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Home My WebLink About02-16-2022 Agenda PacketCITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 16, 2022 5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7 Sandra Ibarra Robert D. Field COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho MAYOR PRO TEM, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. o PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://sbcity.tiny.us/PublicCommentOptions o Please contact the City Clerk’s Office (909) 384-5002 three days prior to the meeting for any requests for reasonable accommodation to include interpreters. o To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://tinyurl.com/agendabackup021622 o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 -> Meeting Date Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 2/11/2022 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Mayor Pro-Tem, Ward 2 Sandra Ibarra    Council Member, Ward 3 Juan Figueroa    Council Member, Ward 4 Fred Shorett    Council Member, Ward 5 Ben Reynoso    Council Member, Ward 6 Kimberly Calvin    Council Member, Ward 7 Damon L Alexander    Mayor John Valdivia    City Manager Robert D. Field    City Attorney Sonia Carvalho    City Clerk Genoveva Rocha    5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Melissa Arriaga v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1920766 b. Elmira Balasanyan v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2012677 c. Jesus Ortiz Paz v. County of San Bernardino, et al., United States District Court Case No. 5:20-cv-01486-JGB-KK d. Patricia Wolf v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2119310 B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Manager Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 2/11/2022 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS PRESENTATIONS 1. Big Brothers Big Sisters of the Inland Empire (All Wards) Recommendation Big Brothers Big Sisters of the Inland Empire would like to update the City of San Bernardino on current partnerships and the impact mentoring has on the youth of the City. The presentation to the Mayor and City Coun cil includes an update on: ➢ Programs and services offered to youth; ➢ Evidence Based Impact; ➢ Return on Investment (ROI) to the City; and ➢ Specifically, this year, mentoring in a pandemic. 2. City of San Bernardino Unhoused Pilot Program (All Wards) PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA DISCUSSION 3. Veto Reconsideration Per Municipal Code 1.08.040 of a Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation Reconsideration of Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at- large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 2/11/2022 4. Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill (AB) 571 (All Wards) Recommendation Adopt Urgency Ordinance No. MC-1573, an Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 to Chapter 2.55 to the City of San Bernardino Municipal Code Regarding Default Local Campaign Contributions. PUBLIC HEARINGS 5. Public Hearing Notification - Development Code Amendment 21-04 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce, read by title only, and waive further reading of Ordinance No. MC - 1574 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21-04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications; and finding that Development Code Amendment 21-04 is exempt from review under the California Environmental Quality Act; and 2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on March 2, 2022. CONSENT CALENDAR 6. Approval of the Mayor and City Council Meeting Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the July 1, 2020, and July 15, 2020, Regular Meeting of the Mayor and City Council. 7. Establishing an Amended Candidate Statement Policy for the June 7, 2022 Primary Election (All Wards) Recommendation Adopt Resolution 2022-28 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 2022-04 pertaining to candidate statement endorsements submitted to the voters at an election to be held on Tuesday, June 7, 2022. 8. Resolution on the City of San Bernardino Unsheltered Population (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardi no, California, adopt Resolution No. 2022-29, expressing support for the City of San Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 2/11/2022 Bernardino Unsheltered Population Outreach Initiative. 9. Release of Residential Property Maintenance Agreement Containing Covenants Affecting Real Property Located at 1245 S. Washington Avenue (Ward 3) Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino: 1. Approve the Stipulation Between City of San Bernardino, Successor-in- Interest, and Andrew E. Lozano, Current Property Owner, Releasing Real Property Maintenance Agreement Containing Covenants Affecting Real Property Neighborhood Initiative Program in Exchange for Repayment of Grant (Attachment 1); and 2. Authorize the City Manager or designee to execute the Stipulation Agreement. 10. February, November, December 2021 and January 2022 City Board, Commission, and Citizen Advisory Committee Approved Minutes (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February, November, and December 2021, and January 2022. 11. Investment Portfolio Report for December 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for D ecember 2021. 12. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2022. 13. Resolution Approving a City-Wide Salary Schedule for Employees of the City of San Bernardino (All Wards) Recommendation Adopt Resolution No. 2022-30 of the Mayor and City Council of the City of San Bernardino, California, approving a revised City-wide salary schedule for all full- time, part-time, temporary, and seasonal positions, repealing the prior salary schedule including Resolution No. 2021-268, and approving the Lead Building Inspector job description. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 2/11/2022 14. Amendment to Graves & King Legal Service Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-31, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2012677. 15. Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-32, authorizing the City Manager to execute the First Amendment to the Legal Services Agreem ent with Carpenter, Rothans & Dumont for representation in the US District Court Case No. 5:20-CV- 01486-JGB-KKx. 16. Grant Application and Award for a Fitness Court at Blair Park (Ward 5) Adopt Resolution 2022-33 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the ratification and submission of the California Parks and Recreati on Society (CPRS) / National Fitness Campaign (NFC) grant application; 2. Accepting the two grant awards totaling $80,000 ($30,000 from CPRS/N FC and $50,000 from San Manuel Band of Mission Indians); and 3. Allocating the remaining balance of $130,700 from the Cultural Development Impact Fund in Fiscal Year 2021/22 to complete the Fitness Court at Blair Park project. 17. Land Water Conservation Fund Grant Application Approval (Ward 1) Recommendation Adopt Resolution No. 2022-34 of the Mayor and City Council of San Bernardino, California approving the submittal of an application for the Land and Water Conservation Fund (LWCF) competitive program to the State of California. 18. Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Wards) Recommendation Adopt Resolution No. 2022-35 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue purchase orders to Fairview Ford in an amount not to exceed $1,300,000 and to West Coast Lights & Sirens in an amount not to exceed $180,000, and to authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and West Coast Lights & Sirens in an amount not to exceed $550,000. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 2/11/2022 19. Amendment No. 1 to Agreement with ITERIS Inc. (All Wards) Recommendation Adopt Resolution No. 2022-36 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 with ITERIS, Inc. for design services and implementation of advanced dilemma zone detection at 49 signalized intersections; and authorizing the City Manager or designee to execute all documents in support of the amendment. 20. Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1) Recommendation Adopt Resolution No. 2022-37 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 3 to the Agreement with Tetra Tech, Inc., for the 2nd Street Bridge replacement at Warm Creek; and authorizing the City Manager, or designee, to execute all documents in support of amendment. 21. Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized Intersections (All Wards) Recommendation Adopt Resolution No. 2022-38 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to record a budget amendment in the amount of $1,603,493.21 from the remaining Highway Safety Improvement Program (HSIP) grant fund balance for the project construction, construction contingencies, and inspection costs for upgrades to hardware at 224 signalized intersections at various arterials. 22. Annual Purchase Order for Parts Authority (All Wards) Recommendation Adopt Resolution No. 2022-39 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue an Annual Purchase Order to Parts Authority for the purpose of supplying automotive parts and supplies in an amount not to exceed $175,000 on an annual basis with four (4) single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 23. Warehouse Moratorium - Request for Emergency Ordinance (All Wards) (Council Member Reynoso) Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 2/11/2022 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, March 2, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 16, 2022 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City’s bulletin board located at 201 North “E” Street, San Bernardino, California, at the San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California, and on the City’s website sbcity.org on Friday, February 11, 2022. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 2/11/2022 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 ap proaching 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 subje ct 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 memb er 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 a ny 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 Success or 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 Agenc y. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is othe rwise 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. Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 2/11/2022 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut-off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on t he following page: https://sbcity.tiny.us/PublicCommentOptions . 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021 The public may begin joining the meeting on Zoom or by calling -in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak a t the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page… Regular Meeting Agenda February 16, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 2/11/2022 B) Join the Meeting by clicking on the Zoom link below: https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode: 2021 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode: 2021 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. Page 1 Closed Session City of San Bernardino Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): a. Melissa Arriaga v. City of San Bernardino , San Bernardino Superior Court Case No. CIVDS1920766 b. Elmira Balasanyan v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS2012677 c. Jesus Ortiz Paz v. County of San Bernardino, et al., United States District Court Case No. 5:20-cv-01486-JGB-KK d. Patricia Wolf v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2119310 B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957): Title: City Manager Packet Pg. 12 Page 1 Presentation City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Big Brothers Big Sisters of the Inland Empire (All Wards) Recommendation Big Brothers Big Sisters of the Inland Empire would like to update the City of San Bernardino on current partnerships and the impact mentoring has on the youth of the City. The presentation to the Mayor and City Council includes an update on: ➢ Programs and services offered to youth; ➢ Evidence Based Impact; ➢ Return on Investment (ROI) to the City; and ➢ Specifically, this year, mentoring in a pandemic. 1 Packet Pg. 13 CELEBRATING NATIONAL MENTORING MONTH 1.a Packet Pg. 14 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 1.a Packet Pg. 15 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 OUR MENTEES •75% witness and/or experience abuse •Over 70% live under the federal poverty line. •Over 50% are being raised by single or foster parents, grandparents, or a sibling •17% have an incarcerated parent •64% state living with someone incarcerated 1.a Packet Pg. 16 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 COMMUNITY BASED Bigs and Big Couples BIGS WITH BADGES Building relationships between law enforcement and youth and highlighting career pathways within law enforcement SPECIALIZED PROGRAMS Human Trafficking Prevention Foster Mentoring Restorative Justice Identity-Based Mentoring SITE & SCHOOL-BASED College Bigs and High School Bigs WORKPLACE MENTORING ! NOW MENTORING POST-18! Ensuring our youth earn a livable wage –through college, career and enlistment options 1.a Packet Pg. 17 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 Number of Children Mentored 2,500+ 1,000+ Annually served Number of Mentoring Models Reach Number of Civic and Volunteer Hours 124,800 + Hours $3.1M volunteerism 8 years of service 2 Counties 21 Cities/ Districts 5 1.a Packet Pg. 18 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 INNOVATIVE PARTNERSHIPS TO CREATE CONNECTION College Bigs High School Bigs Girl Empowerment Program 1.a Packet Pg. 19 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 Financial value generated through increased taxes and spending, and increased volunteering and donations AVOID BEHAVIORS LIKE GANG VIOLENCE 95 PERCENT HAVE A BETTER SENSE OF THE FUTURE 80 PERCENT 1.a Packet Pg. 20 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 1.a Packet Pg. 21 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 1.a Packet Pg. 22 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 JOIN OUR VILLAGE https://www.iebigs.org/leadership 1.a Packet Pg. 23 Attachment: Big Brother_Big Sister.NMM_San Bernardino v2 Page 1 Presentation City of San Bernardino Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: City of San Bernardino Unhoused Pilot Program (All Wards) 2 Packet Pg. 24 Page 1 Discussion City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards) Recommendation Reconsideration of Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; dir ecting the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. Background The City of San Bernardino’s current City Charter was adopted by voters on November 8, 2016 and filed with the California Secretary of State on January 31, 2017. San Bernardino is a "charter" city as contrasted to a "general law" city. Under Califo rnia law, a general law city’s powers are limited to those granted to it by State statute and from the general police power granted to it by the State Constitution. On the other hand, a charter city's power comes from the State Constitution which grants it “home rule” authority over municipal affairs, subject only to the limitations of the city’s charter, the State Constitution, and preemptive State law that addresses a matter of “statewide concern”. As a result, charter cities have more legal and operational latitude than do general law cities. The City Charter serves as the City's "constitution" and may only be amended by a majority vote of the people. On April 7, 2021, the City Council requested that staff prepare an overview of the process required to amend the City Charter including the possibility of changing from having a full-time to a part-time Mayor. On May 19, 2021, the City Council received a report on the process required to make an amendment to the City’s Charter. The contents of that report are summarized below. Article X, Section 1000, of the City Charter provides that amendments to the City’s Charter will be made in accordance with the procedures set by the State Elections Code as applicable to charter cities. 3 Packet Pg. 25 8798 Page 2 Under State law, there are a number of ways in which a charter amendment can be brought forward. These include: 1. The Charter Review Committee can draft an amendment for consideration by the City Council; or 2. The City Council can have a draft amendment prepared (with or without the input and recommendation of the Charter Review Committee); or 3. A citizen-led initiative petition signed by 15% of the City’s registered voters and which is otherwise in compliance with the Elections Code can be filed to place a charter amendment on the ballot. The proponents would have 180 days from the receipt of the title and summary to circulate the petition for signatures and the city would have a maximum of 60 working days to certify the signatures. If the petition is found sufficient (in proper form and has enough signatures) the Council would be required by law to place the charter amendment on the ballot for voter consideration. Under State law, charter amendments may only be proposed to voters at a Statewide Primary Election, a Statewide General Election or at the City’s general municipal election, if different from the previous two dates. The next Statewide Primary Election will be June 7, 2022, and the next Statewide General Election will be November 8, 2022. The City’s general municipal election is held on the same date as the Statewide General Election, so only these two dates are available every two -year election cycle to propose charter amendments to the voters. A Council/Committee proposed charter amendment must be called for th e ballot at least 95 days before the scheduled election while a citizen-led initiative amendment must be called at least 88 days before the scheduled election. This results in the following deadlines to place a charter amendment on the ballot for considera tion by voters in 2022: • Council/Committee Proposed (95-day): a) March 4, 2022, for June 7, 2022, election b) August 5, 2022, for November 8, 2022, election • Citizen Initiative (88-day): a) March 11, 2022, for June 7, 2022, election b) August 12, 2022, for November 8, 2022, election. At its May 19, 2021 meeting, the City Council voted on a motion that: a) Directed staff to draft language for a ballot measure to eliminate the position of the full-time elected at-large Mayor to be placed on the June 7, 2022, primary election ballot; b) Take necessary action to accomplish the request that if the amendment passes it 3 Packet Pg. 26 8798 Page 3 take effect immediately at the end of the current Mayors term; and c) Come up with a process to elect a rotating Mayor. On February 2, 2022, the City Council adopted Resolution No. 2022 -25 approving the proposed Charter Amendment to eliminate the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. Mayor Pro Tem Figueroa and Councilmembers Sanchez, Shorett, and Calvin supported the motion, while Councilmembers Ibarra and Alexander opposed the motion. Councilmember Reynoso abstained from voting on the motion. On February 7, 2022, the Mayor issued a memo addressed to the members of the City Council, the City Manager, the City Clerk, and the City Attorney advising that pursuant to Charter Section 303 (b), the Mayor was vetoing the adoption of Resolution No. 2022-25 approved by fewer than five votes of the City Council. Discussion Resolution 2022-25 has been placed on the City Council agenda for reconsideration, consistent with Municipal Code Section 1.08.040 which provides: “The approved or vetoed resolution or ordinance shall be forthwith returned to the City Clerk. The City Clerk shall place any vetoed resolution or ordinance which was adopted by fewer than five affirmative votes as the first business item on the agenda for the next meeting of the Mayor and City Council to be considered by the City Council for readoption after the resolution or ordinance is reintroduced and the reason or reasons for the veto are read by the City Clerk. In the event there are less than seven council members present, or for any other reason, the resolution or ordinance may be continued from time to time. A motion to readopt the resolution or ordinance shall be considered and voted upon by the City Council. Five or more affirmative votes shall be necessary to validly readopt the resolution or ordinance.” In accordance with section 302 of the City Charter and section 1.08.040 of the City's Municipal Code, five or more affirmative votes are required to override any veto of the Mayor and validly readopt the resolution. 2021-2025 Key Strategic Targets and Goals The review and consideration of a City Charter amendment aligns with Key Target No. 2: Focused, Aligned Leadership. Fiscal Impact There is no financial impact associated with the consideration of a City Charter 3 Packet Pg. 27 8798 Page 4 amendment beyond staff time. If Council decides to move forward with placing the charter amendment on the 2022 ballot, there will be a fiscal impact of $50,000. If the charter amendment is approved by voters, there will be an annual savings of $367,096 with the elimination of the elected at-large Mayor. Conclusion Reconsideration of Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the C ity a proposed amendment to the City Charter to eliminate the office of the elected at -large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of w ritten arguments regarding the proposed Charter amendment. Attachments Attachment 1 Resolution No. 2022-25 - Calling for the placement of a charter amendment on the June 7, 2022 ballot Attachment 2 Draft City Charter (Redline) Attachment 3 Current City Charter Attachment 4 Veto of City Charter Amendment to Eliminate the Elected At-Large Mayor Ward: All Synopsis of Previous Council Actions: April 7, 2021 The Mayor and City Council requested that staff prepare an overview of the process required to amend the city charter including the possibility of transitioning a full-time to part-time position. May 19, 2021 The Mayor and City Council received a report on the process required to make an amendment to the City’s Charter. After discussion, the City Council voted on a motion requesting staff draft an amendment for Council consideration to be placed on the June 7, 2022, ballot. The proposed amendment to the city’s charter would eliminate the position of a full-time elected at-large Mayor. February 2, 2022 The Mayor and City Council adopted Resolution No. 2022-25 approving the Charter Amendment to eliminate the elected at -large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022. 3 Packet Pg. 28 Resolution No. 2022-25 Resolution 2022-25 Page 1 of 21 RESOLUTION NO. 2022-25 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER TO ELIMINATE THE OFFICE OF THE ELECTED AT-LARGE MAYOR AND REPLACE IT WITH A MAYOR APPOINTED ON AN ANNUAL BASIS FROM AMONG THE SEVEN ELECTED COUNCILMEMBERS AT A PRIMARY MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD JUNE 7, 2022; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED CHARTER AMENDMENT; AND PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING THE PROPOSED CHARTER AMENDMENT WHEREAS, the City of San Bernardino (“City”) is governed by an at -large elective Mayor and a City Council consisting of seven councilmembers elected by wards; and WHEREAS, the Mayor is not a member of City Council and does not have the authority to vote, except in circumstances specified in the City Charter; and WHEREAS, the voters of the City of San Bernardino voted to approve various amendments to the City Charter in 2016, including replacing the strong-mayor form of government with a city manager form of government; and WHEREAS, previously, the elective office of Mayor operated within the context of a strong-mayor form of municipal government; and WHEREAS, as the City has implemented the council-manager form of government mandated by the City Charter, it has become clear that the separately elected position of Mayor is a source of tension with the governance model; and WHEREAS, on April 7, 2021, the City Council requested that staff prepare an overview of the process to amend the City Charter including the possibility of changing from having a full- time elected Mayor to a part-time appointed Mayor; and WHEREAS, on May 19, 2021, the City Council received a report on the process to amend the City’s Charter and directed staff to draft an amendment for Council consideration to be placed on the June 7, 2022 Primary Municipal Election ballot which would eliminate the office of a full- 3.a Packet Pg. 29 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 2 of 21 time at-large elected Mayor and replace it with a Mayor appointed on an annual basis from among the seven by-ward elected City Councilmembers; and WHEREAS, Article X, Section 1000, of the City Charter provides that amendments to the City’s Charter will be made in accordance with the procedures set by the State Elections Code as applicable to charter cities. WHEREAS, pursuant to authority provided by California Constitution, Article XI, San Bernardino City Charter Section 1000, California Government Code Sections 34450 et. seq. and California Elections Code Sections 1415 and 9255, the City Council of the City of San Bernardino desires to submit to the voters a proposed amendment to the City Charter which would eliminate the office of the elected at-large Mayor and replace the governance model with a Mayor appointed on an annual basis from among the seven by-ward elected Councilmembers, as more specifically set forth therein (the “Charter Amendment” or “Measure”); and WHEREAS, California Constitution, Article XI, Section 3, requires that any charter amendment be approved by a majority of City voters voting at an election called for that purpose; and WHEREAS, pursuant to California Elections Code sections 1415 and 9255, the Cit y Council is authorized by statute to submit the proposed Charter Amendment to the voters at the Primary Municipal Election to be held on June 7, 2022; and WHEREAS, the City Council desires to consolidate the Primary Municipal Election for the Charter Amendment described herein with the Statewide Primary Election to be held on June 7, 2022; and WHEREAS, the City Council further desires to set deadlines and rules for primary and rebuttal arguments for and against the Charter Amendment. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The Mayor and City Council of the City hereby find and determine that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. SECTION 2. Submission of Charter Amendment. The Mayor and City Council of the City, pursuant to its right and authority as contained in California Constitution, Art. XI, Section 3, San Bernardino City Charter section 1000, California Government Code, Sections 34450 et. seq., and California Elections Code, Sections 1415 and 9255, and any other applicable requirements of the laws of the State of California relating to charter cities, hereby calls and order s to be held a Primary Municipal Election in the City of San Bernardino to be consolidated with the Statewide 3.a Packet Pg. 30 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 3 of 21 Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to a vote of the qualified electors of the City of San Bernardino the following proposed Charter Amendment: “Shall the City Charter of San Bernardino be amended to eliminate the at-large elected office of Mayor and replace the office with a Mayor appointed on an annual basis from among the seven elected councilmembers by a majority vote, and to make further amendments to align the City Charter’s provisions to reflect the change to an appointed Mayor?” YES NO SECTION 3. Text of Charter Amendment. The text of the Charter Amendment to be submitted to the voters is attached hereto as Exhibit “A and incorporated herein by this reference. SECTION 4. Election Procedures. A. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to the voters the Charter Amendment. B. Necessary Steps. The Board of Supervisors is requested to issue instructions to the San Bernardino County Registrar of Voters/Elections Official to take any and all steps necessary for the holding of the consolidated election. C. Canvass of Returns. The San Bernardino County Registrar of Voters/Elections Official is authorized to canvass the returns and perform all other proceedings incidental to and connected with the Primary Municipal Election for the Charter Amendment. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide Primary Election. D. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the Primary Municipal Election with the Statewide Primary Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. E. Form of Ballot. The ballots to be used at the election shall be in the form and content as required by law. F. City Clerk Authorized to Coordinate with County. The City Clerk is authorized, instructed and directed, in coordination with the San Bernardino County Registrar of 3.a Packet Pg. 31 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 4 of 21 Voters/Elections Official, to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. G. Opening and Operation of Polls, Vote Centers, Etc. The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by- mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California. H. Election to Follow Applicable Law. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. I. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. J. Tallying of Ballots. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. K. Receipt of Election Results. The City Clerk of the City of San Bernardino shall receive the canvass as it pertains to the election on the Charter Amendment measure, and shall certify the results to the City Council, as required by law. SECTION 5. Direct Arguments and City Attorney’s Analysis. A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above Charter Amendment, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Charter Amendment, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including March 21, 2022 at 12:00 p.m. after which no arguments for or against the Charter Amendment may be submitted to the City Clerk. Arguments in favor of or against the Charter Amendment shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions 3.a Packet Pg. 32 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 5 of 21 to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Charter Amendment to the City Attorney. The City Attorney shall prepare an impartial analysis of the Charter Amendment, not to exceed 500 words in length, showing the effect of the Charter Amendment on the existing law and the operation of the Charter Amendment. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Charter Amendment as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Charter Amendment was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the Charter Amendment is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the Impartial Analysis, in no less than 10-font bold type, the following: “The above statement is an Impartial Analysis of Charter Amendment/Measure ____. If you desire a copy of the Charter Amendment/Measure, please call the election official’s office at (909) 384-5002 and a copy will be mailed at no cost to you.” SECTION 6. Rebuttals. A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Charter Amendment which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Charter Amendment to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than March 25, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. That the provisions herein shall apply only to the election to be held on June 7, 2022. SECTION 7. Placement on the Ballot. The full text of the Charter Amendment shall not be printed in the voter information guide, but a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Charter Amendment/Measure, at no cost, upon request made to the City Clerk. SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Charter 3.a Packet Pg. 33 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 6 of 21 Amendment attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters/Elections Official of San Bernardino County. SECTION 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run. SECTION 10. CEQA. The Mayor and City Council hereby find and determine that this Resolution and the Charter Amendment relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5). SECTION 11. 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 of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 3.a Packet Pg. 34 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 7 of 21 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of __________ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 3.a Packet Pg. 35 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 8 of 21 EXHIBIT “A” CHARTER AMENDMENT/MEASURE “___” THE PEOPLE OF THE CITY OF SAN BERNARDINO DO HEREBY AMEND THE SAN BERNARDINO CITY CHARTER AS FOLLOWS: SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of San Bernardino at the scheduled election so designated by City Council resolution placing the proposal on the ballot for such election, the San Bernardino City Charter is hereby amended to read as follows: “ CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers 3.a Packet Pg. 36 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 9 of 21 The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”). The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. 3.a Packet Pg. 37 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 10 of 21 Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. Section 302. Powers and Duties of the Council The Council shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council shall operate as a single unit to serve the best interests of the City. The Council will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. Section 303. Selection, Powers, and Duties of the Mayor and Mayor Pro Tempore At its second meeting in December of each calendar year, the Council shall select a Mayor and Mayor Pro Tempore from one of its own members by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The Mayor or Mayor Pro Tempore may be removed from their role in the same manner. In such event, or in the event either officer resigns the role, the Council shall select a replacement in the same manner. By resolution or ordinance, the Council may establish a rotation system for these roles, limits on the number of consecutive terms a member of the Council may serve in such roles, or both. The Mayor shall have the following powers and perform the following duties, in addition to that official’s powers and duties as a Council Member: (a) Preside over meetings of the Council; 3.a Packet Pg. 38 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 11 of 21 (b) Nominate the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), subject to Council ratification; (c) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (d) Represent the City in community and governmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and (e) Execute all ordinances, resolutions, contracts, and other documents as may be requested by the City Council or required by applicable law. The Mayor shall have no administrative, appointment, or removal powers except as otherwise provided in this Charter. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least four affirmative votes of the Council. Section 305. Compensation; Expenses Compensation for the Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. 3.a Packet Pg. 39 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 12 of 21 (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. No Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the members of the Council from expressing their views and fully and freely discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. No Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Council, by a vote of a majority of the entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government 3.a Packet Pg. 40 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 13 of 21 management. The Council shall establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Council may request regarding operations; (i) Make recommendations to the Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Council members; (k) Assist the Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Council, staff, and citizens in developing public policy and building a sense of community; 3.a Packet Pg. 41 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 14 of 21 (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for else where in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk 3.a Packet Pg. 42 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 15 of 21 A duly qualified City Clerk shall be hired by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. 3.a Packet Pg. 43 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 16 of 21 There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the majority of the entire Council, as provided in section 304(b) to serve without compensation. The Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of a majority of the entire Council, as provided in section 304(b). The Council may remove Commissioners in the same manner. Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. The Board shall have the following powers and responsibilities: 3.a Packet Pg. 44 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 17 of 21 (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the majority of the entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies 3.a Packet Pg. 45 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 18 of 21 on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Article VIII: ELECTIONS Section 800. City Elections 3.a Packet Pg. 46 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 19 of 21 Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. Section 801. Elective Officers; Terms The elective officers of the City shall consist of seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward by the voters within that ward. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. ARTICLE XI: SEVERABILITY 3.a Packet Pg. 47 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 20 of 21 Section 1100. Severability If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or cir cumstances shall not be affected.” SECTION 2. Approval, Filing and Recordation of Charter Amendment. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authenticate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment with the San Bernardino County Recorder’s Office, (ii) file one copy in the City’s archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and filed in the City’s archives shall also be filed with the following documents: A. Certified copies of all publications and notices required of the City by State law in connection with the calling of an election to propose the Charter Amendment. B. Certified copies of any arguments for or against the Charter Amendment that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq. C. A certified abstract of the vote at the election at which the Charter Amendment was approved by the voters. SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of San Bernardino voting at the Primary Municipal Election of June 7, 2022. However, this Charter Amendment shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460. SECTION 4. Severability. If any provision of this Charter Amendment or the application thereof to any person or circumstance is held invalid, the remainder of the Charter Amendment and the application of such provision to other persons or circumstances shall not be affected thereby. 3.a Packet Pg. 48 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Resolution No. 2022-25 Resolution 2022-25 Page 21 of 21 I hereby certify that the foregoing Charter Amendment was PASSED, APPROVED AND ADOPTED by the People of the City of San Bernardino on the 7th day of June, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 3.a Packet Pg. 49 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot.2 (8798 : Veto Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries 1 Section 101. Powers of the City 1 Section 102. Interpretation of Powers 1 Section 103. Rights and Succession 1 Section 104. Intergovernmental Relations 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government 2 ARTICLE III: CITY COUNCIL AND MAYOR 2ARTICLE III: CITY COUNCIL 2 Section 300. General Powers and Duties 2 Section 301. Composition, Eligibility, and Terms 2 Section 302. Powers and Duties of the Council 3 Section 303.Powers and Duties of the Mayor 3Section 303.Selection, Powers,and Duties of the Mayor and Mayor Pro Tempore 3 Section 304. Manners of Action 4 Section 305. Compensation; Expenses 4 Section 306. Prohibitions 4 Section 307. Vacancies; Filling of Vacancies 5 Section 308. Judge of Qualifications 5 Section 309. Council Organization, Meetings and Rules of Order 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation 5 Section 401. Powers and Duties 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions 7 Section 502. Direction by City Manager 7 3.b Packet Pg. 50 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Section 503. Continuation of Departments 7 3.b Packet Pg. 51 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 2 Section 504. City Attorney 7 Section 505. City Clerk 7 Section 506. Departmental Administrators; Appointive Powers 8 Section 507. Services 8 Section 508. Personnel System 8 Section 509. Official Bonds.8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules 9 Section 602. Library 9 Section 603. Water and Wastewater 9 Section 604. Personnel Commission 10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year 10 Section 701. Submission of Budget and Budget Message 10 Section 702. Budget and Capital Improvement Program 10 Section 703. Council Action on the Budget and Capital Improvement Plan 11 Section 704. Independent Audit 11 Article VIII: ELECTIONS 11 Section 800. City Elections 11 Section 801. Elective Officers; Terms 11 Section 802. Number of Wards 12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall 12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments 12 Section 1001. Periodic Review of Charter 12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability 12 3.b Packet Pg. 52 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All PROPOSED CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 3.b Packet Pg. 53 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”),and to the extent provided in this Charter,the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 3.b Packet Pg. 54 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 3 Section 302. Powers and Duties of the Council The Council,in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate togetheras a single unit to serve the best interests of the City. The Council,in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council,in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5)or more Council members. Section 303.Selection, Powers,and Duties of the Mayor and Mayor Pro Tempore TheAt its second meeting in December of each calendar year, the Council shall select a Mayor and Mayor Pro Tempore from one of its own members.In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office,the by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The Mayor or Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.may be removed from their role in the same manner. In such event, or in the event either officer resigns the role, the Council shall select a replacement in the same manner. By resolution or ordinance, the Council may establish a rotation system for these roles, limits on the number of consecutive terms a member of the Council may serve in such roles, or both. However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action,but may continue to exercise his or her vote as a Council member. Section 303.Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charterthat official’s powers and duties as a Council Member: (a)Attend and preside at meetings of the Council and may participate fully in all discussions,but shall not be entitled to vote except in the event of a tie, to veto a matter,and as otherwise provided in this Charter; (a)(b) Have the authority to veto any Council action approved by fewer than five (5) membersPreside over meetings of the Council; (c)Shall participate in the vote (1)to appoint or remove the City Manager,City Attorney and City Clerk and fix their compensation and (2)to appoint or remove members of boards,commissions or committees,except committees made up wholly of less than a majority of City Council members; (b)(d)AppointNominate the members and officers of Council committees (committees 3.b Packet Pg. 55 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 4 made up wholly of less than a majority of City Council members), and perform other duties as specified by thesubject to Council ratification; (c)(e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f)Be the chief spokesperson for the City;and 3.b Packet Pg. 56 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 5 (d)(g) Represent the City in intergovernmentalcommunity and governmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council;and (e)(h) Execute all ordinances, resolutions and, contracts approved, and other documents as may be requested by the City Council except as otherwise authorized by the City Councilor required by applicable law. The Mayor shall have no administrative, appointment, or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business,professional or occupational activities that interfere with the discharge of the duties of the office. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least fivefour affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor anyNo Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not 3.b Packet Pg. 57 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 6 preclude the Mayor or members of the Council from expressing their views and fully and freely 3.b Packet Pg. 58 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 7 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor anyNo Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council,and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of a majority of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 3.b Packet Pg. 59 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 8[Link-to-previous setting changed from on in original to off in modified.]. establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m)Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor,Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 3.b Packet Pg. 60 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 9 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor,City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of a majority of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of a majority of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 3.b Packet Pg. 61 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 10 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 3.b Packet Pg. 62 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 11 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of a majority of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor andmajority of the entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of a majority of the Mayor and entire Council, as provided in section 304(b). The Council may remove Commissioners in the same manner. Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a)Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d)Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e)Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 3.b Packet Pg. 63 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 12 (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g)Collaborate with the Council,Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h)Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor andmajority of the entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. 3.b Packet Pg. 64 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 13 Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years,consistent with the timing of elections for state and federal offices,the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1)year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward by the voters within that ward. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor,each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Article VIII:ELECTIONS Section 800. City Elections Article VIII:ELECTIONS 3.b Packet Pg. 65 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Proposed San Bernardino Charter (Final)Page 14 If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. by the voters within that ward.The Mayor shall continue to be elected at large for a term of four (4)years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. ARTICLE XI:SEVERABILITY Section 1100. Severability ARTICLE XI:SEVERABILITY 3.b Packet Pg. 66 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All 0 Table Insert Changes: 0 Table Delete 0 Add Intelligent Table Comparison: Active Table moves to 38 0 Summary report: Litera Compare for Word 11.1.0.69 Document comparison done on 1/21/2022 4:44:31 PM Table moves from 0 Delete Embedded Graphics (Visio, ChemDraw, Images etc.) 100 0 Original DMS: iw://imanage/iManage/34752267/1 Embedded Excel 0 Move From Format changes 0 0 Total Changes: Modified DMS: iw://imanage/iManage/34752267/2 138 Move To Style name: Default Style 3.b Packet Pg. 67 Attachment: Attachment 2 - Draft City Charter (Redline) (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 3.c Packet Pg. 68 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries ....................................................................................... 1 Section 101. Powers of the City ............................................................................................. 1 Section 102. Interpretation of Powers .................................................................................... 1 Section 103. Rights and Succession ...................................................................................... 1 Section 104. Intergovernmental Relations .............................................................................. 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government ......................................................................................... 2 ARTICLE III: CITY COUNCIL AND MAYOR 2 Section 300. General Powers and Duties ............................................................................... 2 Section 301. Composition, Eligibility, and Terms .................................................................... 2 Section 302. Powers and Duties of the Council ...................................................................... 3 Section 303. Powers and Duties of the Mayor ........................................................................ 3 Section 304. Manners of Action ............................................................................................. 4 Section 305. Compensation; Expenses .................................................................................. 4 Section 306. Prohibitions ....................................................................................................... 4 Section 307. Vacancies; Filling of Vacancies ......................................................................... 5 Section 308. Judge of Qualifications ...................................................................................... 5 Section 309. Council Organization, Meetings and Rules of Order ........................................... 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation ............................. 5 Section 401. Powers and Duties ............................................................................................ 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions ............................................................................................ 7 Section 502. Direction by City Manager ................................................................................. 7 Section 503. Continuation of Departments ............................................................................. 7 3.c Packet Pg. 69 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 2 Section 504. City Attorney ...................................................................................................... 7 Section 505. City Clerk .......................................................................................................... 7 Section 506. Departmental Administrators; Appointive Powers .............................................. 8 Section 507. Services ............................................................................................................ 8 Section 508. Personnel System ............................................................................................. 8 Section 509. Official Bonds. ................................................................................................... 8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions ............................................................................................ 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules .......................... 9 Section 602. Library ............................................................................................................... 9 Section 603. Water and Wastewater ...................................................................................... 9 Section 604. Personnel Commission .....................................................................................10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year .......................................................................................................10 Section 701. Submission of Budget and Budget Message .....................................................10 Section 702. Budget and Capital Improvement Program .......................................................10 Section 703. Council Action on the Budget and Capital Improvement Plan ...........................11 Section 704. Independent Audit ............................................................................................11 Article VIII: ELECTIONS 11 Section 800. City Elections ...................................................................................................11 Section 801. Elective Officers; Terms....................................................................................11 Section 802. Number of Wards .............................................................................................12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall .........................................................12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments .....................................................................................12 Section 1001. Periodic Review of Charter .............................................................................12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability .....................................................................................................12 3.c Packet Pg. 70 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 3.c Packet Pg. 71 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”), and to the extent provided in this Charter, the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 3.c Packet Pg. 72 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 3 Section 302. Powers and Duties of the Council The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member. Section 303. Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charter: (a) Attend and preside at meetings of the Council and may participate fully in all discussions, but shall not be entitled to vote except in the event of a tie, to veto a matter, and as otherwise provided in this Charter; (b) Have the authority to veto any Council action approved by fewer than five (5) members of the Council; (c) Shall participate in the vote (1) to appoint or remove the City Manager, City Attorney and City Clerk and fix their compensation and (2) to appoint or remove members of boards, commissions or committees, except committees made up wholly of less than a majority of City Council members; (d) Appoint the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), and perform other duties as specified by the Council; (e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f) Be the chief spokesperson for the City; and 3.c Packet Pg. 73 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 4 (g) Represent the City in intergovernmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council; and (h) Execute all ordinances, resolutions and contracts approved by the City Council except as otherwise authorized by the City Council. The Mayor shall have no administrative, appointment or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business, professional or occupational activities that interfere with the discharge of the duties of the office. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least five affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor any Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the Mayor or members of the Council from expressing their views and fully and freely 3.c Packet Pg. 74 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 5 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor any Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council, and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 3.c Packet Pg. 75 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 6 establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor, Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 3.c Packet Pg. 76 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 7 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 3.c Packet Pg. 77 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 8 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 3.c Packet Pg. 78 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page 9 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 3.c Packet Pg. 79 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council, Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan 3.c Packet Pg. 80 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor, each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Section 800. City Elections Article VIII: ELECTIONS Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years, consistent with the timing of elections for state and federal offices, the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1) year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward 3.c Packet Pg. 81 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) San Bernardino Charter Page by the voters within that ward. The Mayor shall continue to be elected at large for a term of four (4) years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. Section 1100. Severability ARTICLE XI: SEVERABILITY If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. 3.c Packet Pg. 82 Attachment: Attachment 3 - Current City Charter (8798 : Veto Reconsideration Per Muni Code 1.08.040 of Charter Amendment (All Wards)) 3.d Packet Pg. 83 Attachment: Attachment 4- Veto of City Charter Amendment to Eliminate the Elected At-Large Mayor (8798 : Veto Reconsideration Per Muni Page 1 Discussion City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 571 (All Wards) Recommendation Adopt Urgency Ordinance No. MC-1573, an Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 to Chapter 2.55 to the City of San Bernardino Municipal Code Regarding Default Local Campaign Contributions. Background The Political Reform Act (Gov. Code, § 81000 et seq.) includes regulations regulating campaign finance, lobbying activity, and conflicts of interest. Government Code section 81013 provides, “nothing in this title prevents the Legislature or any other state or local agency from imposing additional requirements on any person if the requirements do not prevent the person from complying with this title. If any act of the Legislature conflicts with the provisions of this title, this title shall prevail.” Accordingly, the City is permitted by state law to impose its own campaign finance regulations, including campaign contribution limits. AB 571 Campaign Contribution Limit On January 1, 2021, Assembly Bill (AB) 571 went into effect. AB571 set default contribution limits for elective county and city offices aligning with the contribution limits set for elected officers of the state Assembly and Senate. Under AB 571, the Fair Political Practices Commission (FPPC) will have administration and enforcement authority regarding the default contribution limits for cities and counties without their own local contribution limits, and makes violations of default contribution limits within the FPPC’s purview punishable as a misdemeanor. These contribution limits may be adjusted by the FPPC in January of odd-numbered years to reflect increases or decreases in the Consumer Price Index (CPI). AB 571 also extends contribution restrictions for elective county or city offices regarding personal loans and for committees created to oppose recall measures. Under the new law, cities were permitted to adopt local campaign ordinances that contain additional restrictions and requirements that are more precisely tailored to the needs of their communities. 4 Packet Pg. 84 8810 Page 2 At a City Council workshop in August 2020, the City Council requested staff bring back an ordinance to establish unlimited campaign contribution limits. The City Council was presented with a draft ordinance on September 2, 2020 and again on September 16, 2020. At the September 16 meeting, after consideration of the matter, the City Council decided to defer to the state’s limit, which is presently set at $4,900 from an individual per election, enforced by the FPPC. Subsequently, in June 2021, the City Council adopted an ordinance that established local campaign finance regulations, which included the following: (1) limits on the solicitation and receipt of contributions from applicants and their ag ents during the permitting process; (2) additional disclosure requirements; and (3) restrictions and disclosure requirements for applicants making certain contributions. The ordinance did not include a general campaign contribution limit. The FPPC has published a fact sheet on how it will implement AB571 and regulate those cities in California that choose not to adopt their own campaign contribution limits. According to the FPPC, “along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB571 discussed in this fact sheet apply to candidates in cities and counties for which the city or county has enacted campaign contribution limits.” A copy of the fact sheet is attached to this report. (Attachment 2) One of these new provisions is a requirement that a candidate establish a new separate committee and bank account for each election. Candidates may no longer simply re-designate a committee for one election for another election. Discussion Staff has drafted the proposed Urgency Ordinance to both inform the City Council of the new AB571 provisions and to provide the City Council with the option to retain the campaign contribution default limit at the AB571 amount, while at the same time ensuring that the other provisions do not apply in the City. The proposed ordinance simply adopts the same default limit and will allow for update d biennial inflation increases just as AB571 allows for them. By adopting the proposed ordinance, the City does not change its prior policy position - the same limits apply. If the City Council wants to affirm its previous decision and defer to the AB571 campaign contribution default limits and avoid application of the provisions described above , it should adopt the proposed ordinance. This could reduce bureaucratic hurdles for candidates for elective office in the City, while simultaneously maintaining per-election limits on campaign contributions. The City currently contracts with the FPPC for the enforcement of its existing local campaign finance regulations. The FPPC has the skills, knowledge, experience, and expertise in the enforcement and interpretation of campaign laws necessary to effectively advise, investigate, audit and assist the City on such matters. On June 2, 2021, the Mayor and City Council authorized the City Manager to execute an agreement with the FPPC for campaign law enforcement. The agreement provides for auditing, 4 Packet Pg. 85 8810 Page 3 enforcement, campaign compliance assistance, legal review, and education and training. (Attachment 3) The term of the agreement encompasses the two -year election cycle period of July 1, 2021 through June 30, 2023. Du e to the nature of audits and investigations, some services may occur on dates after the election cycles. 2021-2025 Strategic Targets and Goals The proposed action would meet Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 2: Focused, Aligned Leadership and Unified Community. The proposed action would streamline the process to public office while maintaining contribution limits. Fiscal Impact There is no direct financial impact related to this discussion. Conclusion Staff recommends that the City Council Adopt Urgency Ordinance No. MC -1573, an Urgency Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Section 2.55.030 to Chapter 2.55 to the City of San Bernardino Municipal Code Establishing A Local Campaign Contribution Limit. Attachments Attachment 1 Urgency Ordinance No. MC-1573 Establishing Campaign Contribution Limits Attachment 2 AB 571 FPPC Fact Sheet Attachment 3 FPPC Agreement Ward: All Wards September 2 and 16, 2020 Considered but did not adopt, Ordinance MC-1542, establishing no campaign contribution limit requirements for elected officials within the City of San Bernardino. December 16, 2020 The City Council requested that staff prepare an ordinance establishing local campaign finance regulations including: 1) Election campaign contribution limits; 2) Limits on contributions by applicants and their agents during the permitting process; 3) Limits on solicitation of contributions by elected from applicants and their agents during the permitting process; 4) Disclose requirements for any contributions for a 12-month period prior to any Council action involving the contributor. April 21, 2021 The Mayor and City Council reviewed and discussed a draft Ordinance No. MC-1558 establishing local 4 Packet Pg. 86 8810 Page 4 campaign finance regulations. Following discussion and feedback from the City Council, the item was continued. May 19, 2021 Ordinance No. MC-1558 adding chapter 2.55 to the City of San Bernardino Municipal Code relating to local campaign finance regulations was introduced for first reading. June 2, 2021 Adoption of Ordinance No. MC-1554, adding Chapter 2.55 to the City of San Bernardino Municipal Code, relating to local campaign finance regulations, adoption of Resolution No. 2021-13 authorizing the City Manager to execute an agreement with the State of California Fair Political Practices Commission for campaign law enforcement, and budget amendment to support enforcement. 4 Packet Pg. 87 Urgency Ordinance No. ________ 1 URGENCY ORDINANCE NO. _______ URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING SECTION 2.55.030 ESTABLISHING MANDATORY CAMPAIGN CONTRIBUTION LIMIT REQUIREMENTS FOR ELECTED OFFICIALS WITHIN THE CITY OF SAN BERNARDINO WHEREAS, the California State Legislature in 2019 passed Assembly Bill 571 (“AB 571”) which creates campaign contribution limits, identical to those imposed on State Assembly and Senate candidates, for all levels of government; and WHEREAS, under existing law, cities and counties are empowered to impose their own contribution limits for elective city or county office; and WHEREAS, while AB 571 sets forth default statewide limits on contributions, AB 571 also permits cities and counties to impose contribution limits that differ from the default limits and that are more in tune with their own communities; and WHEREAS, if a city or county fails to impose its own contribution limits by January 1, 2020, then the default levels set by AB 571 will be imposed; and WHEREAS, in addition to imposing contribution limits, AB 571 imposes a number of bureaucratic hurdles for candidates for elective office; and WHEREAS, while the City Council is comfortable with the State’s campaign contribution limits, it does not want to impose additional hurdles on candidates for elective office; and WHEREAS, these bureaucratic hurdles may deter potential candidates from running for office, particularly those who do not have access to expensive campaign consultants; and WHEREAS, therefore, the City Council would like to adopt its own mandatory campaign contribution limits, which mirror the State’s limits, but eliminate the need for compliance with the additional bureaucratic rules imposed by AB 571; and WHEREAS, with the beginning of the 2022 election cycle there is now an urgent need to take immediate action to prevent candidates unnecessarily having to take additional steps in order to run for office within the City; and WHEREAS, Section 304 of the City Charter and Section 1.08.010 of the City’s Municipal Code provide that actions of the City Council require a simple majority vote of the quorum present for approval unless otherwise required by the charter, state law or federal law; and WHEREAS, while state law imposes additional voting requirements for urgency ordinances for general law cities, no such rule applies to the City of San Bernardino. 4.a Packet Pg. 88 Attachment: Attachment 1 - Urgency Ordinance No. MC-1573 Establishing Campaign Contribution Limits (8810 : Urgency Ordinance Urgency Ordinance No. ________ 2 NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2. Addition of Section 2.55.030. Section 2.55.030 is hereby added to the San Bernardino Municipal Code to read as follows: “2.55.030 Campaign Contribution Limits to City Elective Office Candidates A. A person shall not make to a candidate for elective city office, and a candidate for elective city office shall not accept from a person, a contribution totaling more than $4,900. B. On January 1, 2023, and every odd-numbered year thereafter, the limit set forth in subsection A shall be adjusted to reflect any increase or decrease in the Consumer Price Index in the same manner as the Fair Political Practices Commission adjusts the limits under Government Code section 85301(d) or any successor provision. C. Nothing in this section shall be deemed to exempt any person from complying with applicable provisions of any other laws of this state.” SECTION 3. Severability. If any section, subsection, subdivision, sentence, or clause or phrase in this Urgency Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Urgency Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective. SECTION 4. Effective Date. This Urgency Ordinance shall become effective immediately upon adoption. SECTION 5. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Urgency 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 ___________, 2022. John Valdivia, Mayor City of San Bernardino 4.a Packet Pg. 89 Attachment: Attachment 1 - Urgency Ordinance No. MC-1573 Establishing Campaign Contribution Limits (8810 : Urgency Ordinance Urgency Ordinance No. ________ 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney 4.a Packet Pg. 90 Attachment: Attachment 1 - Urgency Ordinance No. MC-1573 Establishing Campaign Contribution Limits (8810 : Urgency Ordinance Urgency Ordinance No. ________ 4 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Urgency Ordinance No. _______, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this __ day of __________ 2022. Genoveva Rocha, CMC, City Clerk 4.a Packet Pg. 91 Attachment: Attachment 1 - Urgency Ordinance No. MC-1573 Establishing Campaign Contribution Limits (8810 : Urgency Ordinance Fair Political Practices Commission Contribution Limits: City and County Candidates1 Introduction Pursuant to Assembly Bill 571 (Stats. 2019, Ch. 556, AB 571 Mullin), beginning January 1, 2021 a state campaign contribution limit will by default apply to city and county candidates when the city or county has not already enacted a contribution limit on such candidates. Along with the new campaign contribution limit, there are also other related provisions that formerly applied only to state level candidates that will now apply to city and county candidates. Please note that none of the provisions of AB 571 discussed in this fact sheet apply to candidates in cities or counties for which the city or county has enacted campaign contribution limits. Current State Contribution Limit The contribution limit that will now apply to city and county candidates pursuant to AB 571 is updated biennially for inflation. Contribution limits can be found in Regulation 18545(a)2 and on the FPPC website’s FPPC Regulations page. The default limit for contributions to city and county candidates subject to AB 571 for 2021-2022 is set at $4,900 per election. Other Provisions Affecting City and County Candidates Several other provisions will now apply to city and county candidates in jurisdictions that have not enacted campaign contribution limits, including the following: • A candidate may not make a contribution over the AB 571 limit to another candidate in jurisdictions subject to the AB 571 limit with limited exceptions related to recall elections, legal defense funds and candidate- controlled ballot measure committees. (See Regulation 18535 for more information.) • A candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Candidates may not redesignate a committee for one election for another election. • Candidates may transfer non-surplus campaign funds from one candidate- controlled committee to another committee controlled by the same candidate for a different office if the committee receiving the transfer is for an elective state, county or city office. However, contributions transferred must be attributed and transferred using the “last in, first out” or “first in, first out” accounting method and www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 1 of 8 4.b Packet Pg. 92 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill shall not exceed the applicable contribution limit per contributor. If a candidate is seeking to transfer campaign funds from one controlled committee to another for the same office a candidate may carry over non-surplus campaign funds raised in connection with one election to pay for campaign expenditures incurred in connection with a subsequent election for the same office without attributing or using the “last in, first out” or “first in, first out” accounting method. (See Regulation 18536 for more information on the transfer and attribution of contributions and See Regulation 18537.1 for more information on carryover of contributions.)1 • Candidates may not personally loan to a candidate’s campaign an amount for which the outstanding balance exceeds $100,000. “Campaign” includes both the primary and general, or special and special runoff, elections. However, a candidate may loan each committee for a different office or term of office up to $100,000. A candidate may not charge interest on any such loan the candidate made to the candidate’s campaign. (See Regulation 18530.8 for more information.) • Candidates may establish a committee to oppose the qualification of a recall measure and the recall election when the candidate receives a notice of intent to recall. Campaign funds raised to oppose the qualification of a recall measure and/or the recall election would not be subject to any campaign contribution limit under the Act. (See Regulation 18531.5 for more information.) • A candidate for local office may open a candidate-controlled general purpose ballot measure committee to oppose or support a measure being voted on. The committee must identify on its campaign statements and reports each measure for which an expenditure of $100 or more is made. (See Regulations 18421.8 and 18521.5 for more information.) • Contributions after the date of the election may be accepted to the extent contributions do not exceed net debts outstanding from the el ection, and contributions do not otherwise exceed applicable contribution limits for that election. (See Regulation 18531.64 for more information.) 1 This fact sheet is informational only and contains only highlights of selected provisions of the law. It does not carry the weight of the law. For further information, consult the Political Reform Act and its corresponding regulations, advice letters, and opinions. 2 The Political Reform Act is contained in Government Code Sections 81000 through 91014. All statutory references are to the Government Code, unless otherwise indicated. The regulations of the Fair Political Practices Commission are contained in Sections 18110 through 18997 of Title 2 of the California Code of Regulations. All regulatory references are to Title 2, Division 6 of the California Code of 1 Regulations, unless otherwise indicated. FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 2 of 8 www.fppc.ca.gov 4.b Packet Pg. 93 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill • Candidates are permitted to raise contributions for a general election before the primary election and may establish separate campaign contribution accounts for the primary and general so long as candidates set aside contributions and use them for the general or special general election as raised. If the candidate is defeated in the primary election or otherwise withdraws from the general election, the general election funds must be refunded to contributors on a pro rata basis less any expenses associated with the raising and administration of the general election contributions. (See Regulation 18531.2 for more information.) • Candidates that are currently in office that are running for reelection to the same seat in an election after January 1, 2021 may carry over campaign funds without attribution as mentioned above. Candidates running for a different office also do not need to do LIFO FIFO or attribution for the election immediately subsequent to the election prior to 2021 for which the money was raised. • Candidates must disclose cumulative totals of contributions received or made for each election on campaign statements. (See Regulation 18421.4 for more information.) FAQs A. If a city or county does not currently have contribution limits set within their ordinance would the state contribution limit be the default? Yes. The state contribution limit stated above would be the default contribution limit if the city or county ordinance is silent on whether there are contribution limits within that jurisdiction or if there is no city or county ordinance in place. B. Is there a way for a city or county to adopt “no” contribution limits for city or county elective city and county offices? Yes. A city or county may elect to have “no” contribution limits. To do so, it must explicitly state in the city or county ordinance that there are no limits on contributions. If it is explicit that the city or county has implemented “no” contribution limits, the state contribution limit will not apply as a default for that jurisdiction. C. Can a city or county ordinance be less restrictive than the AB 571 limit (e.g., the city or county limit is set higher than the state limit)? Yes. A city or county can set contribution limits higher than the default state limit. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 3 of 8 4.b Packet Pg. 94 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill D. If a city or county imposes contribution limits, is the Commission responsible for enforcing those limits? No. The Commission will not regulate the administration or enforcement of the penalties. Cities or counties with existing limits or that adopt their own limits are not subject to the state limit and may impose their own penalties for violations. E. If a city or county has voluntary contribution limits, but no mandatory contribution limits will the state limit be applicable? Yes. A city or county must enact mandatory contribution limits to avoid the state limit applying to elective city and county offices. F. Does the default contribution limit also include judicial candidates? No. Elective city and county offices do not include judicial offices. G. If a city or county has imposed contribution limits for particular city or county offices (e.g., Board of Supervisors), do those limits also apply to other positions such as the District Attorney or would the default state limit apply if a particular position is not specifically addressed by the city or county? The default state limit would apply to other positions for which the city or county has not set contribution limits. A city or county ordinance must explicitly state the city or county contribution limits and for which elective offices those limits will apply. A city or county may adopt a general provision implementing a contribution limit for all elective city and county offices in that jurisdiction. As noted above, a city or county may also adopt an ordinance that states the city or county is adopting no contribution limits for any offices to avoid the default state limit applying. H. Does AB 571 apply to special district or school district elections? No. AB 571 applies only to city and county elections for offices that a city or county has not implemented its own contribution limit. I. Does AB 571 apply to the office of County Superintendent of Schools or the office of County Board of Education? AB 571 does apply to the office of County Superintendent of Schools because it is considered a “county” office. However, the office of County Board of Education is not subject to AB 571 because it’s not considered a “county” position. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 4 of 8 4.b Packet Pg. 95 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill J. Can candidates that are subject to the AB 571 contribution limit open an officeholder committee? No. Officeholder committees are not permitted for candidates subject to the AB 571 contribution limit. However, a candidate may use a committee for the officeholder’s future election for officeholder expenses. A candidate may also use existing funds in the election committee for current office for officeholder expenses. K. Does the AB 571 contribution limit apply to debt retirement for the 2020 election? No. For purposes of retiring debt, the contribution limit is the one that was applicable to that election. The Act did not impose a contribution limit on city and county candidates in 2020. L. If a contribution was received for an election occurring after January 1, 2021, PRIOR to January 1, 2021, does this contribution count towards the new AB 571 contribution limit after January 1, 2021? No. The Commission adopted a formal opinion on April 15, 2021 that states contributions made prior to the effective date of AB 571 are not aggregated with contributions made on or after the effective date of AB 571 for purposes of the new contribution limit. Therefore, if someone contributed up to or above the current limit to an AB 571 committee prior to January 1, 2021 the same person can give additional contributions to the same committee up to the AB 571 contribution limit on or after January 1, 2021. M. If a contributor gave $10,000 in 2020 (prior to the AB 571 limit going into effect) to a committee for a 2022 primary election, what happens? The AB 571 contribution limit does not apply to contributions made prior to January 1, 2021 so a contribution of this amount is permissible. N. Does the AB 571 contribution limit apply to political party committees and small contributor committees making contributions to candidates subject to the AB 571 limit? Yes. Political parties and small contributor committees are only permitted to give contributions to candidates subject to the AB 571 in amounts up to the applicable AB 571 contribution limit for that candidate. O. Does the AB 571 limit apply to county central committee candidates? www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 5 of 8 4.b Packet Pg. 96 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill No. AB 571 imposes a contribution limit on city and county elective offices when a local jurisdiction has not already done so. Local jurisdictions are prohibited from placing contribution limits on county central committee candidates; therefore, AB 571 is not applicable to those offices. P. If an election was held in November 2020, but resulted in the need for a run-off election to be held in February 2021, how would the contributions be treated under AB 571? The run-off election is considered a new election. If a contributor gave any amount to an AB 571 candidate for the November 2020 election, the same contributor would still be permitted to contribute up to $4,900 (the AB 571 limit) to the same candidate for the February 2021 run-off election. Q. An AB 571 candidate for city council would like to send out a request for contributions to their constituents. Do they need to include anything specific in the request? Yes. A candidate that is subject to AB 571 must have the following information in the solicitation: the name of the controlled committee soliciting contributions, and the specific office for which those contributions will be used. R. If an AB 571 candidate is the subject of a recall, is their committee to oppose the recall subject to contribution limits? No. There are no contribution limits for a committee controlled by a candidate that is the subject of a recall that is formed to oppose the recall. S. An AB 571 candidate has debts for an election held after January 1, 2021, may the candidate terminate their committee? No. If a candidate-controlled committee has outstanding debts for an election held after January 1, 2021, they may not terminate without resolving or paying off the debt. When the committee has no net debts outstanding, the committee must be terminated within 24 months after the earliest of the date the candidate is defeated, leaves office, or the term of office for which the committee was formed ends, or, for withdrawn candidates no later than 24 months after the election from which the candidate withdrew. Please see Regulation 18404.1 for more on termination requirements for committees subject to AB 571. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 6 of 8 4.b Packet Pg. 97 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill T. If a local jurisdiction, which is subject to AB 571, passes a local campaign contribution ordinance, are the candidates still subject to AB 571? No. They would no longer be subject to AB 571. www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 7 of 8 4.b Packet Pg. 98 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill Index of Regulations and Government Codes: FPPC Regulations: 18404.1 18421.4 18421.8 18521 18521.5 18523.1 18530.2 18530.8 18531.2 18531.5 18531.61 18531.63 18531.64 18535 18536 18537.1 18545 18951 Government Code(s): 85301 85303 85304.5 85305 85306 85307 85315 85316 85317 85318 85702.5 www.fppc.ca.gov FPPC advice: advice@fppc.ca.gov 1.866.275.3772 FPPC Ed. Pro. 086-10-2021 Page 8 of 8 4.b Packet Pg. 99 Attachment: Attachment 2 - AB 571 Fact Sheet (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 100 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 101 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 102 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 103 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 104 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 105 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 106 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 4.c Packet Pg. 107 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill 9/21/21 4.c Packet Pg. 108 Attachment: Attachment 3 - FPPC Agreement (8810 : Urgency Ordinance Establishing Campaign Contribution Limitations Under Assembly Bill Page 1 Public Hearing City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Oliver Mujica, Planning Division Manager Subject: Public Hearing Notification - Development Code Amendment 21-04 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Introduce, read by title only, and waive further reading of Ordinance No. MC - 1574 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21-04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications; and finding that Development Code Amendment 21-04 is exempt from review under the California Environmental Quality Act; and 2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on March 2, 2022. Background California Government Code Sections 65090, 65091 and 66451.3 establish procedures for the processing of discretionary land use entitlement applications and the related public hearing noticing requirements. Cities and counties are required to adopt these requirements, but at no time can the locally adopted requirements be less restrictive than those of the State. On June 21, 2021, the Mayor and City Council directed staff to prepare a Development Code Amendment to increase the public hearing notification requirement from 500 feet to 1,000 feet, and that the public hearing notification not only include the property owner, but also include tenants on the property. Staff has reviewed the City’s existing code requirements against those of the California Government Code. The State’s minimum distance for notifying a property owner of an upcoming public hearing is 300 feet, while the City’s requirement is 500 feet. Both the State and the City require that only a property owner be notified of an upcoming 5 Packet Pg. 109 8783 Page 2 hearing, not a rental or business tenant. The City’s requirements may not be adequate for notifying the public of an upcoming public hearing due the large number of absentee property owners and consequently the large number of tenants. Thus, not all residents and businesses may be adequately notified of a public hearing, and in turn may not have an opportunity to express their concerns and/or comments that a potential project within their vicinity may or may not impact them. Additionally, based upon past general public concerns, other cities have adopted even more expansive public notification requirements than that of the California Government Code. It is not uncommon today for cities to have adopted a 1,000-foot public hearing notification requirement. On September 14, 2021, by a unanimous vote, the Planning Commission adopted Resolution No. 2021-024 forwarding a recommendation that the Mayor and City Council approve Development Code Amendment 21 -04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code to update the public hearing notification requirements for discretionary land use entitlement applications (Attachment 2). The Planning Commission included in their recommendation that public hearing notices be prepared in English and Spanish, and that the notices be sent to business tenants. A notice of the February 16, 2022 public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on February 1, 2022 (Attachment 3). Discussion Under proposed Development Code Amendment 21 -04, Section 19.52.020 (Hearings and Appeals - Application Processing) of the City of San Bernardino Development Code will be amended to read, as follows: “Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091 and 66451.3. Chapter 19.52 (Hearings and Appeals) of the San Bernardino Municipal Code establishes public notification requirements. The existing code requirements are as follows: Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by the following methods: 1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; 2. By mailing, 10 days prior to said hearing, postage prepaid, to 5 Packet Pg. 110 8783 Page 3 the owners and tenants (residential and business) of a property within a radius of 500 1,000 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners and tenants (residential and business) as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner and tenant (residential and business) addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant , or a title insurance company, civil engineer or surveyor licensed to practice in California. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and the notice shall be prepared in English and Spanish. 3. In the event that the number of owners and tenants (residential and business) to whom notice would be sent is greater than 1,000 feet, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and 4. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body. Notice is deemed received 2 days after date of postmark. On May 20, 2020, the Mayor and City Council adopted Resolution No. 2020 -106 which establishes the fees for all discretionary land use entitlement applications. Under the cost recovery system of the City’s new fee schedule, applicants shall pay the appropriate filing fee plus the estimated cost of the noticing and publishing as estimated by City staff. Currently, $150 has been established by staff to cover the costs associated with the newspaper public hearing notice publication and the mailing of the public hearing notices. Through this Development Code Amendment, as a result of expanding the radius from 500 feet to 1,000 feet and the addition of including residential and business 5 Packet Pg. 111 8783 Page 4 tenants within such 1,000 foot radius of the project site, staff now estimates that the costs associated with the newspaper public hearing notice publication and the mailing of the public hearing notices will be approximately $500, which is to be paid by the applicant. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development, as follow: ✓ Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique neighborhoods. ✓ Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. The adoption and implementation of Development Code Amendment 21 -04 is consistent with the City’s General Plan by allowing for greater notification to the general public during the City’s processing, review and consideration of disc retionary land use entitlement applications in order to minimize potential impact within residential neighborhood and business districts, towards the City’s residents and businesses, and the community at-large. While at the same time, as regulated by Deve lopment Code Amendment 21-04, public hearing notifications will be provided in compliance with California Government Code Sections 65090, 65091 and 66451.3. California Environmental Quality Act The Planning Division conducted an environmental evaluation in connection with proposed Development Code Amendment 21-04 and concluded that the Development Code Amendment is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it consists of updates to the public hearing notification requirements for discretionary land use entitlement applications within the provisions of Sections 65090, 65091 and 66451.3 of the California Government Code. 2021-2025 Strategic Targets and Goals Development Code Amendment 21-04 aligns with Key Target No. 4: Ensure Development of a Well-Planned, Balanced, and Sustainable City. Specifically, updating the public hearing notification requirements will help ensure that the community is aware of upcoming discretionary land use entitlement applications. Public comments are a key component in balancing development in the community. Fiscal Impact There will be no fiscal impact to the City’s General Fund as a result of this action. Conclusion It is recommended that the Mayor and City Council: 1. Introduce, read by title only, and waive further reading of Ordinance No. MC - 5 Packet Pg. 112 8783 Page 5 1574 of the Mayor and City Council of the City of San Bernardino, Califo rnia, approving Development Code Amendment 21-04 amending Chapter 19.52 (Hearings and Appeals) of Title 19 (Development Code) of the City of San Bernardino Municipal Code updating the public hearing notification requirements for discretionary land use entitlement applications; and finding that Development Code Amendment 21-04 is exempt from review under the California Environmental Quality Act; and 2. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on March 2, 2022. Attachments Attachment 1 Ordinance No. MC-1574 (Development Code Amendment 21-04) Attachment 2 Planning Commission Resolution No. 2021-024 Attachment 3 Public Hearing Notice Attachment 4 Power Point Presentation Ward: All Synopsis of Previous Council Actions: None 5 Packet Pg. 113 Ordinance No. MC-1574 1 ORDINANCE NO. MC-1574 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 21-04 AMENDING CHAPTER 19.52 (HEARINGS AND APPEALS) OF TITLE 19 (DEVELOPMENT CODE) OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE UPDATING THE PUBLIC HEARING NOTIFICATION REQUIREMENTS FOR DISCRETIONARY LAND USE ENTITLEMENT APPLICATIONS; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 21-04 IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, California Government Code Sections 65090, 65091 and 66451.3 establish procedures for the processing of discretionary land use entitlement applications and the related public noticing requirements. Specifically, the State’s minimum distance for notifying a property owner of an upcoming public hearing is 300 feet. Cities and Counties are required to adopt these requirements, but at no time can the locally adopted requirements be less restrictive than that of the State; and WHEREAS, Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code requires a 500-foot distance for notifying a property owner of an upcoming public hearing, which may not be adequate for notifying the public of an upcoming public hearing due the large number of absentee property owners and consequently the large number of residential rental tenants; and WHEREAS, not all residents may be adequately notified of a public hearing under the present notification process, and in turn may not have an opportunity to express their concerns and/or comments that a potential project within their vicinity may or may not impact them; and WHEREAS, based upon past general public concerns, other cities have adopted even more expansive public notification requirements. It is not uncommon today for cities to have adopted a 1,000-foot public hearing notification requirement; and WHEREAS, on June 21, 2021, the Mayor and City Council directed staff to prepare a Development Code Amendment to increase the public hearing notification requirement from 500 feet to 1,000 feet, and that the public hearing notification not only include the property owner, but also tenants residing on the property; and WHEREAS, Development Code Amendment 21-04 is a City-initiated amendment to Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code (Title 19) to update the public hearing notification requirements for discretionary land use entitlement applications; and 5.a Packet Pg. 114 Attachment: Attachment 1 - Ordinance No. MC-1574 (Development Code Amendment 21-04) (8783 : Public Hearing Notification - Development Ordinance No. MC-1574 2 WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has prepared Development Code Amendment 21-04 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community and Economic Development Department evaluated Development Code Amendment 21-04 and determined that it is not a project within the meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and WHEREAS, on September 14, 2021, the Planning Commission of the City of San Bernardino held a duly noticed public hearing to consider public testimony and the staff report, and adopted Resolution 2021-024 forwarding a recommendation of approval of Development Code Amendment 21-04 to the Mayor and City Council; and WHEREAS, notice of the February 16, 2022, public hearing for the Mayor and City Council's consideration of this proposed Ordinance was published in The Sun newspaper on February 1, 2022 in accordance with Development Code Chapter 19.52; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 21-04. NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Development Code Amendment 21-04. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council hereby finds, as follows: (1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) Development Code Amendment 21-04 is not a project within the meaning of Section 15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. Development Code Amendment 21-04 does not authorize any specific development within the City’s boundaries. Development Code Amendment 21-04 it is exempt from CEQA because the adoption of the Development Code Amendment is covered by the general rule that CEQA applies only to projects which have the potential for causing 5.a Packet Pg. 115 Attachment: Attachment 1 - Ordinance No. MC-1574 (Development Code Amendment 21-04) (8783 : Public Hearing Notification - Development Ordinance No. MC-1574 3 a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The proposed Development Code Amendment to update the public hearing notification requirements for discretionary land use entitlement applications is exempt from the requirements of CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due to the fact that the proposed Development Code Amendment will not create significant effects on the environment as it consists of updates to the public hearing notification requirements for discretionary land use entitlement applications within the provisions of Sections 65090, 65091 and 66451.3 of the California Government Code; and (3) The determination of CEQA exemption reflects the independent judgment of the Mayor and City Council. SECTION 3. Finding of Facts – Development Code Amendment 21-04 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: Development Code Amendment 21-04 is consistent with the General Plan, as follows: ✓ Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique neighborhoods. ✓ Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses. The adoption and implementation of Development Code Amendment 21-04 is consistent with the City’s General Plan by allowing for greater notification to the general public during the City’s processing, review and consideration of discretionary land use entitlement applications in order to minimize potential impacts within residential neighborhood and business districts, towards the City’s residents and businesses, and the community at- large. While at the same time, as regulated by Development Code Amendment 21-04, public hearing notifications will be provided in compliance with California Government Code Sections 65090, 65091 and 66451.3. Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact: The adoption and implementation of Development Code Amendment 21-04 is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. The adoption and implementation of Development Code Amendment 21-04 will help ensure that the community is aware of upcoming discretionary land use entitlement applications because public comments are a key component in balancing development within the community. 5.a Packet Pg. 116 Attachment: Attachment 1 - Ordinance No. MC-1574 (Development Code Amendment 21-04) (8783 : Public Hearing Notification - Development Ordinance No. MC-1574 4 SECTION 4. Development Code Amendment 21-04 to amend Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code (Title 19) is hereby approved, as follows: “Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091 and 66451.3. Chapter 19.52 (Hearings and Appeals) of the San Bernardino Municipal Code establishes public notification requirements. The existing code requirements are as follows: Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by the following methods: 1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; 2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners and tenants (residential and business) of a property within a radius of 1,000 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners and tenants (residential and business) as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner and tenant (residential and business) addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant or a title insurance company. The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and the notice shall be prepared in English and Spanish. 3. In the event that the number of owners and tenants (residential and business) to whom notice would be sent is greater than 1,000 feet, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and 4. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, 5.a Packet Pg. 117 Attachment: Attachment 1 - Ordinance No. MC-1574 (Development Code Amendment 21-04) (8783 : Public Hearing Notification - Development Ordinance No. MC-1574 5 and the hearing body. Notice is deemed received 2 days after date of postmark.” SECTION 5. Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 6. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 5.a Packet Pg. 118 Attachment: Attachment 1 - Ordinance No. MC-1574 (Development Code Amendment 21-04) (8783 : Public Hearing Notification - Development Ordinance No. MC-1574 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1574, introduced by the City Council of the City of San Bernardino, California at a regular meeting held at the 16th day of February, 2022 and adopted by the City Council of the City of San Bernardino, California at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk 5.a Packet Pg. 119 Attachment: Attachment 1 - Ordinance No. MC-1574 (Development Code Amendment 21-04) (8783 : Public Hearing Notification - Development 5.b Packet Pg. 120 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment 5.b Packet Pg. 121 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment 5.b Packet Pg. 122 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment 5.b Packet Pg. 123 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment 5.b Packet Pg. 124 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment 5.b Packet Pg. 125 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment 5.b Packet Pg. 126 Attachment: Attachment 2 - Planning Commission Resolution No. 2021-024 (8783 : Public Hearing Notification - Development Code Amendment This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3551353 Stephanie Sanchez SAN BERNARDINO CITY DEV SERVICE 300 NORTH D ST #300 SAN BERNARDINO, CA - 92418 HRGSB - NOTICE OF HEARING-SB DEVELOPMENT CODE AMENDMENT 21-04 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 02/01/2022 02/01/2022 SAN BERNARDINO !A000005932354! Email 5.c Packet Pg. 127 Attachment: Attachment 3 - Public Hearing Notice (8783 : Public Hearing Notification - Development Code Amendment 21-04 (All Wards)) NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a pub- lichearing on Wednesday, February 16, 2022 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s): DEVELOPMENT CODE AMENDMENT 21-04 - A City-initiated amendment to Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code (Title 19) to update the Public Hearing Notifi cation requirements for discretionary land use entitlement applications. Environmental Determination: Statutory Exemption, pursuant to Section 15061(b)(3)( Review for Exemption) of the State CEQA Guidelines Applicant: City of San Bernardino Community and Economic Development Department Planning Division The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Offi ce by phone at (909) 384-5002. If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing.CNSB#3551353 5.c Packet Pg. 128 Attachment: Attachment 3 - Public Hearing Notice (8783 : Public Hearing Notification - Development Code Amendment 21-04 (All Wards)) Development Code Amendment 21-04 Public Hearing Notification Presented by Oliver Mujica, Planning Division Manager Community and Economic Development Department 5.d Packet Pg. 129 Attachment: Attachment 4 - Power Point Presentation- Public Background: California Government Code Sections 65090,65091 and 66451.3 establishes a 300-foot radius requirement for public hearing notices Section 19.52.020 of the City’s Development Code establishes a 500-foot radius requirement for public hearing notices California Government Code and City’s Development Code do not require public hearing notices to be sent to tenants or renters 5.d Packet Pg. 130 Attachment: Attachment 4 - Power Point Presentation- Public Background: Large number of absentee property owners Not all residential renter and business tenants are adequately notified of public hearings Eliminates their opportunity to express concerns on potential impacts that a project may create 5.d Packet Pg. 131 Attachment: Attachment 4 - Power Point Presentation- Public Proposed Amendment: On September 14,2021,by a unanimous vote,the Planning Commission adoptedResolutionNo.2021-024 forwarding a recommendation that the Mayor and CityCouncilapproveDevelopmentCodeAmendment21-04,as follows: Establish a 1,000-foot radius requirement for public hearing notices Require public hearing notices be sent to property owners,residential rentersandbusinesstenants Public hearing notices shall be prepared in English and Spanish 5.d Packet Pg. 132 Attachment: Attachment 4 - Power Point Presentation- Public Recommendation: Introduce for first reading,Ordinance No.MC-15XX of the Mayor and City Council of the City of San Bernardino,California, approving Development Code Amendment 21-04;and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on March 2,2022. The Mayor and City Council: 1. 2. 5.d Packet Pg. 133 Attachment: Attachment 4 - Power Point Presentation- Public Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Approval of the Mayor and City Council Meeting Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the minutes from the July 1, 202 0, and July 15, 2020, Regular Meeting of the Mayor and City Council. 6 Packet Pg. 134 City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 1, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:31 PM by Mayor Pro-Tem Sanchez on Wednesday, July 1, 2020, via Web- Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Late Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Absent Genoveva Rocha Acting City Clerk Present Thomas Rice Assistant City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine Richard Jim Mulvihill 6.a Packet Pg. 135 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 11/1/2021 CLOSED SESSION PUBLIC COMMENT There were no public comments for closed session. CLOSED SESSION (A) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government Code Section 54957(b)(1)): City Manager. Initiated by City Manager. (B) CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Pursuant to Government Code Section 54956.8: Property Address: One (1) parcel, approximately 0.17 acres, of vacant real property located at 1246 Wall Avenue, APN 0146-241-07 Agency Negotiator: Teri Ledoux, City Manager Negotiating Buyer: Jeannette Okada Under Negotiation: Price and Terms of Purchase INVOCATION AND PLEDGE OF ALLEGIANCE There was no invocation or pledge of allegiance at this meeting. CLOSED SESSION REPORT Assistant City Attorney Thomas Rice announced that there was no reportable action from Closed Session. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Steven Shepard, San Bernardino, stated that he believes that the Police Department should not be receiving anymore Measure Z funds at this time. Hector Ramirez, San Bernardino, spoke regarding the maintenance services contract and stated that it should be contracted to a local company to help support the community. Aaron Velarde, San Bernardino, requested rent relief and a payment program for landlords and tenants affected by COVID-19. Tim Dorame, San Bernardino, stated that the police department doesn’t need any more funds and that the Mayor should resign. Cheryl Brown, San Bernardino, inquired about what the City is doing to assist residents with COVID-19 relief. Maribel Nunez, San Bernardino, requested rent relief for residents due to COVID-19. She also asked that the contract for assistance be given to a culturally competent provider. 6.a Packet Pg. 136 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 11/1/2021 STAFF REPORTS 1. Fiscal Year 2020/21 Solid Waste Rate Increase Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the attached Solid Waste Rates for Fiscal Year 2020/21. City Manager Teri Ledoux informed the City Council that this item should have been placed on the Consent Calendar; however, Public Works Director Kris Jensen was available for questions. Council Member Nickel asked for an explanation on pass-through fees. Public Works Director Kris Jensen explained that pass-through fees are costs experienced by refuse haulers related to disposal and processing, and those fees would be passed onto the customer. Council Member Ibarra asked if the City could review the City’s current contract and identify where there could be cost savings for residents. RESULT: RECEIVED AND FILED [UNANIMOUS CONSENSUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Proposed Community Facilities District No. 2020-1 (Rancho Palma) Recommendation Adopt Resolution No. 2020-149 of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino and approve Resolution No. 2020-150 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino. Finance Director Paul Espinoza provided a presentation to the City Council. Consultant Shane Spicer explained the process and timeline for the project. Council Member Ibarra asked for clarification on the process for the project, and it was explained that the public hearing was open to anyone to comment on the special tax; the protest was only open to the property owners. 6.a Packet Pg. 137 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 11/1/2021 RESULT: ADOPTED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 3. Lease Extension Agreement - Vanir Tower Building, Inc. Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino adopt Resolution 2020-157 authorizing the City Manager to execute Amendment No. 2 to the Lease Agreement with Vanir Tower Building, Inc., at 290 North D Street, San Bernardino, California, extending the Lease Agreement through June 30, 2021, and authorizing the Director of Finance to record budget adjustments, as necessary, in support of costs related to vacating rental space as provided in the Second Amendment. City Manager Teri Ledoux explained that this item was coming back to the Mayor and City Council after directing Staff to re-negotiate the lease agreement for the Vanir Tower. She informed the Mayor and City Council that the cost savings would be $128,000 for the remainder of the fiscal year. RESULT: ADOPTED [UNANIMOUS] MOVER: Juan Figueroa, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill PUBLIC HEARINGS 4. Public Hearing and Resolution to Determine and Confirm Assessments and Proceedings for Unpaid Solid Waste Collection Services Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2020-151 of the Mayor and City Council of the City of San Bernardino, California, making determinations and confirming assessments and proceedings for unpaid solid waste collection services. The Public Hearing was opened at 7:34 p.m. Public Works Director Kris Jensen provided a presentation to the City Council. Public Works Director Jensen informed that customers need to contact Burrtec to make payment arrangements no later than July 15th. 6.a Packet Pg. 138 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 11/1/2021 Council Member Figueroa inquired about the time frames that the accounts became delinquent to ensure they were not related to the Covid-19 pandemic. Gracie Johnson informed they became delinquent from February 2019 through January 2020. There were no requests to speak, or written communications received for this item. The Public Hearing was closed at 7:43 p.m. RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion unless a Council or staff member has pulled the item for more discussion. City Manager Ledoux pointed out a correction to Item No. 10 and explained that on packet page 464 the amount per acre should reflect $387 and stated this would be corrected when it is brought back to the Mayor and City Council for approval. Council Member Ibarra and Mulvihill requested to pull Item No. 5. RESULT: APPROVED THE CONSENT CALENDAR, PULLED ITEM NO.5 FOR A SEPARATE VOTE, CARRIED 7-0 – Passed Unanimously MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill NAYS: None 5. May 31, 2020, Civil Unrest Update Recommendation That the Mayor and City Council of the City of San Bernardino, California, receive and file an update on the Civil Unrest of May 31, 2020. Interim Chief McBride stated he was available to answer any questions. Council Member Ibarra inquired who decides when there is a need to declare a state of emergency in the City. City Manager Ledoux informed that she has the authority to declare a state of emergency. Council Member Ibarra asked whether the protests could have been de-escalated had police officers or city staff engaged with the protestors. 