorporated by reference and can be viewed at: http://www.bscc.ca.gov/s_youthreinvestmentgrant IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) CITY OF SAN BERNARDINO CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP TERI LEDOUX PRINTED NAME OF PERSON SIGNING TITLE City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED  STATE OF CALIFORNIA CONTRACTING AGENCY NAME BOARD OF STATE AND COMMUNITY CORRECTIONS CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2590 Venture Oaks Way, Suite 200 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE MARY JOLLS Deputy Director CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED  CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06 20.c Packet Pg. 1152 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 1 of 3 EXHIBIT A SCOPE OF WORK 1.GRANT AGREEMENT – YOUTH REINVESTMENT GRANT PROGRAM This Grant Agreement is between the State of California, Board of State and Community Corrections (hereafter referred to as the BSCC) and the City of San Bernardino (hereafter referred to as the Grantee). 2.PROJECT SUMMARY AND ADMINISTRATION A.The San Bernardino Youth Reinvestment & Development Program is designed to divert youth from the juvenile justice system through evidence-based, trauma informed case management, age appropriate, and culturally relevant programming. The project will utilize best practices and principals that ensure equitable services for crossover youth and youth at risk for crossing over to the justice system to reduce the disparities among youth in the City of San Bernardino using the Crossover Youth Practice Model. The project will afford the City of San Bernardino the opportunity to provide primary and secondary prevention services for San Bernardino city youth who are among the States’ highest impacted by the cycle of violence. B.Grantee agrees to administer the project in accordance with Attachment 1: YRG Program Request for Proposals (incorporated by reference) and Attachment 2: YRG Application for Funding, which are attached and hereto made part of this agreement. 3.PROJECT OFFICIALS A.The BSCC's Executive Director or designee shall be the BSCC's representative for administration of the Grant Agreement and shall have authority to make determinations relating to any controversies that may arise under or regarding the interpretation, performance, or payment for work performed under this Grant Agreement. B.The Grantee’s project officials shall be those identified as follows: Authorized Officer with legal authority to sign: Name: Teri Ledoux Title: City Manager Address: 290 North D Street, San Bernardino, CA 92401 Phone: (909) 384-5122 Designated Financial Officer authorized to receive warrants: Name: Jim Slobojan Title: Deputy Director of Finance Address: 290 North D Street, San Bernardino, CA 92401 Phone: (909) 384-5086 Fax: Email: slobojan_ji@sbcity.org Project Director authorized to administer the project: Name: David Miranda Title: Violence Intervention Program Manager Address: 290 North D Street, San Bernardino, CA 92401 20.c Packet Pg. 1153 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 2 of 3 EXHIBIT A SCOPE OF WORK Phone: (909) 384-5122 Fax: Email: miranda_da@sbcity.org C. Either party may change its project representatives upon written notice to the other party. D. By signing this Grant Agreement, the Authorized Officer listed above warrants that he or she has full legal authority to bind the entity for which he or she signs. 4. DATA COLLECTION Grantees will be required to comply with all data collection and reporting requirements as described in the Youth Reinvestment Grant Program Request for Proposals (RFP). 5. REPORTING REQUIREMENTS A. Quarterly Progress Reports Grantee will submit quarterly progress reports in a format prescribed by the BSCC. These reports, which will describe progress made on program objectives and include required data, shall be submitted according to the following schedule: Progress Reporting Periods Due no later than: 1. July 1, 2019 to September 30, 2019 November 14, 2019 2. October 1, 2019 to December 31, 2019 February 14, 2020 3. January 1, 2020 to March 31, 2020 May 15, 2020 4. April 1, 2020 to June 30, 2020 August 14, 2020 5. July 1, 2020 to September 30, 2020 November 16, 2020 6. October 1, 2020 to December 31, 2020 February 15, 2021 7. January 1, 2021 to March 31, 2021 May 17, 2021 8. April 1, 2021 to June 30, 2021 August 16, 2021 9. July 1, 2021 to September 30, 2021 November 15, 2021 10. October 1, 2021 to December 31, 2021 February 14, 2022 11. January 1, 2022 to March 31, 2022 May 16, 2022 12. April 1, 2022 to June 30, 2022 August 15, 2022 13. July 1, 2022 to September 30, 2022 November 14, 2022 14. October 1, 2022 to December 31, 2022 February 14, 2023 15. January 1, 2023 to February 28, 2023 April 14, 2023 B. Evaluation Documents Due no later than: 1. Local Evaluation Plan October 31, 2019 2. Final Local Evaluation Report December 31, 2022 C. Other Grantees shall submit all other reports and data as required by the BSCC. 20.c Packet Pg. 1154 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 3 of 3 EXHIBIT A SCOPE OF WORK 6. PROJECT RECORDS A. The Grantee shall establish an official file for the project. The file shall contain adequate documentation of all actions taken with respect to the project, including copies of this Grant Agreement, approved program/budget modifications, financia l records, and required reports. The Grantee shall establish separate accounting records and maintain documents and other evidence sufficient to properly reflect the amount, receipt, and disposition of all project funds, including grant funds and any matching funds by the Grantee and the total cost of the project. Source documentation includes copies of all awards, applications, approved modifications, financial records, and narrative reports. B. Personnel and payroll records shall include the time and at tendance reports for all individuals reimbursed under the grant, whether they are employed full-time or part- time. Time and effort reports are also required for all subcontractors and consultants. C. The grantee shall maintain documentation of donated goods and/or services, including the basis for valuation. D. Grantee agrees to protect records adequately from fire or other damage. When records are stored away from the Grantee’s principal office, a written index of the location of records stored must be on hand and ready access must be assured. E. All Grantee records relevant to the project must be preserved a minimum of three (3) years after closeout of the grant project and shall be subject at all reasonable times to inspection, examination, monitoring, copying, excerpting, transcribing, and auditing by the BSCC or designees. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until th e completion of the action and resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later. 7. CONFLICT OF INTEREST A. Existing law prohibits any grantee, subgrantee, partner, or like party who participated on the Youth Reinvestment Grant Program Executive Steering Committee (ESC) from receiving funds awarded under the Youth Reinvestment Grant RFP. Applicants who are awarded grants under this RFP are responsible for reviewing the Youth Reinvestment Grant Program ESC membership roster (see Contract Appendix A) and ensuring no grant dollars are passed through to any entity represented by the members of the Youth Reinvestment Grant Program ESC. B. In cases of an actual conflict of interest with an ESC member, the Board may revoke the grant award and legal consequences could exist for the parties involved, including, but not limited to, repayment of the grant award. 20.c Packet Pg. 1155 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 1 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. STATEMENTS OF EXPENDITURES AND PAYMENTS A. Grantees who are not yet registered with the State Controller’s Office are required to complete a Government Agency Taxpayer ID Form before any payment can be issued. Within 45 days of the execution date of this agreement or a later date mutually agreed to by the parties, the BSCC shall disburse one -third of the total awarded funds to Grantee. Grantee shall deposit grant funds into a banking account established by Grantee. Grant funds shall not be comingled with any other funds. Any interest earned on the account may only be used for allowable expenses during the grant period. Grantee shall only use grant funds for allowable costs (see Exhibit B, “Project Costs”) and shall provide statements of expenditures and supporting documentation to the BSCC upon request and on a quarterly basis as set forth in the schedule below. When Grantee has expended 80% of the first one-third of disbursed funds, Grantee may request that the BSCC disburse the next one-third of the award. The BSCC shall remit the second one -third of the award within 45 days of grantees request provided the grantee has satisfied the terms and conditions of this grant agreement, Grantee has submitted the required documentation of expenditures, and the BSCC has approved the expenditures. When Grantee has expended 80% of the second one-third of disbursed funds, Grantee may request that the BSCC disburse the next one-third of the award. The BSCC shall remit the final one-third of the award within 45 days of Grantee’s request provided that Grantee has satisfied the terms and conditions of this grant agreement, Grantee has submitted the required documentation of expenditures, and the BSCC has approved the expenditures. Grant Cycle Quarterly Expenditure Periods Due No Later Than: 1. July 1, 2019 to September 30, 2019 November 14, 2019 2. October 1, 2019 to December 31, 2019 February 14, 2020 3. January 1, 2020 to March 31, 2020 May 15, 2020 4. April 1, 2020 to June 30, 2020 August 14, 2020 5. July 1, 2020 to September 30, 2020 November 16, 2020 6. October 1, 2020 to December 31, 2020 February 15, 2021 7. January 1, 2021 to March 31, 2021 May 17, 2021 8. April 1, 2021 to June 30, 2021 August 16, 2021 9. July 1, 2021 to September 30, 2021 November 15, 2021 10. October 1, 2021 to December 31, 2021 February 14, 2022 11. January 1, 2022 to March 31, 2022 May 16, 2022 12. April 1, 2022 to June 30, 2022 August 15, 2022 13. July 1, 2022 to September 30, 2022 November 14, 2022 14. October 1, 2022 to December 31, 2022 February 14, 2023 15. January 1, 2023 to February 28, 2023 April 14, 2023 20.c Packet Pg. 1156 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 2 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS B. If, at any time, the BSCC determines that the advance payment schedule set forth in Paragraph 1(A) is no longer appropriate for the administration of the grant program, the BSCC may require Grantee to receive reimbursement in arrears upon 30-day notice to Grantee. C. All grant project expenditures and all obligated match contributions must be incurre d by the end of the grant project cycle, February 28, 2023, and included on the final statement of expenditures due April 14, 2023. Project costs/match contributions incurred after February 28, 2023 will not be reimbursed/eligible for contribution. D. The Final Local Evaluation Report is due to the BSCC by December 31, 2022. All fiscal supporting documentation for expenditures related to the Final Local Evaluation Report must be submitted to the BSCC by the due date of February 14, 2023. E. A statement of expenditures is due to the BSCC even if grant funds are not expended during the reporting period. Supporting documentation must be submitted for expenditures upon BSCC’s request. All supporting documentation must be maintained by the grantee on site and be readily available for review during BSCC site visits. F. Any unspent funds remaining at the end of the agreement term, including any interest earned, must be returned to the BSCC within 30 days of the end of the grant agreement. 2. GRANT AMOUNT AND LIMITATION A. In no event shall the BSCC be obligated to pay any amount in excess of the grant award. Grantee waives any and all claims against the BSCC and the State of California on account of project costs that may exceed the sum of the grant award. B. Under no circumstance will a budget item change be authorized that would cause the project to exceed the amount of the grant award identified in this Grant Agreement. 3. BUDGET CONTINGENCY CLAUSE A. This grant agreement is valid through Youth Reinvestment Grant Program funding generated from the General Fund. The Grantee agrees that the BSCC’s obligation to pay any sum to the grantee under any provision of this agreement is contingent upon the availability of sufficient funding granted through the California Budget Act of 2018 (Senate Bill 840, Chapter 29, Statutes of 2018). It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall be of no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. 20.c Packet Pg. 1157 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 3 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS B. If Youth Reinvestment Grant Program funding is reduced or falls below estimates contained within the Youth Reinvestment Grant Program Request for Proposals, the BSCC shall have the option to either cancel this Grant Agreement with no liabili ty occurring to the BSCC or offer an amendment to this agreement to the Grantee to reflect a reduced amount. C. If BSCC cancels the agreement pursuant to Paragraph 3(B) or Grantee does not agree to an amendment in accordance with the option provided by Paragraph 3(B), it is mutually agreed that the Grant Agreement shall have no further force and effect. In this event, the BSCC shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and G rantee shall not be obligated to perform any provisions of this Grant Agreement except that Grantee shall be required to maintain all project records required by Paragraph 6 of Exhibit A for a period of three (3) years following the termination of this agreement. 4. PROJECT COSTS A. The grantee agrees to comply with the BSCC Grant Administration Guide requirements as posted on the BSCC website (currently the BSCC Grant Administration Guide July 2016) including any updated version that may be posted during the term of the grant agreement. The BSCC will notify grantees whenever an updated version is posted. The BSCC Grant Administration Guide is available at http://www.bscc.ca.gov/wp-content/uploads/BSCC-Grant-Admin-Guide-July- 2016.pdf B. The provisions of the BSCC Grant Administration Guide are incorporated by reference into this agreement and Grantee shall be responsible for adhering to the requirements set forth therein. To the extent any of the provisions of the BSCC Grant Administration Guide and this agreement conflict, the language in this agreement shall prevail. C. Grantee is responsible for ensuring that statements of expenditures submitted to the BSCC document actual expenditures for eligible project costs. D. Grantee shall, upon demand, remit to the BSCC any grant funds not expended for eligible project costs or an amount equal to any grant funds expended by the Grantee in violation of the terms, provisions, conditions or commitments of this Grant Agreement. E. Grant funds must be used to support new program activities or to augment existing funds that expand current program activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that have been appropriated for the same purpose. Violations can result in recoupment of monies provided under this grant or suspension of future program funding through BSCC grants. F. Grantee may not use any other BSCC grant funds or BSCC grant funded personnel or supplies to satisfy the match requirement of this grant program. 20.c Packet Pg. 1158 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 4 of 4 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 5. PROMPT PAYMENT CLAUSE Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927. 6. WITHHOLDING OF GRANT DISBURSEMENTS A. The BSCC may withhold all or any portion of the grant funds provided by this Grant Agreement in the event the Grantee has materially and substantially breached the terms and conditions of this Grant Agreement. B. The BSCC will not approve grantee expenditures for costs identified as ineligible for grant funding. If grant funds have been provided for costs subsequently deemed ineligible, the BSCC may either withhold an equal amount from future payments to the Grantee or require repayment of an equal amount to the State by the Grantee. C. In the event that grant funds are withheld from the Grantee, the BSCC’s Executive Director or designee shall notify the Grantee of the reasons for withholding and advise the Grantee of the time within which the Grantee may remedy the failure or violation leading to the withholding. 7. PROJECT BUDGET Total Budget Grant Funds Match Funds Total 1. Salaries and Benefits $0 $0 $0 2. Services and Supplies $0 $0 $0 3. Professional Services $0 $0 $0 4. Non-Governmental Organization (NGO) Subcontracts $999,998 $115,467 $1,115,465 5. Equipment/Fixed Assets $0 $0 $0 6. Data Collection $0 $0 $0 7. Project Evaluation $0 $0 $0 8. Other (Travel, Training, etc.) $0 $0 $0 9. Indirect Costs $0 $0 $0 TOTAL $999,998 $115,467 $1,115,465 20.c Packet Pg. 1159 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained. 2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written agreement. 4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years af ter final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §§10115 et seq., CCR Title 2, Section 1896). 5. INDEMNIFICATION: Contractor agrees to indemnify, defend and hold harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, a nd any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement. 6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute. 7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand. 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State. 9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication 20.c Packet Pg. 1160 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 2 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205). 10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provision s of the Fair Employment and Housing Act (Gov. Code §§12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. 11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto. 12. TIMELINESS: Time is of the essence in this Agreement. 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided. 14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California. 15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below. A. The Government Code Chapter on Antitrust claims contains the following definitions: 20.c Packet Pg. 1161 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 3 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. B. In submitting a bid to a public purchasing body, the bidder of fers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. C. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned un der this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. D. Upon demand in writing by the assignor, the assignee shall, within one year fr om such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: A. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and B. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is p roviding the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 20.c Packet Pg. 1162 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 4 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS (04/2017) 18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353. 19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS: A. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) B. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Con tractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.) 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344 (e).) 20.c Packet Pg. 1163 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 1 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. GRANTEE’S GENERAL RESPONSIBILITY A. Grantee agrees to comply with all terms and conditions of this Grant Agreement. Review and approval by the BSCC is solely for the purpose of prop er administration of grant funds and shall not be deemed to relieve or restrict the Grantee’s responsibility. B. Grantee is responsible for the performance of all project activities identified in Attachment 1: YRG Program Request for Proposals and Attachment 2: YRG Application for Funding. C. Grantee shall immediately advise the BSCC of any significant problems or changes that arise during the course of the project. 2. GRANTEE ASSURANCES AND COMMITMENTS A. Compliance with Laws and Regulations This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Grantee shall at all times comply with all applicable State laws, rules and regulations, and all applicable local ordi nances. B. Fulfillment of Assurances and Declarations Grantee shall fulfill all assurances, declarations, representations, and statements made by the Grantee in Attachment 1: YRG Program Request for Proposal and Attachment 2: YRG Application for Funding, documents, amendments, approved modifications, and communications filed in support of its request for grant funds. C. Permits and Licenses Grantee agrees to procure all permits and licenses necessary to complete the project, pay all charges and fees, and give all notices necessary or incidental to the due and lawful proceeding of the project work. 3. POTENTIAL SUBCONTRACTORS A. In accordance with the provisions of this Grant Agreement, the Grantee may subcontract for services needed to implement and/or support program a ctivities. Grantee agrees that in the event of any inconsistency between this Grant Agreement and Grantee’s agreement with a subcontractor, the language of this Grant Agreement will prevail. B. Nothing contained in this Grant Agreement or otherwise, shall create any contractual relation between the BSCC and any subcontractors, and no subcontract shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the BSCC for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its subcontractors is an independent obligation from the BSCC's obligation to make payments to the Grantee. As a result, the BSCC shall have no obligation to pay or to enforce the payment of any moneys to any subcontractor. 20.c Packet Pg. 1164 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 2 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS C. Grantee shall ensure that all subcontractors comply with the eligibility requirements stated in the Youth Reinvestment Grant Program RFP and described in Appendix B. D. Grantee assures that for any subcontract awarded by the Grantee, such insurance and fidelity bonds, as is customary and appropriate, will be obtained. E. Grantee agrees to place appropriate language in all subcontracts for work on the project requiring the Grantee’s subcontractors to: 1) Books and Records Maintain adequate fiscal and project books, records, documents, and other evidence pertinent to the subcontractor’s work on the project in accordance with generally accepted accounting principles. Adequate supporting documentation shall be maintained in such detail so as to permit tracing transactions from the invoices, to the accounting records, to the supporting documentation. These records shall be maintained for a minimum of three (3) years after the acceptance of the final local evaluation report under the Grant Agreement, and shall be subject to examination and/or audit by the BSCC or designees, state government auditors or designees, or by federal government auditors or designees. 2) Access to Books and Records Make such books, records, supporting documentations, and other evidence available to the BSCC or designee, the State Controller’s Office, the Department of General Services, the Department of Finance, California State Auditor, and their designated representatives during the course of the project and for a minimum of three (3) years after acceptance of the final grant project audit. The Subcontractor shall provide suitable facilities for access, monitoring, inspection, and copying of books and records related to the grant -funded project. 4. PROJECT ACCESS Grantee shall ensure that the BSCC, or any authorized representative, will have suitable access to project activities, sites, staff and documents at all reasonable times during the grant period including those maintained by subcontractors. Access to program records will be made available by both the grantee and the subcontractors for a period of three (3) years following the end of the grant period. 5. ACCOUNTING AND AUDIT REQUIREMENTS A. Grantee agrees that accounting procedures for grant funds received pu rsuant to this Grant Agreement shall be in accordance with generally accepted government accounting principles and practices, and adequate supporting documentation shall be maintained in such detail as to provide an audit trail. Supporting documentation shall permit the tracing of transactions from such documents to relevant accounting records, financial reports and invoices. B. The BSCC reserves the right to call for a program or financial audit at any time between the execution of this Grant Agreement and three years following the end 20.c Packet Pg. 1165 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 3 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS of the grant period. At any time, the BSCC may disallow all or part of the cost of the activity or action determined to not be in compliance with the terms and conditions of this Grant Agreement, or take other remedies legally available. 6. DEBARMENT, FRAUD, THEFT OR EMBEZZLEMENT It is the policy of the BSCC to protect grant funds from unreasonable risks of fraudulent, criminal, or other improper use. As such, the Board will not enter into contracts or provide reimbursement to grantees that have been: 1) debarred by any federal, state, or local government entities during the period of debarment; or 2) convicted of fraud, theft, or embezzlement of federal, state, or local government grant funds for a period of three years following conviction. Furthermore, the BSCC requires grant recipients to provide an assurance that there has been no applicable debarment, disqualification, suspension, or removal from a federal, state or local grant program on the part of the grantee at the time of application and that the grantee will immediately notify the BSCC should such debarment or conviction occur during the term of the Grant contract. BSCC also requires that all grant recipients include, as a condition of award to a subgrantee or subcontractor, a requirement that the subgrantee or subcontractor will provide the same assurances to the grant recipient. If a grant recipient wishes to consider a subgrantee or subcontractor that has been debarred or convicted, the grant recipient must submit a written request for exception to the BSCC along with supporting documentation. All Grantees must have on file with the BSCC a completed and signed Certification of Compliance with BSCC Policies on Debarment, Fra ud, Theft and Embezzlement (Required as Appendix I of the original Proposal Package). 7. MODIFICATIONS No change or modification in the project will be permitted without prior written approval from the BSCC. Changes may include modification to project scope, changes to performance measures, compliance with collection of data elements, and other significant changes in the budget or program components contained in the Application for Funding. Changes shall not be implemented by the project until authorized by t he BSCC. 8. TERMINATION A. This Grant Agreement may be terminated by the BSCC at any time after grant award and prior to completion of project upon action or inaction by the Grantee that constitutes a material and substantial breech of this Grant Agreement. Su ch action or inaction includes but is not limited to: 1) substantial alteration of the scope of the grant project without prior written approval of the BSCC; 20.c Packet Pg. 1166 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 4 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS 2) refusal or inability to complete the grant project in a manner consistent with Attachment 1: YRG Program Request for Proposals, Attachment 2: YRG Application for Funding, or approved modifications; 3) failure to meet prescribed assurances, commitments, recording, accounting, auditing, and reporting requirements of the Grant Agreement. B. Prior to terminating the Grant Agreement under this provision, the BSCC shall provide the Grantee at least 30 calendar days written notice stating the reasons for termination and effective date thereof. The Grantee may appeal the termination decision in accordance with the instructions listed in Exhibit D: Special Terms and Conditions, Number 9. Settlement of Disputes. 