6.a Packet Pg. 139 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 11/1/2021 Interim Chief McBride said community members de-escalated the situation, which resulted in the protesters leaving the police department. There was no confrontation just as they had planned; he explained that any altercation later in the day was with another law enforcement agency. Council Member Nickel commended the police department on their investigations related to the civil unrest. Interim Police Chief informed there were several arrest warrants issued. Council Member Richard opined that although there was a lot of negativity surrounding the situation, there should also be a focus on the positive things gained at the time. She opined that people were upset and had been upset for a long time. Council Member Richard spoke on how some individuals were opportunists and took advantage of the situation. She emphasized that the positive of the situation was that Black Lives Matter. Council Member Mulvihill inquired how many staff members were assigned to work. Interim Police Chief McBride explained how the staff was assigned to shifts on this date. Council Member Ibarra asked when the Public Safety and Human Relations Commission would be meeting and inquired if there was a way to facilitate the community members to sit at the table with the City’s police officers. She opined that she preferred that the police engage the protestors rather than avoid them, and she expressed her support for Black Lives Matter. RESULT: RECEIVED AND FILED [6 TO 1] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Nickel, Richard, Mulvihill NAYS: Fred Shorett 6. 2020 Action Plan Update Recommendation That the Mayor and City Council receive and file the 2020 Action Plan Update. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 6.a Packet Pg. 140 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 11/1/2021 7. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for May and June 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 8. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 1, (TR 20006) APNs 0261-181-16 and -17 Recommendation Adopt Resolution No. 2020-152 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 1) and authorizing the levy of special taxes therein. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. Resolution Awarding a Maintenance Services Contract with West Coast Arborists, Inc. for Citywide Tree Maintenance Services Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2020-154: 1. Awarding a Maintenance Service Contract ("Contract") with West Coast Arborists, Inc. (“WCA”) for citywide tree maintenance services in a total contract amount not to exceed $1,200,000 (to include $600,000 for general City tree trimming services and $600,000 for landscape district supported services), effective July 1, 2020 through June 30, 2023 with 3 (three) one-year options to extend; and 2. Authorizing the City Manager to execute the Contract; and 3. Authorizing the Director of Finance to record budget adjustments in relation to the Landscape Maintenance District Fund No. 254, as necessary, to support the contract services contingent upon approval of FY 2020/21 and future budgets; and 6.a Packet Pg. 141 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 11/1/2021 4. Authorizing the Director of Finance to issue a purchase order in the support of the contract. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 10. Resolution Declaring Intent to Annex Territory into Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 5, Tax Zone No. 6 (PM 19701) Parcel No. 3 Recommendation Adopt Resolution No. 2020-155 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 5) and authorizing the levy of a special taxes therein. RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Resolution Awarding a Construction Contract to American Asphalt South, Inc., for Citywide Pavement Rehabilitation Slurry/Crack Seal Project Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-156: 1. Approving a total project budget in the amount of $704,661 for a construction contract in the amount of $631,510, project contingencies in the amount of $63,151, and engineering and inspection budgets in the amount of $10,000, for collective costs for a Citywide Pavement Rehabilitation Slurry/Crack Seal (“Project”); and 2. Approving the award of a Construction Contract with American Asphalt South, Inc. of Fontana, California, in the amount of $631,510; and 3. Authorizing the Director of Finance to amend the FY 2019/20 adopted budget to allocate $60,570 in Measure I Funds (Fund 129) to the Project; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 6.a Packet Pg. 142 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 11/1/2021 RESULT: APPROVED [UNANIMOUS] MOVER: Jim Mulvihill, Council Member, Ward 7 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ITEMS TO BE REFERRED TO COMMITTEE Council Member Ibarra asked if the workshops for Campaign Finance Reform could be scheduled. Council Member Figueroa and Mayor Pro-Tem Sanchez inquired whether the City could repave West Rialto Avenue due to the condition of the road after the Water Department completed repairs for water improvements on the water mains. They asked if there could be a shared cost for street improvements. City Manager Ledoux commented that Public Works could look further into this request. Council Member Nickel commented on Committee Appointments and asked if the appointments could resume. City Manager Ledoux informed that the appointments could resume; however, it was difficult for staff to conduct committee meetings over Zoom. Council Member Nickel requested a debrief on the City's response to the Covid-19 pandemic and the Facilities Assessment be agendized for the ad-hoc committee's discussion. Council Member Sanchez asked what committee would oversee the discussion. Assistant City Attorney asked that the City Council allow the City Manager to determine the best approach for the discussion. Council Member Nickel asked for an overview of all City properties. Council Member Ibarra asked if the City's moratorium on rentals had been extended. Assistant City Attorney Thomas Rice informed that Governor Newsom, by executive order, extended the rental moratorium. REPORTS ON CONFERENCES/MEETINGS ATTENDED There were no reports on meetings and conferences attended. 6.a Packet Pg. 143 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 1, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 11/1/2021 ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 8:20 p.m. on Wednesday, July 1, 2020. The next Special 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 Monday, July 6, 2020, in the Multipurpose Room located at 201 North “E” Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. By:_________________________ Genoveva Rocha, CMC 6.a Packet Pg. 144 Attachment: Attachment 1 - 07-01-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) City of San Bernardino 201 North E Street San Bernardino, CA 92401 http://www.sbcity.org MINUTES FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 15, 2020 5:30 PM The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:30 PM by Mayor Valdivia on Wednesday, July 15, 2020, via Web-Conference, San Bernardino, CA. CALL TO ORDER Attendee Name Title Status Arrived Theodore Sanchez Mayor Pro-Tem, Ward 1 Present Sandra Ibarra Council Member, Ward 2 Present Juan Figueroa Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Henry Nickel Council Member, Ward 5 Present Bessine L. Richard Council Member, Ward 6 Present James Mulvihill Council Member, Ward 7 Present John Valdivia Mayor Present Genoveva Rocha Acting City Clerk Present Sonia Carvalho City Attorney Present Teri Ledoux City Manager Present Mayor John Valdivia Council Members Theodore Sanchez Sandra Ibarra Juan Figueroa Fred Shorett Henry Nickel Bessine L. Richard James Mulvihill 6.b Packet Pg. 145 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/28/2022 CLOSED SESSION PUBLIC COMMENT There were no public comments for closed session. CLOSED SESSION (A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1)): i.) State of California et al., ex rel. OTG Wireless, LLC v. Cellco Partnership, et al., Sacramento Superior Court Case No. 34-2012-00127517 ii) Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United States District Court Case No. 5:18-cv-02277 SVW (SPx) iii) Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No. 19-56501 iv) Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC Case No. CIVDS1827968) v) M.H., a minor by and through his guardian ad litem, Nakitta Young v. City of San Bernardino, et al., United States District Court Case No.5:20-cv- 00242 JGB (KKx) vi) Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2003802 (B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): One case (C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code Section 54957): City Clerk (D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative(s): Director of Human Resources Employee: City Clerk INVOCATION AND PLEDGE OF ALLEGIANCE Chaplain Paul Lujan led the Invocation and the Pledge of Allegiance. CLOSED SESSION REPORT City Attorney Carvalho stated there was no reportable action from Closed Session. APPOINTMENTS Council Member Nickel made a motion to approve both appointments for Item Nos. 1 and 2. 1. Arts and Historical Preservation Commission Appointment Recommendation That the Mayor and City Council of the City of San Bernardino, California, approve 6.b Packet Pg. 146 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/28/2022 the appointment of Ms. Joyce P. Seeger to the Arts and Historical Preservation Commission by 5th Ward Council Member Henry Nickel. Ms. Seeger will replace Nicholas R. Cataldo with the term ending December 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Sandra Ibarra, Council Member, Ward 2 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 2. Parks, Recreation and Community Services Commission Appointment Recommendation That the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Helen Tran to the Parks, Recreation and Community Services Commission by 5th Ward Council Member Henry Nickel. Ms. Tran will assume the position previously held by Brian Davison with the term ending December 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill City Clerk Rocha administered the Oath to Commissioner Helen Tran. PRESENTATIONS 3. Recognition of Chaplin Ray Miller (Mayor) Mayor Valdivia recognized Chaplin Ray Miller for his work in the city. 4. Fireworks After Action Report Interim Chief of Police Eric McBride and Assistant Fire Chief Dan Mejia gave a presentation on illegal fireworks enforcement for this year’s 4th of July. Mayor Valdivia informed that Dennis Johnson of Home Lumber company had passed away and requested a moment of silence in memory of community leader Dennis Johnson who passed on Monday, July 6th, 2020. PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Dulce Aloze, San Bernardino, stated that the police department receives too much money and does not support the community appropriately. 6.b Packet Pg. 147 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/28/2022 Harry Hatch, San Bernardino, expressed that fireworks in the city this 4th of July were the worst he has ever seen. He stated that it should be considered whether fireworks should continue to be allowed in the City. Patty, San Bernardino, spoke against police and judges having immunity in criminal cases. She stated that her son was unjustly arrested in San Bernardino. Anna Bojorquez, George Aguilar, Lucia Gallegos, Chris Gonzalez, Laura Duran, Maria, Jess Otilla, Maribel Nunez, Mirella Gonzalez, and Ana Gonzalez San Bernardino, all requested that rent relief be provided to citizens of San Bernardino due to the State of Emergency caused by the COVID-19 pandemic. Perla Sanchez, San Bernardino, questioned how City officials are spending taxpayer revenue. She believes funds should be allocated to benefitting the community. Loretta Jackson, San Bernardino, spoke about the excessive fireworks in her neighborhood. They are loud and disturbing her sleep. Perlin Lagrandy, San Bernardino, stated that the illegal fireworks in her neighborhood are dangerous. She requested that the Mayor and City Council outlaw all fireworks. Paige Miller, San Bernardino, thanked law enforcement and community organizers for their actions during the recent protests. Anonymous, San Bernardino, stated her concern about the fireworks on the West side of the city. Justice Sandoval, San Bernardino, asked that Measure Z revenue support children’s activities and violence intervention programs. She also asked for rent relief for citizens of the city. Stacie Ginn, San Bernardino, spoke about the hazardous conditions at the Carousel Mall parking structure. She would like repairs and clean up done of the parking structure. Zinia Thomas, San Bernardino, requested that Measure Z support parks and recreation. She also asked for rent relief for citizens of the city due to COVID-19. Treasure Ortiz, San Bernardino, stated that Measure Z revenue should be used for projects requested and approved for by the community. She also spoke about the City Manager recruitment and stated that it should be public. Jose, San Bernardino, stated that Measure Z should have safeguards in place to ensure proper management of funds. Christian Vargas, San Bernardino, requested more oversight with Measure Z funding. City Clerk Rocha read into the record the names of those that submitted written comments via email and a letter from Terry Elliott, Chairperson of the Public Safety and 6.b Packet Pg. 148 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/28/2022 Human Relations Commission on behalf of the Public Safety and Human Relations meeting body. Council Member Richard informed the community that San Bernardino County’s Work Force Development Department could provide assistance to community members affected by the Covid-19 pandemic. Council Member Mulvihill read a letter into the record from the Neighborhood Association where they addressed pending projects. Council Member Shorett opined that the letter from the Chairperson should not be accepted into the record as he felt it was inappropriate. STAFF REPORTS 5. 2005 Pension Obligation Bond Restructuring Recommendation Adopt Resolution No. 2020-161 of the Mayor and City Council of the City of San Bernardino, California, approving the issuance of its Taxable Pension Obligation Bonds, 2020 Series A, approving the execution and delivery of a second supplemental trust agreement, bond purchase, exchange and private placement agreement, approving the preparation of a private placement memorandum and other actions relating to the delivery of the bonds. Acting Finance Director Jim Slobojan presented to the Mayor and City Council. He introduced Kim Byrens from BB&K and Curt de Crinis from Columbia Capital Management, LLC., and advised they were available to answer any questions related to the pension obligation bond restructuring. City Council discussed the interest rate on the bonds, and Mr. De Crinis explained that the higher the interest rate, the more benefit to the City in the future when refinancing the bonds. RESULT: ADOPTED [6-1] MOVER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard NAYS: Mulvihill 6. Risk Management Insurance Program Update Fiscal Year 2020/21 It is recommended that the Mayor and City Council: 1. Adopt Resolution No. 2020-176 of the Mayor and City Council of the City of San Bernardino, California, approving the annual renewal of the City’s various insurance policies negotiated through Alliant for the term beginning August 1, 2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed $820,190 for property insurance for the term beginning August 1, 2020 and ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber 6.b Packet Pg. 149 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/28/2022 liability insurance for the term beginning August 1, 2020 and ending July 1, 2021; and (3) for a premium not to exceed $3,500,000 for excess liability insurance; AND authorizing an amendment to the FY 2020-21 Adopted Budget in the amount of $2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629-110-0056-5161, from the General Fund Reserves and authorize staff to continue exploring options for containing excess general liability insurance costs and to bring back an update in August of the outcome and option selected. 2. Adopt Resolution No. 2020-178 of the Mayor and City Council of the City of San Bernardino, California, To: Remain a member of CSAC Excess Insurance Authority; Becoming a Member of Public Risk Innovation, Solutions, and Management; and authorize the City Manager to act on the City’s behalf in relation to these entities. Human Resources Director Eddie Eveland gave a presentation outlining the risk management insurance program changes. Council Members Shorett, Nickel, and Sanchez, asked questions about the amount of reserves for this type of insurance. Council Member Nickel stated that he would not support this item because the City never needed his amount of coverage in the past. They also discussed separating the items in the staff recommendation, which were: 1. An amendment to the FY 20/21 budget in the amount of $2, 113,229 from the General Fund reserves to cover the unanticipated costs of securing general liability. 2. Renewal of the excess general liability insurance for a premium not to exceed $3.5 million. 3. Continue to explore excess general liability insurance options sand bring back an update in August of the outcome and option selected. 4. Property program renewal with Alliant for a pro-rate premium not to exceed $820,190 5. Cyber liability insurance renewed with Alliant for $6,350. Mayor Valdivia asked the City Manager if it would be permissible to separate the items in the staff recommendation for voting on by the City Council. She stated that would be allowed. Mayor Valdivia asked City Attorney Carvalho about the legal ramifications of not voting on the insurance plans at this time. City Attorney Carvalho advised that excess coverage is recommended to ensure the City has the funds to cover any emergency claims. She also suggested that a separate conversation could be held regarding self- insurance if needed. 6.b Packet Pg. 150 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/28/2022 Council Member Ibarra made a motion to separate the vote for recommendations Nos. 1 and 2 from recommendations Nos. 3 through 5 of the staff recommendation. Council Member Nickel seconded this motion. Council Member Richard made a substitute motion to approve the item as recommended because of the importance of the City remaining insured when the current insurance lapses on August 1, 2020. Council Member Mulvihill seconded this motion. RESULT: ADOPTED RESOLUTIONS 2020-176 AND 2020-178 ACCORDING TO STAFF’S RECOMMENDATION [4 TO 3] MOVER: Bessine Richard, Council Member, Ward 6 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Figueroa, Shorett, Richard, Mulvihill NAYS: Sanchez, Ibarra, Nickel 7. Consideration of a General Transactions and Use Tax (Sales Tax) Measure Recommendation Review and consider placement of a general sales tax measure on the ballot for the November 3, 2020, general election including the adoption of: 1. Resolution No. 2020-158 of the Mayor and City Council of the City of San Bernardino, California, calling for the placement of a general tax measure on the ballot for the November 3, 2020, general municipal election for the submission to the qualified voters of an ordinance to enact a general transactions and use (sales tax at the rate of one percent (1%). 2. Resolution No. 2020-159 of the Mayor and City Council of the City of San Bernardino, California, requesting the Board of Supervisors of the County of San Bernardino consolidate a general municipal election to be held on November 3, 2020, with the statewide general election to be held on that date pursuant to elections code section 10403. 3. Resolution No. 2020-160 of the Mayor and City Council of the City of San Bernardino, California, providing for the filing of primary and rebuttal arguments and setting rules for filing of written arguments regarding a City measure to be submitted at the November 3, 2020, general municipal election. Assistant City Manager Rebekah Kramer presented a General Transactions and Use Tax to the Mayor and City Council. Council Member Nickel made a motion to adopt the resolutions. Mayor Pro-Tem Sanchez seconded the motion. Council Member Richard volunteered to write the argument for this measure. Council Member Nickel amended his motion to recommend Council Member Richard to write the statement that represents the views of the City Council. 6.b Packet Pg. 151 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/28/2022 RESULT: ADOPTED RESOLUTIONS 202-158, 2020-159, AND 2020-160, AND DESIGNATE COUNCIL MEMBER BESSINE RICHARD TO WRITE THE BALLOT STATEMENT FOR THE SALES TAX MEASURE. [UNANIMOUS] MOVER: Henry Nickel, Council Member, Ward 5 SECONDER: Theodore Sanchez, Mayor Pro-Tem, Ward 1 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill PUBLIC HEARINGS 8. Public Hearing on Fiscal Year 2020-21 Assessment Levies for Previously Formed Assessment Districts Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Conduct a Public Hearing; and 2. Adopt the following: a. Resolution No. 2020-162 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016 for Fiscal Year 2020-21; and b. Resolution No. 2020-163 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal Year 2020-21; and c. Resolution No. 2020-164 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1025 and 1027 for Fiscal Year 2020-21; and d. Resolution No. 2020-165 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2020-21; and e. Resolution No. 2020-166 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 therefore for Fiscal Year 6.b Packet Pg. 152 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/28/2022 2020-21; and 3. Authorize the Director of Finance to amend the fiscal year 2020-21 Adopted Budget as necessary to reflect district revenues and expenditure budgets; and 4. Direct staff to undertake the steps necessary to finalize the Mayor and City Council’s action. Mayor Valdivia opened the public hearing at 9:39 PM. Public Works Director Kris Jensen provided a presentation about the assessment districts. There were no public comments for this item. The public hearing was closed at 9:43 PM. RESULT: ADOPTED [UNANIMOUS] MOVER: Bessine L. Richard, Council Member, Ward 6 SECONDER: Henry Nickel, Council Member, Ward 5 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill CONSENT CALENDAR Items on the Consent Calendar are considered routine and are voted on in a single motion, unless a council or staff member has pulled the item for more discussion. RESULT: APPROVED THE CONSENT CALENDAR [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 9. Approved Minutes of the May and June 2020 City Board, Commission, and Citizen Advisory Committee Recommendation Receive and file the approved minutes of the May and June 2020 City Board, Commission, and Citizen Advisory Committee meetings. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 153 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/28/2022 10. Amendments to Legal Services Agreements With: (1) Lynberg & Watkins, APC; (2) Carpenter, Rothans & Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo Recommendation Adopt Resolution No. 2020-177 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to Execute Amendments to Legal Services Agreements with: (1) Lynberg & Watkins, APC; (2) Carpenter, Rothans & Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 11. Resolution Authorizing the City Manager to Accept and Administer the 2020 COPS Hiring Program Grant Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-167 to: 1. Authorize the City Manager to accept and administer the 2020 Department of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant (CHP) in the amount of $5,383,549 for the grant period July 1, 2020 through June 30, 2023; and 2. Authorize the Director of Finance to amend the FY 2020/21 budget, appropriating $1,658,701.33 in both revenue and expenditures; and 3. Authorize the Police Department to increase approved sworn staffing from 254 to 267 effective July 1, 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 12. Resolution Authorizing the City Manager to Accept the EMPG FY 2019 Grant and Authorizing a Purchase Order to Vector USA Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2020-168 to: 1. Authorize the City Manager to accept the FY 2019 Emergency Management Performance Grant (EMPG) in the amount of $30,571; and 6.b Packet Pg. 154 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 11 Printed 1/28/2022 2. Authorize the Director of Finance to amend the Adopted FY 2020/21 budget increasing revenue and expenditures by $30,571, and issue a purchase order to Vector USA in an amount not to exceed $27,000. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 13. Board of State and Community Corrections, Youth Reinvestment Grant Program - Budget Amendment Recommendation That the Mayor and City Council of the City of San Bernardino, California, authorize the Director of Finance to amend the Adopted Fiscal Year 2020/21 Budget, appropriating $272,727 of the $1,000,000 Board of State and Community Corrections, Youth Reinvestment Grant award received in August 2019. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 14. Approval of Commercial and Payroll Disbursements Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the commercial and payroll disbursements for June 2020. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 6.b Packet Pg. 155 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 12 Printed 1/28/2022 15. Resolution Ratifying the Grant Application Submittal and Accepting the Grant Award for the Senior Companion Program for FY 2020/21 Recommendation Adopt Resolution No. 2020-170 of the Mayor and City Council of the City of San Bernardino, California, ratifying the Grant Application submittal, accepting the Grant Award of $324,812, and authorizing the Director of Finance or designee to amend the FY 2020/21 adopted budget to reflect grant revenue and expenditures accordingly for the Senior Companion Program (SCP) for the period of July 1, 2020 through June 30, 2021. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 16. Purchase and Sale Agreement with Jeannette C. Okada with Respect to the Real Property Located at 1256 Wall Avenue (APN 0146-241-07) – Successor Agency Action Recommendation Adopt Resolution No. 2020-175 of the Mayor and City Council of the City of San Bernardino, California, in the capacity as the Successor Agency to the Redevelopment Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and Joint Escrow Instructions between the Successor Agency and Jeannette C. Okada with respect to the real property located at 1256 Wall Avenue, San Bernardino, California (APN 0146-241-07) and approving certain related actions. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 17. Owner Occupied Rehabilitation Program Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California: 1. Adopt Resolution 2020-137 authorizing the execution of an amendment of a HOME Investment Partnerships Program Agreement with Neighborhood Partnership Housing Services to modify loan terms and obligations of the Owner Occupied Rehabilitation Program. 2. Approve modification of Owner Occupied Rehabilitation Program Loan Terms and Obligations from a deferred loan to a forgivable loan. 6.b Packet Pg. 156 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 13 Printed 1/28/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 18. Subordination of a Deed of Trust in Connection with 1659 Guthrie Street San Bernardino, California Recommendation Adopt Resolution No. 2020-171 of the Mayor and City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino approving the Subordination of a Deed of Trust in connection with a refinancing of the Senior Mortgage Relating to real property located at 1659 Guthrie Street, San Bernardino, California. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 19. Authorization to Proceed with an Investigation for the Vacation of an Existing Alley on Scenic Drive Recommendation It is respectfully recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of an existing alley east of Scenic Drive, approximately 600 feet from Inland Center Drive. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 20. First Amendment to the Professional Services Agreement with Engineering Resources of Southern California, Inc. for Sierra Way Storm Drain Improvements Recommendation Adopt Resolution No. 2020-172 of the Mayor and City Council of the City of San Bernardino, California, approving the First Amendment to Professional Services Agreement (First Amendment) with Engineering Resources of Southern California, Inc. (ERSC) in the amount of $7,000, for a total contract compensation amount of $197,000, to perform services for Sierra Way Storm Drain Improvements ("Project"); and authorize the City Manager or designee to execute the First Amendment. 6.b Packet Pg. 157 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Regular Meeting Agenda July 15, 2020 Mayor and City Council of the City of San Bernardino Page 14 Printed 1/28/2022 RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill 21. Used Oil Payment Program (OPP11) Recommendation Adopt Resolution No. 2020-174 of the Mayor and City Council of the City of San Bernardino, California, authorizing the submittal of applications for CalRecycle payment programs and approving related authorizations. RESULT: APPROVED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Jim Mulvihill, Council Member, Ward 7 AYES: Sanchez, Ibarra, Figueroa, Shorett, Nickel, Richard, Mulvihill ITEMS TO BE REFERRED BY COMMITTEE Council Member Nickel inquired whether the Charter Review Committee had provided any feedback on the ballot measure or an opportunity to discuss the ballot measure before the deadline to place the measure on the ballot. City Manager Ledoux informed the Mayor and City Council that there would not be an opportunity due to time constraints. Mayor Valdivia wished Council Member Mulvihill a happy birthday. Council Member Richard provided information to the community on where to call to inquire about Covid-19 relief funds. Council Member Shorett sent his condolences to Mr. Johnson's wife, Nancy Johnson, brother, and the entire Johnson family. ADJOURNMENT The meeting of the Mayor and City Council was adjourned at 9:43 p.m. on Wednesday, July 15, 2020. The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, July 29, 2020, via Web Conference, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. By:_________________________ Genoveva Rocha, CMC 6.b Packet Pg. 158 Attachment: Attachment 2 - 07-15-2020 Regular Meeting Minutes (8758 : Approval of the Mayor and City Council Meeting Minutes) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Candidate Statement Policy for the June 7, 2022 Primary Election (All Wards) Recommendation Adopt Resolution 2022-28 of the Mayor and City Council of the City of San Bernardino, California, amending Resolution No. 2022-04 pertaining to candidate statement endorsements submitted to the voters at an election to be held on Tuesday, June 7, 2022. Background The candidate nomination period will begin on Monday, February 14, 2022, and will end on Friday, March 11, 2022. Results of the primary election shall be certified to the Mayor and City Council of the City of San Bernardino. On January 19, 2022, the Mayor and City Council approved Resolution No. 2022 -04, adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, June 7, 2022. Discussion Upon submitting approved Resolution No. 2022 -04 to the San Bernardino County Registrar of Voters (ROV), staff was notified of a discrepancy in the language related to endorsements and instructed to submit a revised Resolution for Ma yor and City Council approval. Section 3 of Resolution No. 2022-04 is excerpted below: “SECTION 3 Endorsements It is the policy of the San Bernardino County Registrar of Voters that any named individual or specific organization listed as an endorsement in a candidate statement must be verified as endorsing the candidate prior to printing in the Voter Information Guide and Sample Ballot. Verification of the endorsement must be in the form of a copy of a letter of endorsement, or in a direct communication from the endorser to the Registrar of Voters in the form of email or facsimile correspondence . All endorsements or verification of endorsements from an individual or organization of a candidate must be submitted no later than five days after the end of the filing period.” 7 Packet Pg. 159 8808 Page 2 The policy regarding candidate statement endorsements will be revised in Resolution 2022-28 to read as follows: “Endorsements It is the policy of the San Bernardino County Registrar of Voters that any named individual or specific organization listed as an endorsement in a candidate statement must be verified by the City Clerk of the City of San Bernardino as endorsing the candidate prior to printing in the Voter Information Guide and Sample Ballot. Verification of the endorsement must be in the form of a copy of a letter of endorsement, or in a direct communication from the endorser to the City Clerk in the form of email or mailed correspondence. All endorsements or verification of endorsements from an individual or organization of a candidate must be submitted to the City Clerk no later than 5 PM on the last day of the filing period for review and verification. The verified endorsements will then be provided to the San Bernardino County Registrar of Voters.” Approving the revised resolution language will clarify the responsibility of the City Clerk regarding candidate statement endorsements, as well as setting forth the time frame required of candidates. 2021-2025 Key Strategic Targets and Goals Amending regulations pertaining to candidate statement endorsements aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact There is no fiscal impact of this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardi no, California, adopt Resolution 2022-28 amending Resolution No. 2022-04 pertaining to candidate statement endorsements submitted to the voters at an election to be held on Tuesday, June 7, 2022. Attachments Attachment 1 Resolution No. 2022-28 - Amending Resolution No. 2022-04 pertaining to candidate statements endorsements Attachment 2 Original Resolution No. 2022-04 - Establishing a Candidate Statement Policy Ward: All Synopsis of Previous Council Action: January 19, 2022 Adopted Resolution No. 2022-04 Establishing a Candidate Statement policy 7 Packet Pg. 160 Resolution No. 2022-28 Resolution 2022-28 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING RESOLUTION NO. 2022-04 PERTAINING TO CANDIDATE STATEMENT ENDORSEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022 WHEREAS, section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election; and WHEREAS, the City Clerk is responsible for enforcing requirements imposed by the San Bernardino County Registrar of Voters and the City Clerk has final approval of all candidate statements for elected city offices in accordance with state and local law; and WHEREAS, on January 19, 2022, the Mayor and City Council approved Resolution No. 2022-04, adopting regulations for Candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, June 7, 2022; and WHEREAS, upon submitting the approved Resolution No. 2022-04 to the San Bernardino County Registrar of Voters (ROV), staff were notified of a discrepancy in the language related to endorsements and were advised to submit a revised Resolution for the Mayor and City Council’s approval; and WHEREAS, City staff have prepared this Resolution to amend the terms of Resolution No. 2022-04 to address the discrepancy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. Recitals . The recitals above are true and correct and incorporated herein by reference. SECTION 2. Amendment to Resolution No. 2022-04. Section 3 of Resolution No. 2022- 04 is hereby amended to read in its entirety as follows: “Endorsements. It is the policy of the San Bernardino County Registrar of Voters that any named individual or specific organization listed as an endorsement in a candidate statement must be verified by the City Clerk of the City of San Bernardino as endorsing the candidate prior to printing in the Voter Information Guide and Sample Ballot. Verification of the endorsement must be in the form of a copy of a letter of endorsement, or in a direct communication from the endorser to the City Clerk in the form of email or mailed correspondence. All endorsements or verification of endorsements from an individual or organization of a candidate must be submitted to the City Clerk no later than 5 PM on the last day of the filing period. The City Clerk must then forward the 7.a Packet Pg. 161 Attachment: Attachment 1: Res. 2022-28 Candidate Statement Policy for the June 7, 2022 Primary Election [Revision 1] (8808 : Candidate Resolution No. 2022-28 Resolution 2022-28 February 16, 2022 Page 2 of 3 verified endorsements to the San Bernardino County Registrar of Voters within five days of the last day of the filing period.” All other provisions of Resolution No. 2022-04 remain in full force and effect except as amended herein. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of Feburary 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 7.a Packet Pg. 162 Attachment: Attachment 1: Res. 2022-28 Candidate Statement Policy for the June 7, 2022 Primary Election [Revision 1] (8808 : Candidate Resolution No. 2022-28 Resolution 2022-28 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-28, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 7.a Packet Pg. 163 Attachment: Attachment 1: Res. 2022-28 Candidate Statement Policy for the June 7, 2022 Primary Election [Revision 1] (8808 : Candidate 7.b Packet Pg. 164 Attachment: Attachment 2: Res. 2022-04 Establishing a Candidate Statement Policy [Revision 1] (8808 : Candidate Statement Policy for the 7.b Packet Pg. 165 Attachment: Attachment 2: Res. 2022-04 Establishing a Candidate Statement Policy [Revision 1] (8808 : Candidate Statement Policy for the 7.b Packet Pg. 166 Attachment: Attachment 2: Res. 2022-04 Establishing a Candidate Statement Policy [Revision 1] (8808 : Candidate Statement Policy for the 7.b Packet Pg. 167 Attachment: Attachment 2: Res. 2022-04 Establishing a Candidate Statement Policy [Revision 1] (8808 : Candidate Statement Policy for the 7.b Packet Pg. 168 Attachment: Attachment 2: Res. 2022-04 Establishing a Candidate Statement Policy [Revision 1] (8808 : Candidate Statement Policy for the Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Resolution on the City of San Bernardino Unsheltered Population (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-29, expressing support for the City of San Bernardino Unsheltered Population Outreach Initiative. Background The City of San Bernardino has become the focal point of an unfortunate increase to the number of unsheltered individuals and family units in the San Bernardino County community. Recent reports by the San Bernardino County Homeless Partnership (2018), and the 2019 White House Council of Economic Advisers entitled “The State of Homelessness in America,” examine in detail an issue that only seems to grow with each passing year. Since these two reports, the economic downturn caused by the COVID-19 pandemic has only exacerbated the negative impacts on individuals, families in need, and service providers, who are crucial in efforts to address the unsheltered. Although being unsheltered is not an issue unique to the City of San Bernardino, data suggests that the City should expect to bear a disproportionate amount of the burden regarding the unsheltered population countywide. Historically, funding for programs that directly or indirectly address the unsheltered are primary directed to local governments in the form of grants. Two commonly known grant programs are the Emergency Solutions Grants (ESG) Program, and the Community Development Block Grant (CDBG) Program. ESG funds are intended “for a variety of activities to address homelessness, while CDBG funds are intended to “develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate-income persons.” Counties have historically received a larger share of ESG and CDBG grant funding than local cities as is the case in the City and County of San Bernardino. In response to recent unsheltered counts, subpopulation surveys, in -person observations, and the impact of COVID-19, the City has recently trialed new procedures that can serve as a city-wide model to improve the quality of life amongst this vulnerable population. Under this new approach, the City of San Bernardino asks that the County of San 8 Packet Pg. 169 8732 Page 2 Bernardino collaborate in dedicating resources and part nering with local service providers and government agencies to engage in an outreach event series that includes a variety of wrap-around services and site clean-ups. The overall emphasis of the program is to improve the quality of life for all citizens of the City and provide opportunities for the unsheltered population to obtain services that can help end the cycle. What stands out about this initiative, when compared to historical attempts to address the issue in the community, is the holistic approach be ing employed. The main pillars of the initiative are • Pre-event site canvassing; • Planning & Coordination with Local Service Providers; • Conducting sustained outreach at hot spots over a designated period of time; • Providing Long-Term Case Management; and • Site Cleanup. It is the City’s hope that the County of San Bernardino will partner with the City to provide the resources necessary to make a meaningful impact to this issue. 2021-2025 Key Strategic Targets and Goals The adoption of a formal resolution regarding the unsheltered population of the City of San Bernardino aligns with Key Target No. 3a: Improved Quality of Life - Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities. Fiscal Impact There is no fiscal impact associated with the proposed resolution. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-29, expressing support for the City of San Bernardino Unsheltered Population Outreach Initiative. Attachments Attachment 1 Resolution 2022-29 - Expressing support for the City of San Bernardino Unsheltered Population Outreach Initiative Attachment 2 PowerPoint Presentation - City of San Bernardino Ward 7 Unhoused Pilot Program Ward: All Synopsis of Previous Council Actions: None 8 Packet Pg. 170 Resolution No. 2022-29 Resolution 2022-29 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-29 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, EXPRESSING SUPPORT FOR THE CITY OF SAN BERNARDINO UNSHELTERED POPULATION OUTREACH INITIATIVE WHEREAS, the City of San Bernardino has become the focal point of an unfortunate increase to the number of homeless individuals and family units in the San Bernardino County community; and WHEREAS, the economic downturn caused by the COVID-19 pandemic has only exacerbated the negative impacts on both families in need, and service providers crucial to the fight against being unsheltered; and WHEREAS, historical data suggest that the City should continue to expect to bear a disproportionate amount of the burden of the unsheltered population countywide; and WHEREAS, funding for programs that directly or indirectly address homelessness services are primary directed to local governments in the form of grants; and WHEREAS, counties have historically received a larger share of ESG and CDBG grant funding, which are crucial funding sources to address the unsheltered population, than local cities, as is the case in San Bernardino; and WHEREAS, the City has recently adopted new procedures that can serve as a city-wide model to improve the quality of life amongst this vulnerable population; and WHEREAS, under this new approach, the City of San Bernardino asks that the County of San Bernardino collaborate in dedicating resources and leading a partnership of local service providers and government agencies, to engage in an outreach initiative; and WHEREAS, it is the City’s hope that the County of San Bernardino will partner with the City to provide the resources necessary to make a meaningful impact on this issue. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby express support for the City of San Bernardino Unsheltered Population Outreach Initiative. 8.a Packet Pg. 171 Attachment: Attachment 1 - Resolution 2022-29 Resolution on the City of San Bernardino Unsheltered Population (All Wards) [Revision 1] (8732 Resolution No. 2022-29 Resolution 2022-29 February 16, 2022 Page 2 of 3 SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 8.a Packet Pg. 172 Attachment: Attachment 1 - Resolution 2022-29 Resolution on the City of San Bernardino Unsheltered Population (All Wards) [Revision 1] (8732 Resolution No. 2022-29 Resolution 2022-29 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-29, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 8.a Packet Pg. 173 Attachment: Attachment 1 - Resolution 2022-29 Resolution on the City of San Bernardino Unsheltered Population (All Wards) [Revision 1] (8732 CITY OF SAN BERNARDINO WARD 7 UNHOUSED PILOT PROGRAM 8.b Packet Pg. 174 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 MENTAL HEALTH SYSTEMS •Mental Health System San Bernardino City ACT was a subrecipient of the Emergency Solutions Grant, which provides services for rapid-rehousing and homelessness prevention to unsheltered individuals and families. San Bernardino City ACT provides services that include mental health services, data collection, street outreach, engagement, transportation, temporary housing, rapid-rehousing, and case management. 8.b Packet Pg. 175 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 DEMOGRAPHICS AND POPULATION SERVED •San Bernardino City ACT program demographics are all inclusive and serve men and women from diverse backgrounds. •Including cultures and ethnicities, veterans, disabled individuals, those experiencing human trafficking, more specifically 30% of unhoused individuals with significant mental health impairments who are difficult to house. 8.b Packet Pg. 176 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 MENTAL HEALTH STABILIZATION •Mental Health Services: o Operating in a community-based setting the San Bernardino City ACT program provided psychiatric care to the homeless population. Clients participated in a psychiatric evaluation which was completed by our in-house Psychiatrist. Clients medical and mental health history was obtained to address the client’s mental health and preventative medical care needs, therapeutic processes, crisis intervention and medication if needed. Collaboration with various local pharmacies included client medication delivery. 8.b Packet Pg. 177 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 INNOVATIVE COLLABORATION AS PART OF THE SAN BERNARDINO WARD 7 UNHOUSED PILOT PROGRAM •The City Act Team collaborated with the following local agencies and individuals for services: o San Bernardino City Councilman Damon Alexander, Renea Wickman, Step up on 2nd, The Salvation Army, Lutheran Family Services, The Foothill Aids Project, Mercy House, Community Action Partnership, Amazon, and The San Bernardino County Department of Behavioral Health. 8.b Packet Pg. 178 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 ENCAMPMENTS IN THE CITY OF SAN BERNARDINO Encampments can be found all over the city of San Bernardino and can have between 2 and 25 occupants in need of housing and services. This requires a Team-Based holistic approach to outreach and engagement, stabilization services, and housing coordination. 8.b Packet Pg. 179 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 TEAMWORK MAKES THE DREAM WORK 8.b Packet Pg. 180 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 CITY OF SAN BERNARDINO UNHOUSED 7TH WARD PILOT PROJECT 8.b Packet Pg. 181 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 UNHOUSED STATISTICS SAN BERNARDINO CITY & COUNTY 8.b Packet Pg. 182 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 2020 UNHOUSED STATISTICS •City of San Bernardino •1,056 Unhoused Individuals •30.3% First Time Unhoused Individuals •23.5% Unhoused individuals released from prison in past 12 months •68% Unhoused individuals -male •56.2% Unhoused individuals -age range 25-49 •22.9% Unhoused individuals with a life- threatening condition •30.1% Unhoused individuals with MH issues •31.4% Unhoused individuals with SUD Issues •70.4% Unhoused individuals with no income •77.9% Unhoused individuals living unsheltered •County of San Bernardino •3,125 Unhoused Individuals •28.6% First Time Unhoused Individuals •22.8% Unhoused individuals released from prison in past 12 months •78% Unhoused individuals -male •57.8% Unhoused individuals -age range 25-49 •20.4% Unhoused individuals with a life- threatening condition •18.6% Unhoused individuals with MH issues •21.1% Unhoused individuals with SUD Issues •Income data not collected •74% Unhoused individuals living unsheltered 8.b Packet Pg. 183 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 UNHOUSED STATISTICS COMPARISON The County of San Bernardino 2020 PITC = 3,125 unhoused individuals representing a 19.9% increase from 2019. The City of San Bernardino 2020 PITC = 1,056 unhoused individuals representing both an 18.6% increase from 2019 and 34% of the County’s total. In the City of San Bernardino, unhoused individuals increased to 30.3% of the population, higher than the County’s total of 28.6%. 8.b Packet Pg. 184 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 2020 AS COMPARED TO 2019 STATISTICS •City of San Bernardino •Increase of 166 unhoused individuals •3.6% Increase in first time unhoused individuals •4.3% Increase in unhoused individuals released from prison in past 12 months •3.1% Increase in unhoused individuals with life threatening condition •7.4% Increase in unhoused individuals with MH issues •14.4% Increase in unhoused individuals with SUD issues •County of San Bernardino •Increase of 518 unhoused individuals •9.8% Increase in first time unhoused individuals •0.7% Increase in unhoused individuals released from prison in past 12 months •1.9% Increase in unhoused individuals with life threatening condition •1.1% Increase in unhoused individuals with MH issues •0.7% Increase in unhoused individuals with SUD issues 8.b Packet Pg. 185 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 GOALS OF SERVICES ✓Support unhoused individuals to obtain and maintain housing and employment. ✓Stability in housing and employment facilitates reintegration into society and contributes to the betterment of the economy. 8.b Packet Pg. 186 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 IDENTIFIED GAPS Mental Health (MH) & Substance Use Disorder (SUD) services Affordable housing options Housing/shelter options for unhoused individuals with pets Outreach efforts that include: •A cohesive and inclusive system (HMIS). •Inclusion of peers as “Outreach Technicians.” Life Skills and Vocational Training Long-term Intensive Case Management (ICMS)/Follow-up Care to maintain housing & employment stability First-time unhoused individuals who do not meet the eligibility standards for Permanent Supportive Housing (PSH) services. 8.b Packet Pg. 187 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 POTENTIAL SOLUTIONS Collaborate with agencies and community-based organizations (CBOs) to provide outreach, direct services, and referrals. Collaborate Build Partnerships to provide access to Mental Health (MH) and Substance Use Disorder (SUD) services.Build Provide long-term Follow-up Care and Case Coordination/Management.Provide Train peers to engage in outreach to unhoused individuals/families.Train 8.b Packet Pg. 188 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 7TH WARD PILOT PROJECT In response to a round table strategic plan to provide services for unhoused individuals/families, an Unhoused Collaborative was initiated by Council Member Damon L. Alexander & Office to include City Social Service providers, and Burrtec. The Collaborative’s focus is to partner in outreach to unhoused individuals/families residing in encampments through services and housing placement. Since May 2021, we have collectively engaged in outreach to assist unhoused individuals/families along freeway banks, parks, abandoned buildings, and fields. The outreach touch points with unhoused individuals/families thus far have included The Vault on Highland Avenue, the freeway exit on Highland Avenue, and Perris Hill Park. This collaborative model is critical to the success of outreach efforts with unhoused individuals/families. 8.b Packet Pg. 189 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 OUTREACH TOUCH POINTS •The Vault, Highland Ave •Freeway Exit, Highland Ave •Perris Hill Park 8.b Packet Pg. 190 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 METHOD SUCCESS DETERMINATION Each unhoused individual/family has a unique set of challenges. These challenges can be addressed through collaborative outreach efforts. Outreach efforts include assessment and provision of services in the field such as emergency shelter, MH and SUD, food, identification replacement, benefit enrollment, Permanent Supportive Housing (PSH), and medical etc. Offering field services increases an unhoused individual’s/family’s accessibility to services and appropriate referrals. This collaborative approach to outreach increases engagement with the community including local businesses. This collaborative approach ensures that unhoused individuals/families receive integrative and continuous services to overcome challenges. 8.b Packet Pg. 191 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 KEY SUCCESSES Shelter placements MHS placement in room and board MH services Identification Replacement Vehicle Repair for relocation DMV Direct Service Date Weekly Animal Boarding Support through SB Animal Shelter Emergency Services Medical Services 8.b Packet Pg. 192 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 RE-ASSESSMENT OF PLANS TAD Direct Service Date SSA Office Direct Service Date City identified centralized coordinated system City PITC twice per year by providers in field MH & SUD Services provided in the field Vocational Training Follow-up Care Case Management 8.b Packet Pg. 193 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 SAN BERNARDINO CITY WARD 7 UNHOUSED PILOT PROJECT 8.b Packet Pg. 194 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 MEETING THE S.B. CITY VENDORS ❑CAPS ❑LUTHERAN SOCIAL SERVICES SOUTHERN CALIFORNIA ❑THE SALVATION ARMY ❑MENTAL HEALTH SYSTEMS -ACT ❑STEP UP ON SECOND •Councilman Alexander made appointments with the City’s homeless vendors and program providers. •Team Alexander personally toured and learned about the programs provided by each vendor. •Team Alexander held his own roundtable homelessness zoom meeting where there was over 30 attendees of local City, County and State-wide stakeholders. •Roundtable outcome established significant gaps of resources for the unhoused. •Though the city had sufficient resources and programs working for the unhoused population, they worked individually at differ ent times and different places, there was no coordinated effort between the programs. 8.b Packet Pg. 195 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 OUR SOLUTION ❑Bring together all City vendors for a consistent coordinated collaborative working at one encampment at the same time over a period of time . ❑Zoom with the vendors to set dates for our encampment rendezvous/always action meetings ❑Rendezvous at encampment offering varies resources provided by each vender over a period of weeks ❑Inform unsheltered they have a deadline before the Clear and Clean crew came ❑After weeks of contact with program vendors, SBPD issue 72-hour notice to remove their belongs ❑Our team accompany SBPD during the 72-hour notice of removal ❑Clear and Clean day included program teams, SBPD, Waste Management and sometimes Code Enforcement (if buildings need boarding/private property owners need to be contacted) ❑A coordinated collective effort by City homelessness vendors and City Staff. 8.b Packet Pg. 196 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 Identification: •At issue for the unhoused during temporary shelter is identification to help incorporate them into mainstream society. •A large majority of the unhoused population are without any form of identification. Major resources needed by this population require current valid identification. •Together we were able to collaborate with the California State Department of Motor Vehicle City of San Bernardino’s local office to establish a weekly appointed day and time for the unhoused to receive DMV services. FILLING IN THE GAPS 8.b Packet Pg. 197 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 Employing the Unhoused •The team has met with local employers, employment training organizations and nonprofit organizations to employ clients who have transitioned from being unhoused to temporary shelters to permanent housing. •MOUs, specific criteria and long-term wrap-around services are being established between all parties to ensure the success of each individual client. •As we know permanent employment provides stability and the elimination of recycling homelessness. •WET program –LSSSC •Peer to Peer employment of stable former unhoused. •Early on during meetings it was on our wish list to employ former unhoused to outreach to current unhoused. 