9. SETTLEMENT OF DISPUTES A. The parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute persists, the Grantee shall submit to the BSCC Corrections Planning and Grant Programs Division Deputy Director a written demand for a final decision regarding the disposition of any dispute between the parties arising under, related to, or involving this Grant Agreement. Grantee’s written demand shall be fully supported by factual information. The BSCC Corrections Planning and Grant Programs Division Deputy Director shall have 30 days after receipt of Grantee’s written demand invoking this Section “Disputes” to render a written decision. If a written decision is not rendered within 30 days after receipt of the Grantee’s demand, it shall be deemed a dec ision adverse to the Grantee’s contention. If the Grantee is not satisfied with the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the Grantee may appeal the decision, in writing, within 15 days of its issuance (or the expiration of the 30-day period in the event no decision is rendered), to the BSCC Executive Director, who shall have 45 days to render a final decision. If the Grantee does not appeal the decision of the BSCC Corrections Planning and Grant Programs Division Deputy Director, the decision shall be conclusive and binding regarding the dispute and the Contractor shall be barred from commencing an action in court, or with the Victims Compensation Government Claims Board, for failure to exhaust Grantee’s administrative remedies. B. Pending the final resolution of any dispute arising under, related to or involving this Grant Agreement, Grantee agrees to diligently proceed with the performance of this Grant Agreement, including the providing of services in accordance with the Grant Agreement. Grantee’s failure to diligently proceed in accordance with the State’s instructions regarding this Grant Agreement shall be considered a material breach of this Grant Agreement. C. Any final decision of the State shall be expressl y identified as such, shall be in writing, and shall be signed by the Executive Director, if an appeal was made. If the Executive Director fails to render a final decision within 45 days after receipt of the Grantee’s appeal for a final decision, it shall be deemed a final decision adverse to the Grantee’s contentions. The State’s final decision shall be conclusive and binding regarding the dispute unless the Grantee commences an action in a court of competent jurisdiction to contest such decision within 90 days following 20.c Packet Pg. 1167 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 5 of 5 EXHIBIT D SPECIAL TERMS AND CONDITIONS the date of the final decision or one (1) year following the accrual of the cause of action, whichever is later. D. The dates of decision and appeal in this section may be modified by mutual consent, as applicable, excepting the time to commence an action in a court of competent jurisdiction. 10. UNION ACTIVITIES For all agreements, except fixed price contracts of $50,000 or less, the Grantee acknowledges that applicability of Government Code sections 16645 through 16649 to this Grant Agreement and agrees to the following: A. No State funds received under the Grant Agreement will be used to assist, promote or deter union organizing. B. Grantee will not, for any business conducted under the Grant Agreement, use any State property to hold meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter union organizing, unless the State property is equally available to the general public for holding meetings. C. If Grantee incurs costs or makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no reimbursement from State funds has been sought for these costs, and that Grantee shall provide those records to the Attorney General upon request. 11. WAIVER The parties hereto may waive any of their rights under this Grant Agreement unless such waiver is contrary to law, provided that any such waiver shall be in writing and signed by the party making such waiver. 20.c Packet Pg. 1168 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1169 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1170 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant $999,998.00 20.c Packet Pg. 1171 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1172 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1173 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1174 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1175 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1176 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1177 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1178 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1179 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1180 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1181 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1182 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1183 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1184 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1185 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1186 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1187 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1188 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1189 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1190 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1191 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1192 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1193 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1194 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1195 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1196 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1197 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 20.c Packet Pg. 1198 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,491 $272,727 $304,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $31,491 $272,727 $304,218 Required match for Year 1:10%: no less than:$27,273 25%: no less than:$68,182 Match Grant Funds Total $0 $0 $0 $0 $0 $0 Salaries and Benefits Match Grant Funds Total $0 $0 $0 $0 $0 $0 Description of Professional Service(s)Match Grant Funds Total $0 $0 $0 $0 $0 $0 Professional Services Narrative Description of Subcontract Match Grant Funds Total $29,920 $262,722 $0 $0 $3,550 $0 $1,571 $3,728 $0 $0 $2,727 $0 $31,491 $272,727 $304,218 4. Non-Governmental Organizations (NGO) Subcontracts Calculation for Expenditure TOTALS TOTAL Calculation for Expenditure 1. Salaries and Benefits 2. Services and Supplies 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts 5. Equipment/Fixed Assets 6. Data Collection 8. Other (Travel, Training, etc.) TOTAL Description of Services or Supplies 7. Project Evaluation 1. Salaries and Benefits Calculation for Expenditure See detail in narrative below Budget Line Item Contract with UCCIE - Personnel Contract with UCCIE - Travel Contract with UCCIE - Supplies Contract with UCCIE - Subcontract See detail in narrative below City of San Bernardino 3. Professional Services 2. Services and Supplies Name and Title Name of California County or City: Services and Supplies Narrative: (% FTE or Hourly Rate) & Benefits TOTAL Section 4: Youth Reinvestment Grant - Year 1 Prorgram Budget and Budget Narrative Year 1 Program Budget: July 1, 2019 thru June 30, 2020 See detail in narrative below See detail in narrative below TOTAL 20.c Packet Pg. 1199 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Description of Equipment/Fixed Asset Match Grant Funds Total $0 $0 $0 $0 $0 $0 Equipment/Fixed Assets Narrative Match Grant Funds Total $0 $0 $0 $0 $0 $0 Data Collection Match Grant Funds Total $0 $0 $0 $0 $0 $0 Project Evaluation Narrative: Match Grant Funds Total $0 $0 $0 $0 $0 $0 Other (Travel, Training, etc.) Narrative: TOTAL Description Non-Governmental Organizations (NGO) Subcontracts Narrative Description 7. Project Evaluation Description 5. Equipment/Fixed Assets 6. Data Collection 8. Other (Travel, Training, etc.) Calculation for Expense TOTALS TOTAL Calculation for Expense TOTAL UCCIE-Personnel: 10 Corpsmember(s) for 5.50 hours per day for 191 days for 10505 total hours. @ $13.71 per hour for a total of $144,069 + benefits @ 28.91% = $185,719 12 Youth Stipends for 5.00 hours per day for 191 days for 11460 total hours @ $7.00 per hour (stipend basis) for a total of $80,220 + benefits @ 28.91% =$103,412 1 Program Director (Sandy Bonilla) for 8.00 hours per day for 496.6 days for 3973 total hours @ $34.12 per hour for a total of $135,546.97 + benefits @ 24.52% = $168,783) 65% match (grant=$59,074, match=$109,709 1 Program Manager (Andrew Goodman ) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 23.46% = $240,345 1 MFT (Robert Sega) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 25.22% = $243,775 1 ONH ( Director) (Russell Degnan ) for 4 hours per day for 95.5 days for 382 total hours. @ $30.84 per hour for a total of $11,779 + benefits @ 24.95% = $14,719 1 Program Assistant (Anitress Moreno) for 8 hours per day for 477.5 days for 3820 total hours @ $24.98 per hour for a total of $95,440 + benefits @ 21.83% =$116,275 Total Grant : $963,316 divided by 44 months times 12 months = $262,722 / Total Match: $109,709 divided by 44 months times 12 months = $29,920 UCCIE-Travel 150 roundtrip miles for 44 trips for 6600 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport Youth Stipends =$3,828 60 roundtrip miles for 264 trips for 15840 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport management to oversee the projects = $9,187.20 Total Grant: $13,015.20 divided by 44 months times 12 months = $3,550 UCCIE - Supplies: Educational supplies @ $5,029 Vests, tools, safety equipment for participants, water bottles, etc. @ $14,400 (60% grant - $8,640, 40% match - $5,760) Total grant: $13,669 divided by 44 months times 12 months = $3,728 Total match: $5,760 divided by 44 months times 12 months = $1,571 UCCIE - Sub-contract: 1 contract with Dr. Herz Contract for Program Design Model Development @ $10,000 divided by 44 months times 12 months = $2,727 20.c Packet Pg. 1200 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total Required match for Year 1:10%, no less than:$27,273 25%, no less than:$68,182 $0 $0 $0 $0 $13,636 $0 $0 $0 $0 $0 Indirect Costs Narrative: If the amount entered above turns red, adjust it to not exceed the line-item limit noted: TOTAL Indirect costs may be charged by choosing only one of options 1) or 2) listed below. 2) Indirect costs will be charged as 5% of direct total direct project costs (excluding equipment). Total indirect costs cannot exceed: 1) Indirect costs will be charged as 10% of total direct salaries and wages. Total indirect costs cannot exceed: 9. Indirect Costs 20.c Packet Pg. 1201 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,491 $272,727 $304,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $31,491 $272,727 $304,218 Required match for Year 2:10%: no less than:$27,273 25%: no less than:$68,182 Match Grant Funds Total $0 $0 $0 $0 $0 $0 Salaries and Benefits Match Grant Funds Total $0 $0 $0 $0 $0 $0 Description of Professional Service(s)Match Grant Funds Total $0 $0 $0 $0 $0 $0 Professional Services Narrative Description of Subcontract Match Grant Funds Total $29,920 $262,722 $0 $0 $3,550 $0 $1,571 $3,728 $0 $0 $2,727 $0 $31,491 $272,727 $304,218 Section 4: Youth Reinvestment Grant - Year 1 Prorgram Budget and Budget Narrative Name of California County or City:City of San Bernardino Year 2 Program Budget: July 1, 2020 thru June 30, 2021 Budget Line Item 7. Project Evaluation 8. Other (Travel, Training, etc.) TOTAL 1. Salaries and Benefits Name and Title (% FTE or Hourly Rate) & Benefits 1. Salaries and Benefits 2. Services and Supplies 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts 5. Equipment/Fixed Assets 6. Data Collection TOTAL 2. Services and Supplies Description of Services or Supplies Calculation for Expenditure TOTAL Services and Supplies Narrative: 3. Professional Services Calculation for Expenditure TOTAL 4. Non-Governmental Organizations (NGO) Subcontracts Calculation for Expenditure Contract with UCCIE - Personnel See detail in narrative below TOTALS Contract with UCCIE - Travel See detail in narrative below Contract with UCCIE - Supplies See detail in narrative below Contract with UCCIE - Subcontract See detail in narrative below 20.c Packet Pg. 1202 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Description of Equipment/Fixed Asset Match Grant Funds Total $0 $0 $0 $0 $0 $0 Equipment/Fixed Assets Narrative Match Grant Funds Total $0 $0 $0 $0 $0 $0 Data Collection Match Grant Funds Total $0 $0 $0 $0 $0 $0 Project Evaluation Narrative: Match Grant Funds Total $0 $0 $0 $0 $0 $0 Other (Travel, Training, etc.) Narrative: Non-Governmental Organizations (NGO) Subcontracts Narrative UCCIE-Personnel: 10 Corpsmember(s) for 5.50 hours per day for 191 days for 10505 total hours. @ $13.71 per hour for a total of $144,069 + benefits @ 28.91% = $185,719 12 Youth Stipends for 5.00 hours per day for 191 days for 11460 total hours @ $7.00 per hour (stipend basis) for a total of $80,220 + benefits @ 28.91% =$103,412 1 Program Director (Sandy Bonilla) for 8.00 hours per day for 496.6 days for 3973 total hours @ $34.12 per hour for a total of $135,546.97 + benefits @ 24.52% = $168,783) 65% match (grant=$59,074, match=$109,709 1 Program Manager (Andrew Goodman ) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 23.46% = $240,345 1 MFT (Robert Sega) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 25.22% = $243,775 1 ONH ( Director) (Russell Degnan ) for 4 hours per day for 95.5 days for 382 total hours. @ $30.84 per hour for a total of $11,779 + benefits @ 24.95% = $14,719 1 Program Assistant (Anitress Moreno) for 8 hours per day for 477.5 days for 3820 total hours @ $24.98 per hour for a total of $95,440 + benefits @ 21.83% =$116,275 Total Grant : $963,316 divided by 44 months times 12 months = $262,722 / Total Match: $109,709 divided by 44 months times 12 months = $29,920 UCCIE-Travel 150 roundtrip miles for 44 trips for 6600 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport Youth Stipends =$3,828 60 roundtrip miles for 264 trips for 15840 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport management to oversee the projects = $9,187.20 Total Grant: $13,015.20 divided by 44 months times 12 months = $3,550 UCCIE - Supplies: Educational supplies @ $5,029 Vests, tools, safety equipment for participants, water bottles, etc. @ $14,400 (60% grant - $8,640, 40% match - $5,760) Total grant: $13,669 divided by 44 months times 12 months = $3,728 Total match: $5,760 divided by 44 months times 12 months = $1,571 UCCIE - Sub-contract: 1 contract with Dr. Herz Contract for Program Design Model Development @ $10,000 divided by 44 months times 12 months = $2,727 5. Equipment/Fixed Assets TOTALS Calculation for Expense TOTAL 7. Project Evaluation Description 6. Data Collection Description TOTAL 8. Other (Travel, Training, etc.) Description Calculation for Expense TOTAL 20.c Packet Pg. 1203 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total *Required match for Year 2:10%, no less than:$27,273 25%, no less than:$68,182 $0 $0 $0 $0 $13,636 $0 $0 $0 $0 $0 $0 Indirect Costs Narrative: 1) Indirect costs will be charged as 10% of total direct salaries and wages. Total indirect costs cannot exceed: 2) Indirect costs will be charged as 5% of direct total direct project costs (excluding equipment). Total indirect costs cannot exceed: If the amount entered above turns red, adjust it to not exceed the line-item limit noted: TOTAL 9. Indirect Costs Indirect costs may be charged by choosing only one of options 1) or 2) listed below. 20.c Packet Pg. 1204 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,491 $272,727 $304,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $31,491 $272,727 $304,218 Required match for Year 3:10%: no less than:$27,273 25%: no less than:$68,182 Match Grant Funds Total $0 $0 $0 $0 $0 $0 Salaries and Benefits Match Grant Funds Total $0 $0 $0 $0 $0 $0 Description of Professional Service(s)Match Grant Funds Total $0 $0 $0 $0 $0 $0 Professional Services Narrative Description of Subcontract Match Grant Funds Total $29,920 $262,722 $0 $0 $3,550 $0 $1,571 $3,728 $0 $0 $2,727 $0 $31,491 $272,727 $304,218 Section 4: Youth Reinvestment Grant - Year 1 Prorgram Budget and Budget Narrative Name of California County or City:City of San Bernardino Year 3 Program Budget: July 1, 2021 thru June 30, 2022 Budget Line Item 7. Project Evaluation 8. Other (Travel, Training, etc.) TOTAL 1. Salaries and Benefits Name and Title (% FTE or Hourly Rate) & Benefits 1. Salaries and Benefits 2. Services and Supplies 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts 5. Equipment/Fixed Assets 6. Data Collection TOTAL 2. Services and Supplies Description of Services or Supplies Calculation for Expenditure TOTAL Services and Supplies Narrative: 3. Professional Services Calculation for Expenditure TOTAL 4. Non-Governmental Organizations (NGO) Subcontracts Calculation for Expenditure Contract with UCCIE - Personnel See detail in narrative below TOTALS Contract with UCCIE - Travel See detail in narrative below Contract with UCCIE - Supplies See detail in narrative below Contract with UCCIE - Subcontract See detail in narrative below 20.c Packet Pg. 1205 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Description of Equipment/Fixed Asset Match Grant Funds Total $0 $0 $0 $0 $0 $0 Equipment/Fixed Assets Narrative Match Grant Funds Total $0 $0 $0 $0 $0 $0 Data Collection Match Grant Funds Total $0 $0 $0 $0 $0 $0 Project Evaluation Narrative: Match Grant Funds Total $0 $0 $0 $0 $0 $0 Other (Travel, Training, etc.) Narrative: Non-Governmental Organizations (NGO) Subcontracts Narrative UCCIE-Personnel: 10 Corpsmember(s) for 5.50 hours per day for 191 days for 10505 total hours. @ $13.71 per hour for a total of $144,069 + benefits @ 28.91% = $185,719 12 Youth Stipends for 5.00 hours per day for 191 days for 11460 total hours @ $7.00 per hour (stipend basis) for a total of $80,220 + benefits @ 28.91% =$103,412 1 Program Director (Sandy Bonilla) for 8.00 hours per day for 496.6 days for 3973 total hours @ $34.12 per hour for a total of $135,546.97 + benefits @ 24.52% = $168,783) 65% match (grant=$59,074, match=$109,709 1 Program Manager (Andrew Goodman ) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 23.46% = $240,345 1 MFT (Robert Sega) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 25.22% = $243,775 1 ONH ( Director) (Russell Degnan ) for 4 hours per day for 95.5 days for 382 total hours. @ $30.84 per hour for a total of $11,779 + benefits @ 24.95% = $14,719 1 Program Assistant (Anitress Moreno) for 8 hours per day for 477.5 days for 3820 total hours @ $24.98 per hour for a total of $95,440 + benefits @ 21.83% =$116,275 Total Grant : $963,316 divided by 44 months times 12 months = $262,722 / Total Match: $109,709 divided by 44 months times 12 months = $29,920 UCCIE-Travel 150 roundtrip miles for 44 trips for 6600 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport Youth Stipends =$3,828 60 roundtrip miles for 264 trips for 15840 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport management to oversee the projects = $9,187.20 Total Grant: $13,015.20 divided by 44 months times 12 months = $3,550 UCCIE - Supplies: Educational supplies @ $5,029 Vests, tools, safety equipment for participants, water bottles, etc. @ $14,400 (60% grant - $8,640, 40% match - $5,760) Total grant: $13,669 divided by 44 months times 12 months = $3,728 Total match: $5,760 divided by 44 months times 12 months = $1,571 UCCIE - Sub-contract: 1 contract with Dr. Herz Contract for Program Design Model Development @ $10,000 divided by 44 months times 12 months = $2,727 5. Equipment/Fixed Assets TOTALS Calculation for Expense TOTAL 7. Project Evaluation Description 6. Data Collection Description TOTAL 8. Other (Travel, Training, etc.) Description Calculation for Expense TOTAL 20.c Packet Pg. 1206 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total *Required match for Year 3:10%, no less than:$27,273 25%, no less than:$68,182 $0 $0 $0 $0 $13,636 $0 $0 $0 $0 $0 $0 Indirect Costs Narrative: 1) Indirect costs will be charged as 10% of total direct salaries and wages. Total indirect costs cannot exceed: 2) Indirect costs will be charged as 5% of direct total direct project costs (excluding equipment). Total indirect costs cannot exceed: If the amount entered above turns red, adjust it to not exceed the line-item limit noted: TOTAL 9. Indirect Costs Indirect costs may be charged by choosing only one of options 1) or 2) listed below. 20.c Packet Pg. 1207 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $20,994 $181,817 $202,811 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $20,994 $181,817 $202,811 Required match for Year 4:10%: no less than:$18,182 25%: no less than:$45,454 Match Grant Funds Total $0 $0 $0 $0 $0 $0 Salaries and Benefits Match Grant Funds Total $0 $0 $0 $0 $0 $0 Description of Professional Service(s)Match Grant Funds Total $0 $0 $0 $0 $0 $0 Professional Services Narrative Description of Subcontract Match Grant Funds Total $19,947 $175,148 $0 $0 $2,366 $0 $1,047 $2,485 $0 $0 $1,818 $0 $20,994 $181,817 $202,811 Section 4: Youth Reinvestment Grant - Year 1 Prorgram Budget and Budget Narrative Name of California County or City:City of San Bernardino Year 4 Program Budget: (8 months) July 1, 2022 thru February 28, 2023 Budget Line Item 7. Project Evaluation 8. Other (Travel, Training, etc.) TOTAL 1. Salaries and Benefits Name and Title (% FTE or Hourly Rate) & Benefits 1. Salaries and Benefits 2. Services and Supplies 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts 5. Equipment/Fixed Assets 6. Data Collection TOTAL 2. Services and Supplies Description of Services or Supplies Calculation for Expenditure TOTAL Services and Supplies Narrative: 3. Professional Services Calculation for Expenditure TOTAL 4. Non-Governmental Organizations (NGO) Subcontracts Calculation for Expenditure Contract with UCCIE - Personnel See detail in narrative below TOTALS Contract with UCCIE - Travel See detail in narrative below Contract with UCCIE - Supplies See detail in narrative below Contract with UCCIE - Subcontract See detail in narrative below 20.c Packet Pg. 1208 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Description of Equipment/Fixed Asset Match Grant Funds Total $0 $0 $0 $0 $0 $0 Equipment/Fixed Assets Narrative Match Grant Funds Total $0 $0 $0 $0 $0 $0 Data Collection Match Grant Funds Total $0 $0 $0 $0 $0 $0 Project Evaluation Narrative: Match Grant Funds Total $0 $0 $0 $0 $0 $0 Other (Travel, Training, etc.) Narrative: Non-Governmental Organizations (NGO) Subcontracts Narrative UCCIE-Personnel: 10 Corpsmember(s) for 5.50 hours per day for 191 days for 10505 total hours. @ $13.71 per hour for a total of $144,069 + benefits @ 28.91% = $185,719 12 Youth Stipends for 5.00 hours per day for 191 days for 11460 total hours @ $7.00 per hour (stipend basis) for a total of $80,220 + benefits @ 28.91% =$103,412 1 Program Director (Sandy Bonilla) for 8.00 hours per day for 496.6 days for 3973 total hours @ $34.12 per hour for a total of $135,546.97 + benefits @ 24.52% = $168,783) 65% match (grant=$59,074, match=$109,709 1 Program Manager (Andrew Goodman ) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 23.46% = $240,345 1 MFT (Robert Sega) for 8.00 hours per day for 955 days for 7640 total hours. @ $25.48 per hour for a total of $194,673 + benefits @ 25.22% = $243,775 1 ONH ( Director) (Russell Degnan ) for 4 hours per day for 95.5 days for 382 total hours. @ $30.84 per hour for a total of $11,779 + benefits @ 24.95% = $14,719 1 Program Assistant (Anitress Moreno) for 8 hours per day for 477.5 days for 3820 total hours @ $24.98 per hour for a total of $95,440 + benefits @ 21.83% =$116,275 Total Grant : $963,316 divided by 44 months times 8 months = $175,148 / Total Match: $109,709 divided by 44 months times 8 months = $19,947 UCCIE-Travel 150 roundtrip miles for 44 trips for 6600 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport Youth Stipends =$3,828 60 roundtrip miles for 264 trips for 15840 total miles at $0.580 cost per mile for miles driven from UCCIE site to project site to transport management to oversee the projects = $9,187.20 Total Grant: $13,015.20 divided by 44 months times 8 months = $2,366 UCCIE - Supplies: Educational supplies @ $5,029 Vests, tools, safety equipment for participants, water bottles, etc. @ $14,400 (60% grant - $8,640, 40% match - $5,760) Total grant: $13,669 divided by 44 months times 8 months = $2,485 Total match: $5,760 divided by 44 months times 8 months = $1,047 UCCIE - Sub-contract: 1 contract with Dr. Herz Contract for Program Design Model Development @ $10,000 divided by 44 months times 8 months = $1,818 5. Equipment/Fixed Assets TOTALS Calculation for Expense TOTAL 7. Project Evaluation Description 6. Data Collection Description TOTAL 8. Other (Travel, Training, etc.) Description Calculation for Expense TOTAL 20.c Packet Pg. 1209 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total *Required match for Year 4:10%, no less than:$18,182 25%, no less than:$45,454 $0.00 $0 $0 $0 $9,090.85 $0 $0 $0 $0 $0 $0 Indirect Costs Narrative: 1) Indirect costs will be charged as 10% of total direct salaries and wages. Total indirect costs cannot exceed: 2) Indirect costs will be charged as 5% of direct total direct project costs (excluding equipment). Total indirect costs cannot exceed: If the amount entered above turns red, adjust it to not exceed the line-item limit noted: TOTAL 9. Indirect Costs Indirect costs may be charged by choosing only one of options 1) or 2) listed below. 20.c Packet Pg. 1210 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,491 $272,727 $304,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $31,491 $272,727 $304,218 Required match Year 1:10%: no less than:$27,273 25%: no less than:$68,182 Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,491 $272,727 $304,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $31,491 $272,727 $304,218 Required match Year 2:10%: no less than:$27,273 25%: no less than:$68,182 Name of California County or City: Year 1 Program Budget (7/1/19 - 6/30/20) 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts Section 4: Youth Reinvestment Grant - Program Budget City of San Bernardino 1. Salaries and Benefits 2. Services and Supplies Budget Tables Years 1 - 4 Grant Cycle: July 1, 2019 thru February 28, 2023 5. Equipment/Fixed Assets 7. Project Evaluation 6. Data Collection 5. Equipment/Fixed Assets 4. Non-Governmental Organization (NGO) Subcontracts 3. Professional Services 2. Services and Supplies 1. Salaries and Benefits Year 2 Program Budget (7/1/20 - 6/30/21) 8. Other (Travel, Training, etc.) TOTAL 6. Data Collection 7. Project Evaluation 8. Other (Travel, Training, etc.) TOTAL 20.c Packet Pg. 1211 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $31,491 $272,727 $304,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $31,491 $272,727 $304,218 Required match Year 3:10%: no less than:$27,273 25%: no less than:$68,182 Match Grant Funds Total $0 $0 $0 $0 $0 $0 $0 $0 $0 $20,994 $181,817 $202,811 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 9. Indirect Costs $0 $0 $0 $20,994 $181,817 $202,811 Required match Year 4:10%: no less than:$18,182 25%: no less than:$45,454 Year 3 Program Budget (7/1/21 - 6/30/22) 1. Salaries and Benefits 2. Services and Supplies 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts 5. Equipment/Fixed Assets 6. Data Collection 7. Project Evaluation 8. Other (Travel, Training, etc.) TOTAL Year 4 Program Budget ((8 Months) 7/1/22 - 2/28/23) 1. Salaries and Benefits 2. Services and Supplies 3. Professional Services 4. Non-Governmental Organization (NGO) Subcontracts 5. Equipment/Fixed Assets 6. Data Collection 7. Project Evaluation 8. Other (Travel, Training, etc.) TOTAL 20.c Packet Pg. 1212 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 1 of 1 APPENDIX A YRG Program Executive Steering Committee Name Title Organization/Agency 1 David Steinhart (Co-Chair) Director & BSCC Board Member Commonweal Juvenile Justice Program 2 Mark Varela (Co-Chair) Chief Probation Officer & BSCC Board Member Ventura County Probation Department 3 Jessica Chandler Social Worker Los Angeles County, Department of Children & Family Services 4 Amy Cohen Child, Adolescent, Adult and Family Psychiatry Director Center for Collaborative Parenting 5 Paul Espinosa Captain Los Angeles Police Department 6 Donna Groman Judge Los Angeles County Superior Court 7 Frankie Guzman Director, California Youth Justice Initiative National Center for Youth Law 8 Jane Halladay Goldman Director, Service Systems Program National Center for Child Traumatic Stress 9 Brooke Harris Adjunct Professor & Supervising Clinical Attorney Loyola Law School, Center for Juvenile Law & Policy 10 Olin Jones Founder Olin C. Jones Consulting 11 Patricia Lee Chief Juvenile Public Defender City & County of San Francisco 12 Julio Marcial Director of Youth Justice Liberty Hill Foundation 13 Laura John Ridolfi Policy Director W. Haywood Burns Institute 14 Patricia Soung Policy Director of Youth Justice Children’s Defense Fund - California 20.c Packet Pg. 1213 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 1 of 2 APPENDIX B Criteria for Non-Governmental Organizations Receiving YRG Program Funds The YRG Request for Proposals (RFP) includes requirements that apply to non - governmental, community-based organizations. Grantees are responsible for ensuring that all contracted third parties continually meet these requirements as a condition of receiving YRG funds. The RFP describes these requirements as follows: Any partnering NGO that receives Youth Reinvestment Grant Program funds as a subgrantee, or subcontractor must have been duly organized, in existence, and in good standing at least six months before entering into a fiscal agreement with the BSCC grantee. •Non-governmental organizations entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the fiscal agreement with the BSCC grantee. •Any NGO that receives YRG Grant funds (as either a subgrantee or subcontractor) must: •Have been duly organized, in existence, and in good standing for at least six months prior to the effective date of its fiscal agreement with the YRG grantee. Non-governmental entities that have recently reorganized or have merged with other qualified non-governmental entities that were in existence prior to the six-month date are also eligible, provided all necessary agreements have been executed and filed with the California Secretary of State prior to the start date of the grantee and subcontractor fiscal agreement. •Be registered with the California Secretary of State’s Office, if applicable; •Have a valid business license, Employer Identification Number (EIN), and/or Taxpayer ID (if sole proprietorship); •Have any other state or local licenses or certifications necessary to provide the services requested (e.g., facility licensing by the Department of Health Care Services), if applicable; and •Have a physical address (an exception can be made for an Indian Tribe) Non-Governmental Organizations (NGOs) include: community-based organizations (CBOs), faith-based organizations (FBOs), nonprofit organizations/501(c)(3)s, evaluators (except government institutions such as universities), grant management companies and any other non-governmental agency or individual. Note: These criteria do not apply to government organizations (e.g. counties, cities, school districts, etc.). 20.c Packet Pg. 1214 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant City of San Bernardino BSCC 581-19 Page 2 of 2 APPENDIX B Criteria for Non-Governmental Organizations Receiving YRG Program Funds In the table below, provide the name of the Grantee and list all contracted parties. Grantee: Grantees are required to update this list and submit it to BSCC any time a new third-party contract is executed after the initial assurance date. Grantees shall retain (on -site) applicable source documentation for each contracted party that verifies compliance with the requirements listed in the YRG RFP. These records will be subject to the records and retention language found in Exhibits A and D of the Standard Agreement. The BSCC will not reimburse for costs incurred by any third party that does not meet the requirements listed above and for which the BSCC does not have a signed grantee assurance on file. A signature below is an assurance that all requirements listed above have been met. Name of Contracted Party Address Email / Phone Meets All Requirements Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No ☐ Yes ☐ No ☐ AUTHORIZED SIGNATURE (This document must be signed by the person who is authorized to sign the Grant Agreement.) NAME OF AUTHORIZED OFFICER TITLE TELEPHONE NUMBER EMAIL ADDRESS STREET ADDRESS CITY STATE ZIP CODE APPLICANT’S SIGNATURE (Blue Ink Only) DATE x Southern California Mountains Foundation Urban Conservation Corps 1335 W. 26th Street San Bernardino, CA 92405 sb@mountainsfoundation.org 909.963.6645 X Operation New Hope 323 W. 7th Street San Bernardino, CA 92401 russell@onhcares.com City of San Bernardino X Teri Ledoux City Manager 909-384-5122 Ledoux_Te@sbcity.org 290 N. D Street San Bernardino CA 92401 20.c Packet Pg. 1215 Attachment: CM.YRG BSCC Grant Agreement - San Bernardino City 581-19_ (6241 : California Board of State & Community Corrections: Grant 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION, URBAN CONSERVATION CORPS This Agreement is made and entered into as of _____ 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 Southern California Mountains Foundation, Urban Conservation Corps, a non-profit public benefit with its principal place of business at 1355 West 26th Street, San Bernardino, CA 92405 (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: San Bernardino Youth Reinvestment & Development Program (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. This is a cost reimbursement contract. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” 20.d Packet Pg. 1216 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $500,000.00 This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant shall submit monthly invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the July 1, 2019 and continue through February 28, 2023 unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing Party shall, within a 20.d Packet Pg. 1217 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 3 reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and sub consultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In 20.d Packet Pg. 1218 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 4 addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (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 20.d Packet Pg. 1219 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 5 provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. 20.d Packet Pg. 1220 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 6 f. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (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 20.d Packet Pg. 1221 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 7 insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City 20.d Packet Pg. 1222 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 8 will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the 20.d Packet Pg. 1223 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 9 City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 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 of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been 20.d Packet Pg. 1224 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 10 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. 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 Rick Alanis Jr. 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, 20.d Packet Pg. 1225 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 11 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: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Southern California Mountains Foundation Urban Conservation Corps 1355 West 26th Street San Bernardino, CA 924015 Attention: Stacy Gorin, CEO 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which 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 20.d Packet Pg. 1226 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 12 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 in writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 20.d Packet Pg. 1227 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION, URBAN CONSERVATION CORP IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO Approved By: Teri Ledoux City Manager Approved as to Form: ****Approved Form**** Gary D. Saenz City Attorney Attested By: Georgeann Hanna, CMC City Clerk CONSULTANT Signature Name Title 20.d Packet Pg. 1228 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 14 EXHIBIT A – Scope of Services Youth Reinvestment & Development Program The Youth Reinvestment & Development Program (YRD) program is aimed at diverting low- level offenders from initial contact with the juvenile justice system using approaches that are evidence-based, culturally relevant, trauma-informed, and developmentally appropriate. The objective of Youth Reinvestment & Development Program efforts is to provide San Bernardino youth with supportive services, alternatives to arrest, incarceration, and educational services, including academic and vocational services, mentoring services, behavioral health services and mental health services with the sole purpose of diverting youth from the juvenile justice system. Consultant Contractor Activities Consultant shall conduct youth diversion services and related primary and secondary prevention services with individuals at highest risk of entering or returning to the juvenile justice system by: (a) Ensuring that the primary focus of youth diversion strategies and related efforts are established through a combination of the YRD: i. San Bernardino City Crossover Youth Practice Model ii. Service Coordination & Implementation Team Meetings iii. YRD Implementation team best practices and principles suited for San Bernardino to ensure equitable services for crossover youth. (b) Continuously reviewing youth diversion assignments, activities and strategies to ensure they reflect the priorities above. Consultant shall ensure effective and high-quality youth diversion services and related primary and secondary prevention activities with youth at highest risk of entering the juvenile justice system by conducting the following activities but not limited to: (a) Participate in the creations of a Youth Reinvestment & Development Implementation Team. Building individual and group relationships with those at 20.d Packet Pg. 1229 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 15 highest risk of involvement in juvenile justice system, as indicated by the San Bernardino City Crossover Youth Practice Model; (b) Provide wraparound case management services to 70 San Bernardino City Youth annually. Utilizing the Crossover Youth Practice Model, identify, recruit, and train 70 youth annually in the evidence-based Operation New Hope curriculum; (c) Divert and reduce San Bernardino City youth from the juvenile justice system; (d) Coordinate service provision with the Violence Intervention Program when appropriate; (e) Data tracking and collection of program activities for all program participants; (f) Secure parental consent forms for minor youth participating in the program; (g) Participate in the development of an YRD Local Evaluation Plan; design, administer, and analyze pre-post participant surveys; (h) Participate in drafting quarterly program progress reports to the California Board of State & Community Corrections, City Manager, Mayor and City Council of San Bernardino; (i) Report to the Office of the City Manager, Violence Intervention Division. Consultant shall ensure quality implementation of the overall YRD program strategy and, specifically, the YRD diversion component by: (a) Providing data and information on the above to the City of San Bernardino VIP Program Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and organized format for inclusion in YRD program performance reviews; 20.d Packet Pg. 1230 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 16 (b) Employing this case data and information when participating in weekly coordination, case review and strategy meetings; (c) When appropriate, program activities are carried out in in partnership with the community and other YRD partners. (d) Actively collaborating with other San Bernardino City stakeholders and partners to divert San Bernardino Youth away from the juvenile justice system Schedule of Charges & Reimbursement Consultant is responsible for submitting monthly invoices, along with supporting documentation for every project-related expense in accordance with Section 4 of the Agreement. If Consultant fails to provide supporting documentation for any project-related expense in a monthly invoice, payment of any amount due under such invoice shall be withheld until such time that Consultant submits the required supporting documentation such as: Personnel Cost (a) Time sheets which reflect the percentages of time worked on YRD related project must be signed the employee and supervisor. Time sheet must be dated within the appropriate pay period. Electronically submitted timesheets are acceptable as long as they contain supervisor approval (signed or electronic). (b) Payroll register or copies of paychecks. (c) Invoices and proof of payment for fringe benefits (if applicable) must be submitted on a monthly basis Contractual Services (a) Signed invoices which reflects the appropriate time period, number or hours being billed (if applicable) and services provided (if applicable). 20.d Packet Pg. 1231 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 17 (b) Proof of payment for consultants and vendors, a copy of a check and bank statement is required. (c) For subcontractors, you must submit a copy of a bank statement and cancelled check. Participant Related Cost (a) Invoices much include the date, the company name, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted. (b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted. (c) Proof of payment, which may be in the form of a copy of a check and bank statement. (d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of receipt by the client/family member receiving the incentive. Documentation of receipt must include name and signature or recipient, source and amount of gift card, date of receipt, and relationship to client if the recipient is not a client, and a copy of the front and back of each gift card so that the serial number is visible. (e) Sign in sheets for program events and field trips. Sign in sheet must have event name, date, and location. Other Cost (a) Invoices must include the date, the company name, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted. (b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted. (c) Proof of payment, which may be in the form of a copy of a check, credit card receipts and bank statement Consultant shall submit monthly 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. 20.d Packet Pg. 1232 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 18 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. 20.d Packet Pg. 1233 Attachment: CM.YRG_ SCMF_UCC Professional Services Agreement (6241 : California Board of State & Community Corrections: Grant Award) 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPERATION NEW HOPE This Agreement is made and entered into as of _____ 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 Operation New Hope, a non-profit public benefit with its principal place of business at 323 West 7th Street, San Bernardino, CA 92401 (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: San Bernardino Youth Reinvestment & Development Program (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. AGREEMENT NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement. 4. Compensation. a. This is a cost reimbursement contract. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant 20.e Packet Pg. 1234 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 2 under this Agreement exceed the sum of $500,00.00 This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant shall submit monthly invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. 6. Term. This Agreement shall commence on the July 1, 2019 and continue through February 28, 2023 unless the Agreement is previously terminated as provided for herein (“Term”). 7. Maintenance of Records; Audits. a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date. b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City. 8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term. 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party 20.e Packet Pg. 1235 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 3 describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and sub consultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract 20.e Packet Pg. 1236 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 4 until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (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. 20.e Packet Pg. 1237 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 5 c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto). (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Minimum Policy Limits Required 20.e Packet Pg. 1238 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 6 (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25- S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. h. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (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. 20.e Packet Pg. 1239 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 7 (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. i. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. 20.e Packet Pg. 1240 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 8 (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant’s services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. b. Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected and appointed officials, employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City, its elected and appointed officials, employees, agents, or authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for the City’s attorney's fees and costs, including expert witness fees. Consultant shall reimburse the City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to 20.e Packet Pg. 1241 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 9 insurance proceeds, if any, received by the City, its elected and appointed officials, employees, agents, or authorized volunteers. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors. 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 of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs 20.e Packet Pg. 1242 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 10 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. 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 Rick Alanis Jr. 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: 20.e Packet Pg. 1243 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 11 CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Operation New Hope 323 West 7th Street San Bernardino, CA 92401 Attention: Russell Degnan, CEO 30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant. 31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which 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 20.e Packet Pg. 1244 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 12 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 in writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON FOLLOWING PAGE] 20.e Packet Pg. 1245 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND OPERATION NEW HOPE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO Approved By: Teri Ledoux City Manager Approved as to Form: ****Approved Form**** Gary D. Saenz City Attorney Attested By: Georgeann Hanna, CMC City Clerk CONSULTANT Signature Name Title 20.e Packet Pg. 1246 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 14 EXHIBIT A – Scope of Services Youth Reinvestment & Development Program The Youth Reinvestment & Development Program (YRD) program is aimed at diverting low- level offenders from initial contact with the juvenile justice system using approaches that are evidence-based, culturally relevant, trauma-informed, and developmentally appropriate. The objective of Youth Reinvestment & Development Program efforts is to provide San Bernardino youth with supportive services, alternatives to arrest, incarceration, and educational services, including academic and vocational services, mentoring services, behavioral health services and mental health services with the sole purpose of diverting youth from the juvenile justice system. Consultant Contractor Activities Consultant shall conduct youth diversion services and related primary and secondary prevention services with individuals at highest risk of entering or returning to the juvenile justice system by: (a) Ensuring that the primary focus of youth diversion strategies and related efforts are established through a combination of the YRD: i. San Bernardino City Crossover Youth Practice Model ii. Service Coordination & Implementation Team Meetings iii. YRD Implementation team best practices and principles suited for San Bernardino to ensure equitable services for crossover youth. (b) Continuously reviewing youth diversion assignments, activities and strategies to ensure they reflect the priorities above. Consultant shall ensure effective and high-quality youth diversion services and related primary and secondary prevention activities with youth at highest risk of entering the juvenile justice system by conducting the following activities but not limited to: (a) Participate in the creations of a Youth Reinvestment & Development Implementation Team. Building individual and group relationships with those at 20.e Packet Pg. 1247 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 15 highest risk of involvement in juvenile justice system, as indicated by the San Bernardino City Crossover Youth Practice Model; (b) Provide wraparound case management services to 70 San Bernardino City Youth annually. Utilizing the Crossover Youth Practice Model, identify, recruit, and train 70 youth annually in the evidence-based Operation New Hope curriculum; (c) Divert and reduce San Bernardino City youth from the juvenile justice system; (d) Coordinate service provision with the Violence Intervention Program when appropriate; (e) Data tracking and collection of program activities for all program participants; (f) Secure parental consent forms for minor youth participating in the program; (g) Participate in the development of an YRD Local Evaluation Plan; design, administer, and analyze pre-post participant surveys; (h) Participate in drafting quarterly program progress reports to the California Board of State & Community Corrections, City Manager, Mayor and City Council of San Bernardino; (i) Report to the Office of the City Manager, Violence Intervention Division. Consultant shall ensure quality implementation of the overall YRD program strategy and, specifically, the YRD diversion component by: (a) Providing data and information on the above to the City of San Bernardino VIP Program Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and organized format for inclusion in YRD program performance reviews; 20.e Packet Pg. 1248 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 16 (b) Employing this case data and information when participating in weekly coordination, case review and strategy meetings; (c) When appropriate, program activities are carried out in in partnership with the community and other YRD partners. (d) Actively collaborating with other San Bernardino City stakeholders and partners to divert San Bernardino Youth away from the juvenile justice system Schedule of Charges & Reimbursement Consultant is responsible for submitting monthly invoices, along with supporting documentation for every project-related expense in accordance with Section 4 of the Agreement. If Consultant fails to provide supporting documentation for any project-related expense in a monthly invoice, payment of any amount due under such invoice shall be withheld until such time that Consultant submits the required supporting documentation such as: Personnel Cost (a) Time sheets which reflect the percentages of time worked on YRD related project must be signed the employee and supervisor. Time sheet must be dated within the appropriate pay period. Electronically submitted timesheets are acceptable as long as they contain supervisor approval (signed or electronic). (b) Payroll register or copies of paychecks. (c) Invoices and proof of payment for fringe benefits (if applicable) must be submitted on a monthly basis Contractual Services (a) Signed invoices which reflects the appropriate time period, number or hours being billed (if applicable) and services provided (if applicable). 20.e Packet Pg. 1249 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 17 (b) Proof of payment for consultants and vendors, a copy of a check and bank statement is required. (c) For subcontractors, you must submit a copy of a bank statement and cancelled check. Participant Related Cost (a) Invoices much include the date, the company name, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted. (b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted. (c) Proof of payment, which may be in the form of a copy of a check and bank statement. (d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of receipt by the client/family member receiving the incentive. Agency needs to submit a form identifying the recipients and amount of gift cards in the monthly expenditure reports. There must be proof of receipt by the client/family for any gift card that is distributed. Documentation of receipt must include name and signature or recipient, source and amount of gift card, date of receipt, and relationship to client if the recipient is not a client, and a copy of the front and back of each gift card so that the serial number is visible. (e) Sign in sheets for program events and field trips. Sign in sheet must have event name, date, and location. Other Cost (a) Invoices must include the date, the company name, and itemization of costs. Invoices must be dated within the month for which the expenditure report is being submitted. (b) Receipts for purchased items must be dated within the month for which the expenditure report is being submitted. (c) Proof of payment, which may be in the form of a copy of a check, credit card receipts and bank statement 20.e Packet Pg. 1250 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 18 Consultant shall submit monthly 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. 20.e Packet Pg. 1251 Attachment: CM.YRG_ Operation New Hope Professional Services Agreement (6241 : California Board of State & Community Corrections: 21.a Packet Pg. 1252 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - REPORT (6243 : Cooperative Agreement with the SBCTA for the Construction of State 8/1/2019 3:03 PM Discussion The San Bernardino County Transportation Authority (SBCTA) is the lead agency for all phases of the Project including the selection and retention of consultants and procurement of a contractor. Performance of services under these consultant contracts shall be subject to the technical direction of SBCTA’s Director of Project Delivery, or designee, with input and consultation from the City. The SR-210 Lane Addition project will widen the median adding one mixed flow lane in each direction between Highland Avenue in San Bernardino and San Bernardino Avenue in Redlands. This will include bridge widening of multiple overcrossing and undercrossing structures along the corridor. The SR-210 Base Line Avenue Interchange project is the second highest priority in the Measure I 2010-2040 Freeway Interchange Program. This project, will widen the Baseline Avenue overcrossing at SR-210 by adding an additional westbound through lane and additional left turn storage. Also, the on and off ramps will be widened to three lanes for additional capacity. The SR-210 Pavement Rehabilitation project will provide random slab replacement between Sterling Avenue in San Bernardino, to 5th Street in Highland, and full depth reconstruction from 5th Street in Highland to Lugonia in Redlands. The project is in final design and scheduled to advertise for construction in July 2019. The construction award is scheduled for fall 2019 with physical construction beginning Late 2019. With a 40 month construction duration, construction is expected to be completed early 2023. 2018-19 Goals and Objectives This project is consistent with Goal No 4: Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact No Fiscal Impact to the City of San Bernardino for this project. The City will provide permits, inspections, reviews and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA, for the work on the project. These projects are funded with Measure I funds, State Highway Operations & Protection Program (SHOPP), State Transportation Improvement Program (STIP), and City of Highland Developer Fees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-257, approving Cooperative Agreement No. 19- 1002239 with San Bernardino County Transportation Commission (Authority) for the construction of State Route 210 lane addition project. 21.a Packet Pg. 1253 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - REPORT (6243 : Cooperative Agreement with the SBCTA for the Construction of State 8/1/2019 3:03 PM Attachments Attachment 1 Resolution Attachment 2 Cooperative Agreement No.19-1002239 Ward: 4 & 7 Synopsis of Previous Council Actions: None 21.a Packet Pg. 1254 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - REPORT (6243 : Cooperative Agreement with the SBCTA for the Construction of State Resolution No. 2019-257 RESOLUTION NO. 2019-257 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING COOPERATIVE AGREEMENT NO. 19- 1002239 WITH THE SAN BERNARDINO COUNTY TRANSPORTATION COMMISSION (AUTHORITY) FOR THE CONSTRUCTION OF STATE ROUTE 210 LANE ADDITION PROJECT WHEREAS, The SR-210 Improvement Project (“PROJECT”) is being developed by the San Bernardino County Transportation Authority (SBCTA), in cooperation with the California Department of Transportation (“Caltrans”). The project is a combination of three previously- approved projects within the cities of San Bernardino, Highland, Redlands, and unincorporated sections of San Bernardino County. The SR-210 Mixed Flow Lane Addition Project (EA 0C700), the SR-210/Base Line Avenue Interchange Project (EA 1C970), and the SR-210 Pavement Rehabilitation Project (EA 1J060). Both the freeway widening and Base Line interchange projects are needed to increase traffic capacity, while the pavement rehabilitation project will increase pavement design life: and WHEREAS, The goal of this PROJECT is to relieve congestion increase capacity on the existing State Route 210 by widening the median and adding one general purpose lane, in the median, in each direction between Sterling Avenue, in the City of San Bernardino, and the San Bernardino Avenue in the City of Redlands, widen the Base Line Avenue interchange, random slab replacement between Sterling Avenue and 5th Street, and pavement rehabilitation from 5th Street to Lugonia Avenue; and WHEREAS, pursuant to State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), section 15367, Caltrans is the Lead Agency for each of the projects comprising the PROJECT, including the SR-210 Mixed Flow Lane Addition Project (EA 0C700), the SR- 210/Base Line Avenue Interchange Project (EA 1C970), and the SR-210 Pavement Rehabilitation Project (EA 1J060); and WHEREAS, SBCTA is responsible for carrying out all phases of PROJECT construction including the selection and retention of consultants and procurement of a contractor. Performance of services under these consultant contracts shall be subject to the technical direction of SBCTA’s Director of Project Delivery, or designee, with input and consultation from CITY; and WHEREAS, as Lead Agency, Caltrans prepared and adopted negative declarations for the projects that comprise the PROJECT; and WHEREAS, pursuant to State CEQA Guidelines, section 15381, the City of San Bernardino is a Responsible Agency in that it has discretionary approval power over execution of Cooperative Agreement No. 19-1002239 but did not prepare the PROJECT’s environmental review documents under CEQA; and 21.b Packet Pg. 1255 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - RESO - Attachment 1 (6243 : Cooperative Agreement with the SBCTA for the Construction Resolution No. 2019-257 WHEREAS, The PROJECT is in final design and scheduled to advertise for construction in July 2019. Construction award is schedule in the Fall 2019 with physical construction beginning Late 2019. With a 40 month construction duration, construction is expected to be completed early 2023: and, WHEREAS, SBCTA is asking the City to approve Cooperative Agreement No. 19- 1002239 with San Bernardino County Transportation Commission (Authority) to delineate roles and responsibilities for the Construction activities of the PROJECT; and WHEREAS, CITY agrees to designate a responsible staff member that will be CITY’s representative in receiving day-to-day communication and coordination during the construction phase and to provide permits, inspections, reviews, and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA, for the work on the PROJECT. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. As a Responsible Agency under State CEQA Guidelines, section 15381, the City finds and determines that, based upon and in reliance on the previously approved and adopted environmental documents prepared for the PROJECT, there is no substantial evidence in the record that execution of Cooperative Agreement No. 19-1002239 will result in a significant effect on the environment. SECTION 3. The City Manager or designee is hereby authorized and directed to execute Cooperative Agreement No. 19-1002239 with San Bernardino County Transportation Commission (Authority) to delineate roles and responsibilities for the Construction activities of the PROJECT and wish to agree to the proposed Highland Avenue and Arden Avenue, street and ramp night closures and detours as noted in Attachment 1. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2019. John Valdivia, Mayor City of San Bernardino 21.b Packet Pg. 1256 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - RESO - Attachment 1 (6243 : Cooperative Agreement with the SBCTA for the Construction Resolution No. 2019-257 Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 21.b Packet Pg. 1257 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - RESO - Attachment 1 (6243 : Cooperative Agreement with the SBCTA for the Construction Resolution No. 2019-257 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 21.b Packet Pg. 1258 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - RESO - Attachment 1 (6243 : Cooperative Agreement with the SBCTA for the Construction Contract No. 19-1002239 ATTACHMENT 1 COOPERATIVE AGREEMENT NO. 19-1002239 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY AND CITY OF SAN BERNARDINO FOR CONSTRUCTION OF THE STATE ROUTE 210 LANE ADDITION PROJECT THIS COOPERATIVE AGREEMENT (“Agreement”) is made and entered into by and between the San Bernardino County Transportation Authority (hereinafter referred to as “SBCTA”) and the City of SAN BERNARDINO (“CITY’), (SBCTA and CITY may be referred to herein as a “Party” and collectively “Parties”). WHEREAS, SBCTA is the lead agency for all phases of a project on State Route 210 (SR-210), a portion of which is located in the City of San Bernardino to widen the SR-210 by adding one general purpose lane, in the median, in each direction between Sterling Avenue, in San Bernardino, and San Bernardino Avenue in the city of Redlands, widen the Base Line Avenue Interchange, random slab replacement between Sterling Avenue and 5th Street, and pavement rehabilitation from 5th Street to Lugonia Avenue (“PROJECT”); and WHEREAS, cooperation among the Parties for the Construction activities of the Project is in the best interest of the Parties’ constituents; and WHEREAS, the PROJECT cost for all phases shall be funded by SBCTA, Caltrans and the City of Highland; and WHEREAS, the Parties wish to delineate roles and responsibilities for the Construction activities of the PROJECT. WHEREAS, the Parties wish to agree to the proposed Highland Avenue and Arden Avenue, street and ramp night closures and detours as noted in Attachment A NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein, the Parties agree as follows: I. SBCTA RESPONSIBILITIES SBCTA agrees: 21.c Packet Pg. 1259 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 Agreement - Attachment 2 (6243 : Cooperative Agreement with the SBCTA for the Contract No. 19-1002239 A. To be lead agency on Project Management and to diligently undertake and complete all phases of work on the PROJECT, including the selection and retention of consultants and procurement of a contractor. Performance of services under these consultant contracts shall be subject to the technical direction of SBCTA’s Director of Project Delivery, or designee, with input and consultation from CITY. B. To include CITY in related communications on PROJECT progress as well as to provide CITY with copies of Project Development Team (PDT) meeting minutes and action items. C. To require that the Contractor agree to indemnify and defend CITY from any and all claims that arise out of Contractor’s negligence in performing its duties under the Contract. D. To require the Contractor to name the CITY as an additional insured on all liability insurance required in the agreement between SBCTA and the Contractor. II. CITY RESPONSIBILITIES CITY agrees: A. To designate a responsible staff member that will be CITY’s representative in receiving day- to-day communication and coordination during the construction phase. B. To provide permits, inspections, reviews, and oversight at no cost to SBCTA or to consultants and contractors contracted by SBCTA, for the work on the PROJECT. III. MUTUAL RESPONSIBILITIES The Parties agree: A. To abide by all applicable federal, state and local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010-2040 Strategic Plan, as amended, as of the Effective Date of this Agreement. B. The Recitals to this Agreement are true and correct and are incorporated into this Agreement. C. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by executing this Agreement, the Parties hereto are formally bound to this Agreement. D. Except on subjects preempted by federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of California. E. If any clause or provision of this Agreement is fully and finally determined by a court of competent jurisdiction to be illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the illegal, invalid or unenforceable clause or provision shall be deemed severed from this Agreement and the remainder of this Agreement shall not be affected but shall remain in full force and effect. 21.c Packet Pg. 1260 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 Agreement - Attachment 2 (6243 : Cooperative Agreement with the SBCTA for the Contract No. 19-1002239 F. This Agreement cannot be amended or modified in any way except in writing, signed by all Parties hereto. G. Due to the nature of construction activities to accomplish widening of the SR-210, various construction activities are required. This is anticipated to include street and ramp weekday night closures and detours at the Highland Avenue and Arden Avenue undercrossings and ramps. Anticipated detour routes are shown on Attachment A. Changes to detour routes would be discussed between SBCTA and CITY prior to implementation. H. Neither this Agreement, nor any of the Parties’ rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect. I. No waiver of any default shall constitute a waiver of any other default whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. J. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear its own costs, including attorney(s) fees. K. This Agreement may be signed in counterparts, each of which shall constitute an original. This Agreement is effective and shall be dated on the date executed by SBCTA. L. Any notice required, authorized or permitted to be given hereunder or any other communications between the Parties provided for under the terms of this Agreement shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/fax number stated below: If to SBCTA: Paula Beauchamp Director of Project Delivery and Toll Operations 1170 West Third Street, Second Floor San Bernardino, CA 92410-1715 Telephone: (909) 884-8276 If to CITY: Alex Qishta Acting Director Public Woirks/City Engineer 290 North D Street San Bernardino, CA 92401 Telephone: (909) 384-7272 IN WITNESS THEREOF, this Agreement has been executed by the Parties hereto and is effective on the date signed by SBCTA. SIGNATURES ON FOLLOWING PAGE: 21.c Packet Pg. 1261 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 Agreement - Attachment 2 (6243 : Cooperative Agreement with the SBCTA for the Contract No. 19-1002239 SIGNATURE PAGE TO COOPERATIVE AGREEMENT NO. 19-1002239 BETWEEN SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY and CITY OF SAN BERNARDINO SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY CITY OF SAN BERNARDINO By:___ ________________________ By:__________________________ Darcy McNaboe Teri Ledoux President, Board of Directors City Manager Date:__________________________ Date:__________________________ APPROVED AS TO FORM APPROVED AS TO FORM AND PROCEDURE: By:____________________________ Gary D. Saenz CITY Attorney By:____________________________ Julianna Tillquist General Counsel By:____________________________ Jeffery Hill Procurement Manager 21.c Packet Pg. 1262 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 Agreement - Attachment 2 (6243 : Cooperative Agreement with the SBCTA for the Contract No. 19-1002239 ATTACHMENT A HIGHLAND AVENUE AND ARDEN AVENUE DETOUR ROUTES 21.c Packet Pg. 1263 Attachment: PW.SBCTA.SR-210.Coop 19-1002239 Agreement - Attachment 2 (6243 : Cooperative Agreement with the SBCTA for the 21.dPacket Pg. 1264Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - Attachment 2A (6243 : Cooperative Agreement with the SBCTA for the Construction of State 21.dPacket Pg. 1265Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - Attachment 2A (6243 : Cooperative Agreement with the SBCTA for the Construction of State 21.dPacket Pg. 1266Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - Attachment 2A (6243 : Cooperative Agreement with the SBCTA for the Construction of State 21.dPacket Pg. 1267Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - Attachment 2A (6243 : Cooperative Agreement with the SBCTA for the Construction of State 21.dPacket Pg. 1268Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - Attachment 2A (6243 : Cooperative Agreement with the SBCTA for the Construction of State 21.dPacket Pg. 1269Attachment: PW.SBCTA.SR-210.Coop 19-1002239 - Attachment 2A (6243 : Cooperative Agreement with the SBCTA for the Construction of State 22.a Packet Pg. 1270 Attachment: PW Street Vac. Institution Road.Staff Report (6244 : Proposed Vacation of a Portion of Institution Road) 8/1/2019 10:56 AM drain outlet by constructing a storm drain to intercept this outlet flow and convey it to an existing storm drain facility. This work has been completed. On July 19, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13143 to vacate a portion of Institution Road. On March 6, 2019, staff re-notified the utility companies and City departments to determine if there are any objections to the street vacation or a need to reserve easements. • All utility companies that responded had no objections to the street vacation and no reservations of easement are required. • The Community Development Department responded with Planning Commission Resolution 2019-025-PC (Attachment 3) making an Environmental Determination that Plan No. 13143 is categorically exempt from the California Environmental Quality Act (CEQA) per §15061(b)(3) and finding Plan No. 13143 consistent with the General Plan and forwarding a recommendation to the Mayor and City Council to adopt the Categorical Exemption for Plan No. 13143 and allow the proposed street vacation of a portion of Institution Road. Discussion If the Resolution of Intention is adopted it will set the date, time and place for a public hearing on September 18, 2019 at 7:00 pm in the Bing Wong Auditorium of the Norman F. Feldheym Public Library, located at 555 W. 6th Street, San Bernardino, California, at which time interested parties may present evidence to the Mayor and City Council. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper as well as positing notices along the proposed street vacation as required by the SHC sections 8322 and 8323. After the public hearing, the Mayor and City Council will consider a Resolution Ordering the Vacation, which will adopt a Categorical Exemption for the street vacation and make a final order vacating a portion of Institution Road as described in Plan No. 13143. Utilities which do not hold an existing easement and do not have an easement reserved for them in the Resolution Ordering the Vacation will not be able to use the right of way being vacated without first obtaining an easement from the property owner. The street vacation proceedings are not completed until the Resolution making the final order vacating a portion of Institution Road has been recorded with the San Bernardino County Recorder’s office. Future actions by the City will consist of: • Public Hearing and Resolution of Vacation pursuant to SHC section 8324 • Recordation of the Resolution of Vacation pursuant to SHC section 8325 Fiscal Impact 22.a Packet Pg. 1271 Attachment: PW Street Vac. Institution Road.Staff Report (6244 : Proposed Vacation of a Portion of Institution Road) 8/1/2019 10:56 AM Costs incurred with this action will be offset by the non-refundable petitioner paid processing fee of $2,000 which has been paid in full. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2019-258, declaring its intention to conduct a Public Hearing to consider the vacation of a portion of Institution Road, just south and west of Cajon Boulevard for Plan No. 13143, and the reservation of utility easements therein. Attachments Attachment 1 Resolution; Exhibit A & B Attachment 2 Street Vacation Petition Attachment 3 Plan No. 13143 Attachment 4 Planning Commission Resolution No. 2017-011-PC Attachment 5 Site Map Ward: 6 Synopsis of Previous Council Actions: • Jan 9, 2017 – Council authorized staff to investigate Plan No. 13143 to vacate a portion of Institution Road. 22.a Packet Pg. 1272 Attachment: PW Street Vac. Institution Road.Staff Report (6244 : Proposed Vacation of a Portion of Institution Road) Resolution No. 2019-258 RESOLUTION NO. 2019-258 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF A PORTION OF INSTITUTION ROAD AND THE RESERVATION OF UTILITIES THEREIN. WHEREAS, On March 22, 2017 a petition to vacate a portion of Institution Road was received from Dennis S. Rice, Applicant on behalf of Ridge San Bernardino ONE B1 Partners LLC, a Delaware limited liability company, who owns the parcel of land abutting the proposed street vacation; and WHEREAS, On July 19, 2017, the Mayor and City Council authorized staff to proceed with an investigation and analysis of Plan No. 13143 to vacate a portion of Institution Road; and WHEREAS, On September 18, 2017 and March 6, 2019, notices were sent out to utility companies and City Departments, informing them of the proposed street vacations. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare its intentions to order the vacation of a portion of Institution Road and the reservation of utilities therein as described on the legal description attached hereto and incorporated as Exhibit “A” and depicted on the map attached hereto and incorporated herein as Exhibit “B”. SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portion of said street, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California SECTION 3. The hour of 7:00 p.m., on Wednesday, September 18, 2019, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the propose vacation area may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. For further particulars as to the proposed vacation, reference is made to that map marked “Plan No. 13143”. SECTION 4. Nothing in this Resolution shall in any way affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. 22.b Packet Pg. 1273 Attachment: PW Street Vac.Instituiton Road Resolution.Attach 1 (6244 : Proposed Vacation of a Portion of Institution Road) Resolution No. 2019-258 SECTION 5. The Deputy Director of Public Works/City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.” SECTION 6. The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing SECTION 7. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the 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 __________, 2019. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Georgeann Hanna, MMC, City Clerk Approved as to form: __________________________________ Gary D. Saenz, City Attorney 22.b Packet Pg. 1274 Attachment: PW Street Vac.Instituiton Road Resolution.Attach 1 (6244 : Proposed Vacation of a Portion of Institution Road) Resolution No. 2019-258 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. _________, adopted at a regular meeting held at the ___ day of _______, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2019. ______________________________ Georgeann Hanna, MMC, City Clerk 22.b Packet Pg. 1275 Attachment: PW Street Vac.Instituiton Road Resolution.Attach 1 (6244 : Proposed Vacation of a Portion of Institution Road) 22.c Packet Pg. 1276 Attachment: PW Street Vac. Institution Road.Exhibits to Reso (6244 : Proposed Vacation of a Portion of Institution Road) 22.c Packet Pg. 1277 Attachment: PW Street Vac. Institution Road.Exhibits to Reso (6244 : Proposed Vacation of a Portion of Institution Road) 22.c Packet Pg. 1278 Attachment: PW Street Vac. Institution Road.Exhibits to Reso (6244 : Proposed Vacation of a Portion of Institution Road) 22.c Packet Pg. 1279 Attachment: PW Street Vac. Institution Road.Exhibits to Reso (6244 : Proposed Vacation of a Portion of Institution Road) 22.d Packet Pg. 1280 Attachment: PW Street Vac.Institution Road.Attach2 (6244 : Proposed Vacation of a Portion of Institution Road) 22.d Packet Pg. 1281 Attachment: PW Street Vac.Institution Road.Attach2 (6244 : Proposed Vacation of a Portion of Institution Road) 22.e Packet Pg. 1282 Attachment: PW Street Vac.Institution Road.Attach 3 (6244 : Proposed Vacation of a Portion of Institution Road) 22.e Packet Pg. 1283 Attachment: PW Street Vac.Institution Road.Attach 3 (6244 : Proposed Vacation of a Portion of Institution Road) 22.e Packet Pg. 1284 Attachment: PW Street Vac.Institution Road.Attach 3 (6244 : Proposed Vacation of a Portion of Institution Road) 22.f Packet Pg. 1285 Attachment: PW Street Vac. Institution Road. Attach 4 (6244 : Proposed Vacation of a Portion of Institution Road) 22.f Packet Pg. 1286 Attachment: PW Street Vac. Institution Road. Attach 4 (6244 : Proposed Vacation of a Portion of Institution Road) 22.f Packet Pg. 1287 Attachment: PW Street Vac. Institution Road. Attach 4 (6244 : Proposed Vacation of a Portion of Institution Road) 22.f Packet Pg. 1288 Attachment: PW Street Vac. Institution Road. Attach 4 (6244 : Proposed Vacation of a Portion of Institution Road) 22.f Packet Pg. 1289 Attachment: PW Street Vac. Institution Road. Attach 4 (6244 : Proposed Vacation of a Portion of Institution Road) 22.g Packet Pg. 1290 Attachment: PW Street Vac. Institution Road Attach 5 (6244 : Proposed Vacation of a Portion of Institution Road) 23.a Packet Pg. 1291 Attachment: PW CFD 2019-1 Staff Report (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) 8/2/2019 9:30 AM   2019-20 Goals and Objectives This project is consistent with Goal No 4. Ensure Development of a Well-Planned Balanced and Sustainable City. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with forming the District has been borne by the Property Owner. By forming the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, accept Final Reading and adopt Ordinance No. MC-1522 levying special taxes to be collected during Fiscal Year 2019-20 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). Attachments Attachment 1 Ordinance No. MC-1522 (Ordinance Levying Special Taxes); Exhibit A; Exhibit B Attachment 2 Project Location Map Ward: All    Synopsis of Previous Council Actions:    23.a Packet Pg. 1292 Attachment: PW CFD 2019-1 Staff Report (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) Ordinance No. MC-1522 ORDINANCE NO. MC-1522 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2019-2020 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on July 17, 2019, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities 23.b Packet Pg. 1293 Attachment: PW CFD 2019-01 Ord. Attach 1 Exh A&B (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) Ordinance No. MC-1522 District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2019-2020, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such parcel in said Exhibit "B." Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4. Authorization to Publish Ordinance. The Mayor shall sign this ordinance and the City Clerk shall attest thereto and shall, within fifteen days of its adoption, cause it or a summary of it to be published in a newspaper circulated in the City of San Bernardino. SECTION 5. Effective Date. This ordinance shall become effective immediately upon its adoption. 23.b Packet Pg. 1294 Attachment: PW CFD 2019-01 Ord. Attach 1 Exh A&B (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) Ordinance No. MC-1522 I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 2019-____, adopted at a regular meeting held on the 17th day of July, 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUERO _____ _____ _______ _______ SHORETT _____ _____ _______ _______ NICKEL _____ _____ _______ _______ RICHARD _____ _____ _______ _______ MULVIHILL _____ _____ _______ _______ __________________________________ Georgeann Hanna, MMC, City Clerk The foregoing Ordinance is hereby approved this ____ day of __________, 2019. ____________________________________ John Valdivia, Mayor City of San Bernardino Approved as to form: __________________________________ Gary D. Saenz, City Attorney 23.b Packet Pg. 1295 Attachment: PW CFD 2019-01 Ord. Attach 1 Exh A&B (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) EXHIBIT A DESCRIPTION OF SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. 23.b Packet Pg. 1296 Attachment: PW CFD 2019-01 Ord. Attach 1 Exh A&B (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2019-20 ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Original Formation Cauffman Family Trust 5/4/11 0142-041-46 23.b Packet Pg. 1297 Attachment: PW CFD 2019-01 Ord. Attach 1 Exh A&B (6245 : Final Reading of Ordinance No. MC-1522 Related to CFD No. 2019-1) 23.cPacket Pg. 1298Attachment: PW CFD 2019-01 Attach 2 Proj Map (6245 : Final Reading of Ordinance No. MC-1522 Related