8.b Packet Pg. 198 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 THE BIGGEST OBSTACLE Housing: •No matter how many unhoused are touched and services provided, if there is no permanent low-income housing available recycling of homelessness will continue. •Time for Change Foundation’s Phoenix Square is a perfect example of what a successful organization can do that is already a stakeholder and working in the City. •Phoenix Square is a beautifully renovated low-income permanent housing complex with high security. •Time for Change Foundation plays a vital role with their incredible ability and expertise to rehabilitate desperately needed low-income permanent housing for our unhoused and other low -income families one step away from being homeless. “The goal is to stop recycling homelessness” Kim Carter 8.b Packet Pg. 199 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 MOVING FORWARD ❑Support Quality Construction Policies o Prevailing Wage, Skilled and Trained Workforce, Project Labor Agreements, Pre-qualification Local Hire, Career Connections/pre-apprenticeship programs o Crack Down on Wage Theft and Fraud •SB 727, AB 1003, Local transparency subcontractor reporting, enforcement funding o Support Streamline AH Entitlement and Simplify AH Funding o Use of Alternative Building Methods: pre-fab (factory OS) o Ongoing Stakeholder Education and Collaboration 8.b Packet Pg. 200 Attachment: Attachment 2 - PowerPoint Presentation - City of San Bernardino Ward 7 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Oliver Mujica, Planning Division Manager Subject: Release of Property Maintenance Agreement for Property Located at 1245 S. Washington Avenue (Ward 3) Recommendation It is recommended that the Mayor and the City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino: 1. Approve the Stipulation Between City of San Bernardino, Successor-in- Interest, and Andrew E. Lozano, Current Property Owner, Releasing Real Property Maintenance Agreement Containing Covenants Affecting Real Property Neighborhood Initiative Program in Exchange for Repayment of Grant (Attachment 1); and 2. Authorize the City Manager or designee to execute the Stipulation Agreement. Background On September 7, 1999, the San Bernardino County Community Deve lopment Commission approved a Cooperative/Delegate Agreement between the County of San Bernardino and the former Redevelopment Agency of the City of San Bernardino (Redevelopment Agency) for the implementation of the Neighborhood Initiative Program (NIP). The purpose of the NIP was to restore blighted and distressed communities within the County of San Bernardino, including the City of San Bernardino. Moreover, it was intended to stop deterioration and rekindle investment and neighborhood pride by reversing blighted conditions and revitalization. The NIP had seven (7) specific geographic areas of the City. In 1999, the Redevelopment Agency contracted with Neighborhood Housing Services of the Inland Empire, Inc., (NHS) to implement the Redevelopment Agency 's Single Family Home Improvement Loan and Beautification Grant Program within the NIP’s approved seven (7) target areas. The program provided up to $25,000 , 3% deferred loans for owner occupants, whose incomes did not exceed 120% of the area median income and 9 Packet Pg. 201 8779 Page 2 provided up to $5,000 in exterior beautification grants (such as landscaping, fencing, and painting). The reason the program was limited to the NIP target areas was to have NHS concentrate and focus their housing efforts in selected geographic areas a nd enable them to produce tangible changes in neighborhood perception and quality of life. However, staff learned that there was great demand and need in the community by residents who could not access funds from traditional lending institutions, due to th eir limited resources, to make needed repairs to their homes outside the NIP target areas. On July 24, 2000, the Mayor and Council adopted Resolution No. CDC/2000 -24 approving the First Amendment to the original Agreement with NHS to allocate an additional sum of $350,000, to offer up to $5,000 grants to owner occupants (income not exceeding 80% of median income) who need general repairs on a city-wide basis. On January 9, 2012, the Mayor and Council adopted Resolution No. 2012 -12 confirming that the City of San Bernardino would serve as the “Successor Agency” to the former Redevelopment Agency of the City of San Bernardino, in accordance with AB1X 26. Subsequently, on January 23, 2012, the Mayor and Council adopted Resolution No. 2012-19 further confirming that the City would serve as the “Successor Housing Agency” to the former Redevelopment Agency and perform the housing functions previously performed by the Agency. Discussion On April 12, 2006, through the NIP, the Redevelopment Agency entered into a Residential Property Maintenance Agreement Containing Covenants Affecting Real Property (1245 S. Washington Avenue) with the former owner, Fernando Rosales (Attachment 2). Section 5 (Covenant Term) of the Agreement states that the covenant shall run with the land and shall be in effect in perpetuity. Since then, the subject property has been sold and the current property owner is in the process of selling this property. However, the prospective buyer plans to use the property for a trucking business, as the subject property and surrounding area is zoned as Industrial Light. In order to permit the prospective purchaser to no longer use the property as a residence, the $5,000 grant that was awarded to the property must be paid back, and in exchange the City will release the Residential Property Maintenance Agreement via a stipulation (Attachment 2). The proposed stipulation will accomplish this. 2021-2025 Key Strategic Targets and Goals Approval of the attached stipulation aligns with Key Strategic Targe t No. 4: Economic Growth and Development. Releasing the Maintenance Agreement will support both economic and job growth within the City. Fiscal Impact There is no fiscal impact to the General Fund. 9 Packet Pg. 202 8779 Page 3 Conclusion It is recommended that the Mayor and the City Council of the City of San Bernardino, California, acting as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino: 1. Approve the Stipulation Between City of San Bernardino, Successor-in- Interest, and Andrew E. Lozano, Current Property Owner, Releasing Real Property Maintenance Agreement Containing Covenants Affecting Real Property Neighborhood Initiative Program in Exchange for Repayment of Grant (Attachment 1); and 2. Authorize the City Manager or designee to execute the Stipulation Agreement. Attachments Attachment 1 Stipulation Agreement Attachment 2 Real Property Maintenance Agreement Ward: 3 Synopsis of Previous Council Actions: April 12, 2006 The Redevelopment Agency entered into a Residential Property Maintenance Agreement with Fernando Rosales. 9 Packet Pg. 203 RECORDING REQUESTED BY Andrew E. Lozano AND WHEN RECORDED MAIL TO Andrew E. Lozano 1004 Sweet Oak Ridge Hendersonville, TN 37075 Space above line for Recorder's Use APN: 0136-442-39-0000 NO TAX DUE STIPULATION BETWEEN CITY OF SAN BERNARDINO, SUCCESSOR-IN-INTEREST, AND ANDREW E. LOZANO, CURRENT PROPERTY OWNER, RELEASING REAL PROPERTY MAINTENANCE AGREEMENT CONTAINING COVENANTS AFFECTING REAL PROPERTY (NEIGHBORHOOD INITIATIVE PROGRAM (NIP)) IN EXCHANGE FOR REPAYMENT OF GRANT City of San Bernardino, Successor-In-Interest to the Redevelopment Agency of the City of San Bernardino (“CITY” or “SUCCESSOR”) and Andrew E. Lozano, (“LOZANO”) hereby agree to release that Residential Property Maintenance Agreement Containing Covenants Affecting Real Property (the “RPMA”) as of this date _________________ as set forth in the recitals below: RECITALS: Whereas, LOZANO, the undersigned, is the current property owner of that certain property located in the City of San Bernardino, California, and more particularly described in “Exhibit A” attached hereto and incorporated herein by this reference (the “PROPERTY”); Whereas, Fernando Rosales, (“ROSALES”), the previous homeowner of the PROPERTY as reflected in the grant deed attached hereto as “Exhibit B,” and the Redevelopment Agency of the City of San Bernardino entered into the RPMA on April 12, 2006, recorded May 1, 2006, as Doc No. 2006- 0296275, with the San Bernardino County Recorder, whereby Rosales received a five-thousand-dollar ($5,000) grant. The recorded RPMA is attached hereto as “Exhibit C;” Whereas, subsequent to the execution of the RPMA, the PROPERTY was changed from residential zoning to industrial zoning; and Whereas, on June 18, 2019, LOZANO, acquired the PROPERTY. The grant deed reflecting LOZANO’s current ownership of the PROPERTY is attached hereto as “Exhibit D.” NOW, THEREFORE, IN CONSIDERATON OF THE RELEASE OF THE RPMA, SUCCCESSOR CITY OF SAN BERNARDINO, HEREBY RELEASES THE RPMA AND STIPULATES WITH LOZANO, THE FOLLOWING: 1) LOZANO will pay, within fifteen (15) days of the execution of this agreement and notice by the CITY of such execution, the amount of five-thousand-dollar ($5,000) as specified in the RPMA, which grant was received by Rosales. Said payment shall be made payable to the Successor Agency of the City of San Bernardino, and delivered to 209 North D. Street, San Bernardino, CA 92401. 9.a Packet Pg. 204 Attachment: Attachment 1 - Stipulation Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance Agreement for 2) In exchange for LOZANO’S payment as detailed above, the SUCCESSOR hereby releases the RPMA (attached as Exhibit B) and all covenants therein in its entirety. Hereinafter, the PROPERTY will be governed solely by its current industrial zoning with no additional restrictions; and 3) This Stipulation Releasing Residential Property Management Agreement Containing Covenants Affecting Real Property (Neighborhood Initiative Program) in Exchange for Repayment of Grant shall be binding upon and inure to the benefit of the undersigned and their respective heirs, executors, administrators, representatives, successors, and assigns. Property Owner: Dated: _______________________ ___________________________________ Andrew E. Lozano, Property Owner to 1245 S. Washington Ave., San Bernardino, CA 92408 Agency: Dated: ________________________ ______________________________________ City of San Bernardino, Successor-In-Interest of The Redevelopment Agency of the City By: 9.a Packet Pg. 205 Attachment: Attachment 1 - Stipulation Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance Agreement for 9.b Packet Pg. 206 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 207 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 208 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 209 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 210 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 211 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 212 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 213 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 214 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 215 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 216 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance 9.b Packet Pg. 217 Attachment: Attachment 2 - Real Property Maintenance Agreement - 1245 S Washington Avenue (8779 : Release of Property Maintenance Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Cheryl Weeks, Council Administrative Supervisor Subject: Feb.Nov.Dec 2021 and Jan. 2022 City Board,Commission & Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February, November, and December 2021, and January 2022. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in December 2021 and January 2022 are presented for review by the Mayor and City Council including the: 1. Charter Review Committee - December 2, 2021 2. Personnel Commission - February 23, 2021 3. Planning Commission - December 14, 2021 4. Public Safety and Human Relations Commission - November 8, 2021 5. Water Board - December 14, 2021; January 11, 2022 2021-2025 Key Strategic Targets and Goals Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. 10 Packet Pg. 218 8782 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in February, Nov ember, and December 2021, and January 2022. Attachments Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in February, November, and December 2021, and January 2022. Ward: All 10 Packet Pg. 219 10.a Packet Pg. 220 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 221 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 222 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 223 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 224 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 225 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 226 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 227 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 228 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 229 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 230 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 231 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 232 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 233 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 234 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 235 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 236 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 237 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 238 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 239 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 240 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 241 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 242 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 243 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 244 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 245 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 246 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 247 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec 10.a Packet Pg. 248 Attachment: Attachment 1 - MCC.February.November.December 2021 & January 2022 BCCAC Approved Minutes.docx (8782 : Feb.Nov.Dec Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Investment Portfolio Report for December 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for December 2021. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended December 31, 2021. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2021-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Financial Stability by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Po rtfolio Report for December 2021. 11 Packet Pg. 249 8773 Page 2 Attachments Attachment 1 Investment Portfolio Management Summary Report Dec 2021 Ward: All Synopsis of Previous Council Actions: N/A 11 Packet Pg. 250 11.a Packet Pg. 251 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 252 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 253 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 254 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 255 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 256 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 257 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 258 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 259 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 260 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 261 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio 11.a Packet Pg. 262 Attachment: Attachment 1-Investment Portfolio Summary Report Dec 2021 (8773 : Investment Portfolio Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2022. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>. Discussion Gross Payroll Bi-Weekly for January 6, 2022 $2,297,281.62 Bi-Weekly for January 20, 2022 $2,537,391.57 Monthly for January 15, 2022 $11,666.69 Total Payroll Demands: $4,846,339.88 The following check registers are being presented for approval: January 6, 2022 2021/22 (Register #26)$2,007,044.16 January 13, 2022 2021/22 (Register #27)$976,939.92 January 20, 2022 2021/22 (Register #28)$315,997.21 Total commercial check demands:$3,299,981.29 The following Electronic Funds Transfer (EFT) registers presented for approval: December 16 to December 29, 2021 2021/22 (Register #1221-#1227) $ 3,839,845.58 January 5 to January 14, 2022 2021/22 (Register #1228-#1237) $ 1,857,729.15 January 18, 2022 2021/22 (Register #1238-#1239) $ 583,531.43 Total commercial EFT demands: $ 6,281,106.16 12 Packet Pg. 263 8775 Page 2 2021-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for January 2022. Attachments Attachment 1 Payroll Summary Report for January 2022 Attachment 2 Commercial checks & Payroll Register #26 Attachment 3 Commercial checks & Payroll Register #27 Attachment 4 Commercial checks & Payroll Register #28 Attachment 5 Commercial EFT Registers #1221-1227 Attachment 6 Commercial EFT Registers #1228-1237 Attachment 7 Commercial EFT Registers #1238-1239 Ward: All 12 Packet Pg. 264 12.a Packet Pg. 265 Attachment: FN. Attachment 1 - Payroll Summary Report January 2022 (8775 : Approval of Commercial and Payroll Disbursements (All Wards)) 12.a Packet Pg. 266 Attachment: FN. Attachment 1 - Payroll Summary Report January 2022 (8775 : Approval of Commercial and Payroll Disbursements (All Wards)) 12.a Packet Pg. 267 Attachment: FN. Attachment 1 - Payroll Summary Report January 2022 (8775 : Approval of Commercial and Payroll Disbursements (All Wards)) 12.b Packet Pg. 268 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 269 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 270 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 271 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 272 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 273 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 274 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 275 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 276 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 277 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 278 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 279 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 280 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 281 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 282 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 283 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 284 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 285 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 286 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 287 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 288 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 289 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 290 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.b Packet Pg. 291 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #26 (8775 : Approval of 12.c Packet Pg. 292 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 293 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 294 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 295 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 296 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 297 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 298 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 299 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 300 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 301 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 302 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 303 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 304 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.c Packet Pg. 305 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #27 (8775 : Approval of 12.d Packet Pg. 306 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 307 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 308 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 309 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 310 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 311 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 312 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 313 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 314 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 315 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 316 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.d Packet Pg. 317 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #28 (8775 : Approval of 12.e Packet Pg. 318 Attachment: FN. Attachment 5 - Commercial EFT Registers #1221-1227 (8775 : Approval of Commercial 12.e Packet Pg. 319 Attachment: FN. Attachment 5 - Commercial EFT Registers #1221-1227 (8775 : Approval of Commercial 12.f Packet Pg. 320 Attachment: FN. Attachment 6 - Commercial EFT Registers #1228-1237 (8775 : Approval of Commercial 12.f Packet Pg. 321 Attachment: FN. Attachment 6 - Commercial EFT Registers #1228-1237 (8775 : Approval of Commercial 12.g Packet Pg. 322 Attachment: FN. Attachment 7 - Commercial EFT Registers #1238-1239 (8775 : Approval of Commercial 12.g Packet Pg. 323 Attachment: FN. Attachment 7 - Commercial EFT Registers #1238-1239 (8775 : Approval of Commercial Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Resolution to Approve a City-Wide Salary Schedule for City Employees (All Wards) Recommendation Adopt Resolution No. 2022-30 of the Mayor and City Council of the City of San Bernardino, California, approving a revised City-wide salary schedule for all full-time, part-time, temporary, and seasonal positions, repealing the prior salary schedule including Resolution No. 2021-268, and approving the Lead Building Inspector job description. Background The City of San Bernardino currently has one adopted salary sch edule establishing compensation for full-time miscellaneous (non-sworn) classifications, the San Bernardino Police Department (sworn) classifications, part-time, temporary, and seasonal classifications. On April 4, 2016, Senate Bill 3 was signed into law . This legislation amended Section 1182.12 of the California Labor Code and requires any employer with 26 or more employees to implement new minimum wages pursuant to the following schedule: January 1, 2017 - December 31, 2017 = $10.50/hour January 1, 2018 - December 31, 2018 = $11.00/hour January 1, 2019 - December 31, 2019 = $12.00/hour January 1, 2020 - December 31, 2020 = $13.00/hour January 1, 2021 - December 31, 2021 = $14.00/hour January 1, 2022 - until adjusted pursuant to statute = $15.00/hour In 2019, the City partnered with Public Sector Personnel Consultants (PSPC) to conduct a classification and compensation study of non-sworn positions. The City met and conferred with bargaining groups regarding recommendations brought forth from the study. On November 3, 2021 the Mayor and City Council adopted Resolution No. 2021 -268, updating the City-wide salary schedule in conjunction with approving the Middle Management Employees Memorandum of Understanding (MOU), and the General Unit 13 Packet Pg. 324 8709 Page 2 Employees Memorandum of Understanding (MOU). Only the salaries of full-time positions within these bargaining groups were increased. What is currently before the Mayor and City Council for approval is to implement the classification and compensation survey results for part-time positions. On December 1, 2021, the Mayor and City Council approved the addition of a Lead Building Inspector position in the Community and Economic Development Department which is now incorporated into the City-wide salary schedule. Exhibit A reflects the minimum wage increase and incorporates increasing the salaries of part-time positions that were part of the classification and compensation study. Discussion The proposed compensation plan incorporates the minimum wage increase effective January 1, 2022. State regulations for public employers require disclosure of position classifications and corresponding compensation. The updated document continues to meet the California Public Employees’ Retirement Systems (CalPERS) pay rate reporting re quirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5 Exhibit A identifies the monthly pay rates for all full-time miscellaneous (non-sworn) classifications, the San Bernardino Police Department (sworn) classifications, and the hourly rates for part-time, temporary, and seasonal classifications. Furthermore, the Lead Building Inspector job description and salary are being recommended for approval at range 526, $6,379.24-$7,783.88/month. 2021-2025 Key Strategic Targets and Goals Establishing a salary schedule for employees of the City of San Bernardino aligns with Key Target 2a: Focused, Aligned Leadership and Unified Community by ensuring that employees are fairly compensated. Fiscal Impact Implementing the increases of part time positions that 1) had a full -time position equivalent in the 2019 classification and compensation study, 2) were incorporated as part of the study and 3) were impacted by the minimum wage increase, will have a total financial impact of approximately $100,000 for the remainder of this fiscal year. There is sufficient funding in each departments part time budget to absorb the additional cost. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-30, approving a revised City-wide salary schedule for all full-time, part-time, temporary, and seasonal positions, repealing the prior salary schedule including Resolution No. 2021-268, and approving the Lead Building Inspector job description. 13 Packet Pg. 325 8709 Page 3 Attachments Attachment 1 Resolution 2022-30 Attachment 2 Exhibit A - City-wide Salary Schedule Attachment 3 Exhibit B - Proposed Lead Building Inspector Job Description Ward: All Synopsis of Previous Council Actions: December 1, 2021 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2021-289, accepting the Fiscal Year 2021-22 First Quarter Report. November 3, 2021 The Mayor and City Council of the City of San Bernardino, California, adopted Resolution No. 2021-268, approving the Middle Management Employees Memorandum of Understanding (MOU), the General Unit Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. 13 Packet Pg. 326 Resolution No. 2022-30 Resolution 2022-30 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-30 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING A REVISED CITY-WIDE SALARY SCHEDULE FOR ALL FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS, REPEALING THE PRIOR SALARY SCHEDULE INCLUDING RESOLUTION NO. 2021-268, AND APPROVING THE LEAD BUILDING INSPECTOR JOB DESCRIPTION WHEREAS, On April 4, 2016, Senate Bill 3 was signed into law. This legislation amended Section 1182.12 of the California Labor Code and requires any employer with 26 or more employees to implement new minimum wages pursuant to the following schedule: January 1, 2017 - December 31, 2017 = $10.50/hour January 1, 2018 - December 31, 2018 = $11.00/hour January 1, 2019 - December 31, 2019 = $12.00/hour January 1, 2020 - December 31, 2020 = $13.00/hour January 1, 2021 - December 31, 2021 = $14.00/hour January 1, 2022 - until adjusted pursuant to statute = $15.00/hour; WHEREAS, the updated salary schedule reflects the minimum wage increase and incorporates the part-time salaries of positions that had full-time equivalents in the 2019 classification and compensation study, and adjusts other part-time positions that were identified in the study; and WHEREAS, the Mayor and City Council approved the addition of a Lead Building Inspector position in the Community and Economic Development Department; WHEREAS, the revised document meets the California Public Employees’ Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit “A”, are hereby approved. 13.a Packet Pg. 327 Attachment: Attachment 1 - Resolution 2022-30 Resolution to Approve a City-Wide Salara Schedule (8709 : Resolution to Approve a City-Wide Resolution No. 2022-30 Resolution 2022-30 February 16, 2022 Page 2 of 3 SECTION 3. The job description and salary for Lead Building Inspector, Range 526, $6,379.24-$7,783.88/month incorporated herein as Exhibit “B”, is hereby approved. SECTION 4. Resolution No. 2021-268 is hereby repealed. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 13.a Packet Pg. 328 Attachment: Attachment 1 - Resolution 2022-30 Resolution to Approve a City-Wide Salara Schedule (8709 : Resolution to Approve a City-Wide Resolution No. 2022-30 Resolution 2022-30 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-30, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 13.a Packet Pg. 329 Attachment: Attachment 1 - Resolution 2022-30 Resolution to Approve a City-Wide Salara Schedule (8709 : Resolution to Approve a City-Wide ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,121.65 MONTHLY $6,225.67 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,181.46 MONTHLY $7,513.94 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,523.64 MONTHLY $4,282.59 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,703.36 MONTHLY $4,501.34 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,165.44 MONTHLY $6,278.27 MONTHLY MIDDLE MANAGEMENT 30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,595.23 MONTHLY $4,369.96 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,836.09 MONTHLY $4,662.95 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,368.84 MONTHLY $7,741.92 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,013.46 MONTHLY $6,094.01 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 00300 APPRENTICE (PT)381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $4,768.82 MONTHLY $5,797.33 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,603.47 MONTHLY $6,810.92 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $15,344.41 MONTHLY $18,649.29 MONTHLY MANAGEMENT 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED)385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)486 $5,226.01 MONTHLY $6,352.13 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $3,893.36 MONTHLY $4,731.39 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $4,995.33 MONTHLY $6,071.62 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,410.53 MONTHLY $7,791.85 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,029.47 MONTHLY $7,328.64 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U)608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,267.35 MONTHLY $10,048.17 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $6,898.71 MONTHLY $8,385.26 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,252.08 MONTHLY $6,383.41 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $5,919.41 MONTHLY $7,195.67 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)613 $9,697.96 MONTHLY $11,786.88 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,567.03 MONTHLY $5,551.33 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,497.92 MONTHLY $7,898.07 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7 EXHIBIT A 13.b Packet Pg. 330 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $3,933.06 MONTHLY $4,779.74 MONTHLY GENERAL 20271 BUYER 460 $4,582.48 MONTHLY $5,570.39 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,318.91 MONTHLY $4,034.21 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U)565 $7,632.66 MONTHLY $9,277.92 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE P7 $23,260.00 MONTHLY $23,260.00 MONTHLY MANAGEMENT 10399 CITY CLERK (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,556.67 MONTHLY $9,185.49 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX)435 $4,051.93 MONTHLY $4,925.71 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $4,873.58 MONTHLY $5,923.58 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,045.65 MONTHLY $6,133.24 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,397.35 MONTHLY $8,991.12 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,205.26 MONTHLY $3,896.57 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,269.54 MONTHLY $6,405.27 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,537.72 MONTHLY $5,515.22 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,577.50 MONTHLY $4,348.06 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,063.42 MONTHLY $6,154.39 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,548.69 MONTHLY $10,390.22 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,687.53 MONTHLY $6,912.74 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,411.61 MONTHLY $6,577.35 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT)362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,322.63 MONTHLY $6,469.82 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,411.61 MONTHLY $6,577.35 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $4,988.47 MONTHLY $6,062.78 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,900.79 MONTHLY $3,526.41 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,173.98 MONTHLY $3,857.99 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,335.60 MONTHLY $4,055.06 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,335.60 MONTHLY $4,055.06 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,173.98 MONTHLY $3,857.99 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,238.58 MONTHLY $5,151.98 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U)490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U)530 $6,410.53 MONTHLY $7,791.85 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $13,612.89 MONTHLY $16,547.02 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)612 $9,649.69 MONTHLY $11,728.34 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)655 $11,957.36 MONTHLY $14,534.10 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,022.92 MONTHLY $9,752.39 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,293.03 MONTHLY $10,875.93 MONTHLY POLICE SAFETY SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 2 of 7 13.b Packet Pg. 331 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,555.51 MONTHLY $12,830.31 MONTHLY MANAGEMENT 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 10711 DIRECTOR OF FINANCE (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,259.30 MONTHLY $14,900.74 MONTHLY MANAGEMENT 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,259.30 MONTHLY $14,900.74 MONTHLY MANAGEMENT 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $12,382.54 MONTHLY $15,050.69 MONTHLY MANAGEMENT 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,444.72 MONTHLY $9,048.90 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,519.10 MONTHLY $6,708.36 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,632.66 MONTHLY $9,277.92 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $4,946.57 MONTHLY $6,013.25 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $5,919.41 MONTHLY $7,195.67 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,562.46 MONTHLY $7,977.18 MONTHLY MIDDLE MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,682.77 MONTHLY $5,692.10 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,546.21 MONTHLY $9,172.25 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,215.17 MONTHLY $8,770.43 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,275.15 MONTHLY $7,627.41 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,542.05 MONTHLY $4,305.31 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U)430 $3,893.36 MONTHLY $4,750.64 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,574.56 MONTHLY $6,776.15 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,574.56 MONTHLY $6,776.15 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,689.45 MONTHLY $10,562.70 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,029.47 MONTHLY $7,328.64 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,474.21 MONTHLY $7,869.90 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,368.96 MONTHLY $4,095.73 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,013.46 MONTHLY $6,094.01 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)448 $4,324.08 MONTHLY $5,255.21 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 525 $6,337.61 MONTHLY $7,703.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $6,898.71 MONTHLY $8,385.26 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,226.27 MONTHLY $9,998.87 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,070.30 MONTHLY $6,163.03 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $4,971.59 MONTHLY $6,043.49 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $5,765.06 MONTHLY $7,006.97 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 3 of 7 13.b Packet Pg. 332 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30098 GROUNDWORKER ARBORIST 392 $3,269.91 MONTHLY $3,974.77 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,519.10 MONTHLY $6,708.36 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)601 $9,134.14 MONTHLY $11,102.90 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,037.73 MONTHLY $7,338.94 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,722.44 MONTHLY $4,525.32 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,098.33 MONTHLY $7,412.89 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,043.76 MONTHLY $10,991.98 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 10389 INFORMATION TECHNOLOGY TECHNICIAN II 460 $4,520.85 MONTHLY $5,495.48 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,302.18 MONTHLY $5,229.14 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,753.67 MONTHLY $5,777.60 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL PENDING LEAD BUILDING INSPECTOR 526 $6,379.24 MONTHLY $7,783.88 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,548.21 MONTHLY $6,744.18 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,352.28 MONTHLY $4,074.87 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 503 $5,678.66 MONTHLY $6,902.87 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $4,849.60 MONTHLY $5,894.38 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,436.94 MONTHLY $6,608.75 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX)450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,046.67 MONTHLY $6,134.20 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,582.48 MONTHLY $5,570.39 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U)635 $10,822.53 MONTHLY $13,153.82 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,375.72 MONTHLY $6,534.36 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,797.51 MONTHLY $4,616.03 MONTHLY GENERAL 00361 LIBRARY PAGE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,359.71 MONTHLY $5,299.73 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX)380 $3,080.14 MONTHLY $3,744.34 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,436.74 MONTHLY $4,178.10 MONTHLY GENERAL 00133 LIFEGUARD (PT)370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,243.92 MONTHLY $7,588.89 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)393 $3,286.59 MONTHLY $3,994.58 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,667.18 MONTHLY $4,457.54 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,854.86 MONTHLY $4,685.89 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX)476 $4,896.74 MONTHLY $5,952.49 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U)476 $4,896.74 MONTHLY $5,952.49 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,687.53 MONTHLY $6,912.74 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U)506 $5,687.53 MONTHLY $6,912.74 MONTHLY MANAGEMENT 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 4 of 7 13.b Packet Pg. 333 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,481.70 MONTHLY $9,094.09 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,670.66 MONTHLY $9,324.13 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX)461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,337.61 MONTHLY $7,703.40 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $8,689.45 MONTHLY $10,562.70 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,080.14 MONTHLY $3,744.34 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,628.05 MONTHLY $8,057.34 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,778.74 MONTHLY $4,593.09 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,129.14 MONTHLY $7,449.86 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 456 $4,499.25 MONTHLY $5,468.96 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)594 $8,820.90 MONTHLY $10,721.88 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)499 $5,576.36 MONTHLY $6,777.55 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,638.87 MONTHLY $8,070.50 MONTHLY GENERAL 30481 PLUMBER 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 00192 POLICE CADET (PT)NA $15.00 HOURLY $17.00 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,433.38 MONTHLY $7,819.99 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,539.16 MONTHLY $6,733.19 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX)425 $3,697.00 MONTHLY $4,494.00 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,315.00 MONTHLY $5,245.00 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,368.96 MONTHLY $4,095.73 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,141.76 MONTHLY $9,537.75 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,675.13 MONTHLY $5,682.82 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)369 $2,915.39 MONTHLY $3,544.14 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,384.73 MONTHLY $12,290.11 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,778.74 MONTHLY $4,593.09 MONTHLY GENERAL 00331 POOL MANAGER I (PT)421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT)443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,178.74 MONTHLY $8,726.70 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,429.86 MONTHLY $6,599.94 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,595.23 MONTHLY $4,369.96 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $4,873.58 MONTHLY $5,923.58 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $8,776.74 MONTHLY $10,668.48 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $4,971.59 MONTHLY $6,043.49 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,576.36 MONTHLY $6,777.55 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,476.21 MONTHLY $7,871.34 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,801.52 MONTHLY $7,052.41 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 5 of 7 13.b Packet Pg. 334 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10863 PURCHASING DIVISION MANAGER (U)598 $8,998.57 MONTHLY $10,937.55 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,520.85 MONTHLY $5,495.48 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 00244 RECREATION LEADER (PT)363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT)393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,776.61 MONTHLY $5,806.80 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT)371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT)395 $3,183.00 HOURLY $3,869.00 HOURLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,659.78 MONTHLY $6,879.73 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,267.35 MONTHLY $10,048.17 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,051.93 MONTHLY $4,925.71 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $3,990.92 MONTHLY $4,851.55 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,543.45 MONTHLY $5,523.21 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,407.75 MONTHLY $9,003.71 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,189.00 MONTHLY $8,738.74 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT)396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U)556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,733.61 MONTHLY $10,615.07 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,004.02 MONTHLY $3,651.54 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)375 $2,958.79 MONTHLY $3,596.55 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,143.34 MONTHLY $8,682.98 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT)372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA 30978 SOLID WASTE FIELD INSPECTOR 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,322.63 MONTHLY $6,469.82 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $5,650.55 MONTHLY $6,868.52 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $7,943.85 MONTHLY $9,655.85 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,562.46 MONTHLY $7,977.18 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,251.61 MONTHLY $8,814.15 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,595.78 MONTHLY $8,016.74 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,173.88 MONTHLY $6,288.52 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $5,978.84 MONTHLY $7,267.62 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 20666 TREASURY SUPERVISOR 502 $5,650.55 MONTHLY $6,868.52 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED)358 $2,760.03 MONTHLY $3,354.37 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,635.84 MONTHLY $5,635.79 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 6 of 7 13.b Packet Pg. 335 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to ADOPTED 2/16/22 EFFECTIVE 1/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/16/22 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022- shall be paid the hourly equivalent of the salary listed in the 2021/2022 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations. SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 7 of 7 13.b Packet Pg. 336 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- JOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service Monthly Pay Rates Effective September 1, 2021: Police Officer $7,141.76 $7,740.50 $8,340.27 $8,939.01 $9,537.75 P-1 Detective/Corporal $8,293.03 $8,939.01 $9,584.99 $10,229.95 $10,875.93 P-2 Sergeant $9,384.73 $10,110.82 $10,836.90 $11,564.02 $12,290.11 P-3 Lieutenant -- -- -- -- $14,743.00 P-4 Captain -- -- -- -- $17,351.00 P-5 Assistant Chief -- -- -- -- $21,242.00 P-6 Chief -- -- -- -- $23,260.00 P-7 13.b Packet Pg. 337 Attachment: Attachment 2 - Exhibit A - City-wide Salary Schedule [Revision 2] (8709 : Resolution to Approve a City-Wide Salary Schedule for City of San Bernardino: Lead Building Inspector Page 1 of 3 Lead Building Inspector Department: Community Development-Building Bargaining Unit: General Salary Range: Date Created: 12/2021 FLSA Status: Non-Exempt Date Modified: Job ID: 30074 Position Summary Under limited direction, the Lead Building Inspector leads, supports, oversees, and performs highly skilled specialty building inspection work in the enforcement of building, zoning, electrical , and related codes and regulations for new building construction and remodeling. Provides advanced technical expertise and interpretation of the California Electrical Code for other building inspectors. Distinguishing Characteristics This is the lead level within the Building Inspection series of jobs. Incumbent is responsible for conducting complex and difficult inspections. The position is the Building Division's expert on the interpretation, application, and enforcement of the California Electrical Code. Lead Building Inspector is distinguished from Building Inspector III in that the former class is a subject matter expert, and handles complex, challenging, and difficult building inspection assignments. Job Responsibilities Essential Functions: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. Essential duties and responsibilities may include, but are not limited to, the following: •Identifies errors or code violations and orders corrections; explains and communicates all pertinent codes, standards, and regulations to individuals on site. •Performs inspection and evaluation work to ensure fire and life safety through building and permitting process; oversees and checks the work of other building inspect ors ensuring thoroughness and efficiency. •Performs highly skilled electrical inspection work involving enforcement of electric and related codes governing the installation and uses of electrical wiring equipment and appliances ; inspects electric signs, elevators, and high-voltage wiring. •Reads, interprets, and evaluates and plans, interprets detailed codes and regulations, explains required inspections and construction requirements to owners, architects, engineers, contractors, lending institutions, realtors, and the public; advises property owners and contractors on matters relevant to building permits, construction methods, materials, types of construction, and occupancies; issues correction notices, notices of violation, stop-work orders, and other citations. •Investigates and resolves complaints, concerns, and problems; investigates complaints concerning new construction or work involving permits and handles situations with tact and professionalism. EXHIBIT B 13.c Packet Pg. 338 Attachment: Attachment 3 - Exhibit B - Proposed Lead Building Inspector Job Description (8709 : Resolution to Approve a City-Wide Salary City of San Bernardino: Lead Building Inspector Draft 2 | P a g e • Prepares a variety of correspondence and reports; maintains records and files of inspections made; files and logs permit information. • Conducts special investigations regarding noncompliant building construction, documents investigative results. • Represents the Building Inspectors when issues or errors arise; solves challenging problems and facilitates conflict resolution. • Performs other duties as assigned. Job Requirements Knowledge of – • Methods and practices used in various building construction craft areas, including plumbing, electrical, mechanical, ventilation and structural framing. • Advanced principles and practices of electrical installations in residential, commercial and industrial buildings; all aspects of the California Electrical Code. • Laws, ordinances and codes regulating building construction, zoning, seismic requirements and ADA. • Appropriate safety and fire prevention methods in construction. • Inspector oversight, direction, and technical guidance. • Inspection techniques • Customer service and etiquette. Skill in – • Reviewing blueprints, plans, and specifications for building and related construction and determining compliance of plans with regulations and validity of permits. • Inspecting building sites during construction, alteration or repair and interpret and enforce a wide range of building, zoning and related codes and regulations. • Organizing and leading crews and inspectors performing operations. • Detecting and locating defective and unsafe construction. • Performing building inspection activities with minimum supervision. • Interpreting, explaining, applying, and enforcing the California Electrical Code. • Resolving job-related problems with property owners and contractors, architects, tena nts, engineers, realtors, and representatives of city and outside organizations and firms. • Working effectively with other employees, managing work, and monitoring progress. • Communicating clearly and concisely • Establishing and maintaining effective relationships. • Providing customer service. Education and Experience: High School Diploma or G.E.D.; and five (5) years experience as a Building Inspector in a municipal environment; and three (3) years of experience at the journey or advanced level of the electrical trade in the construction industry or as a Building Inspector III for the City; or an equivalent combination of training and experience. Licenses, Certifications, and Equipment: A valid California Driver’s License (Class C) is required. Certification as a Building Inspector by the International Code Council. 13.c Packet Pg. 339 Attachment: Attachment 3 - Exhibit B - Proposed Lead Building Inspector Job Description (8709 : Resolution to Approve a City-Wide Salary City of San Bernardino: Lead Building Inspector Draft 3 | P a g e Physical Requirements and Work Environment: While performing the duties of this job, the employee is regularly required to use hands/finger, handle, feel or operate objects, tools, or controls and reach with hands and arms. The employee regularly works in various weather conditions, as the job is primarily outdoors. The employee frequently works near moving mechanical parts, is exposed to wet and/or humid conditions and vibration, and works in confined or high, precarious places. The employee is occasionally exposed to fumes or airborne particles, toxic or caustic chemicals, dust and soil, slippery and uneven surfaces, risk of electrical shock and moving traffic. The noise level in the work environment is frequently loud. Employees may be required to work weekends and holidays. The employee is frequently required to talk and hear. The employee is frequently required to walk, stand, sit, climb, or balance, bend, grasp, stoop, kneel, crouch, twist, climb ladders or inclines, or crawl. The employee must be able to lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. 13.c Packet Pg. 340 Attachment: Attachment 3 - Exhibit B - Proposed Lead Building Inspector Job Description (8709 : Resolution to Approve a City-Wide Salary Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Amendment to Graves & King Legal Service Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-31, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2012677. Background On September 30, 2020 the City entered into an agreement with Graves & King (G&K) to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Elmira Balasanyan v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS2012677. G&K has developed a hard-earned reputation of expertise in the field of public entity liability and has represented the City capably and efficiently. This case remains active. Discussion Continued representation is essential to protect the City's interest and avoid unnecessary liability. In addition, utilizing the same firm provides efficiency that would be lost should the case need to be transferred to a different firm. At this time, it is necessary to increase the cap under the legal services agreement as the not -to-exceed amount of $49,999 is being advanced upon. The amount paid in this matter has currently reached $47,611. The proposed amendment to the agreement includes an additional $50,001 increasing the total contract amount to $100,000. 2021-2025 Key Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1d: Financial Stability - Minimize Risk and Litigation Exposure. Continued legal representation of the City in this case protects the City’s interest and avoids unnecessary liability. Fiscal Impact There is funding to support the contract amendment in FY 2021/22 budget. 14 Packet Pg. 341 8787 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-31, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Graves & King for representation in the San Bernardino Superior Court Case No. CIVDS2012677. Attachments Attachment 1 Resolution 2022-31 Attachment 2 Exhibit A-First Amendment Agreement Attachment 3 Original Agreement Ward: All Synopsis of Previous Council Actions: N/A 14 Packet Pg. 342 Resolution No. 2022-31 Resolution 2022-31 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-31 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 LEGAL SERVICES AGREEMENT WITH GRAVES AND KING FOR REPRESENTATION IN THE SAN BERNARDINO SUPERIOR COURT CASE NO. CIVDS2012677 WHEREAS, on September 30, 2020, the City entered into an agreement with Graves & King (G&K) to provide legal services in the amount of $49,999 to represent the City in the Elmira Balasanyan v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 2012677; and WHEREAS, G&K has developed a hard-earned reputation of expertise in the field of public entity liability and has represented the City capably and efficiently; and WHEREAS, it is necessary to increase the cap under the legal service agreement as the not-to-exceed amount of $49,999 is being advanced upon. The proposed amendment to the agreement includes an additional $50,001 increasing the total contract amount to $100,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the first amendment to the legal services agreement with Graves & King, copies which are attached hereto and marked Exhibit A. SECTION 3. The Director of Finance is hereby authorized to amend the Purchase Order to Graves & King. SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 14.a Packet Pg. 343 Attachment: Attachment 1 - Resolution 2022-31 Amendment to Graves & King Legal Service Agreement (8787 : Amendment to Graves & King Resolution No. 2022-31 Resolution 2022-31 February 16, 2022 Page 2 of 3 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 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 14.a Packet Pg. 344 Attachment: Attachment 1 - Resolution 2022-31 Amendment to Graves & King Legal Service Agreement (8787 : Amendment to Graves & King Resolution No. 2022-31 Resolution 2022-31 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 14.a Packet Pg. 345 Attachment: Attachment 1 - Resolution 2022-31 Amendment to Graves & King Legal Service Agreement (8787 : Amendment to Graves & King EXHIBIT A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND GRAVES AND KING LLP This First Amendment (“First Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Graves and King LLP, a limited liability partnership (hereinafter the “Firm”) as of February 16, 2022. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.” WHEREAS, City and Firm entered into Professional Services Agreement dated September 30, 2020, for the provision of legal services in connection with the case entitled Elmira Balasanyan v. City of San Bernardino, San Bernardino Co. Case No. CIVDS 2012677 (“Original Agreement”); and WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not- to-exceed cap. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Not-To-Exceed Cap. The $49,999 not-to-exceed cap identified in the Original Agreement is hereby increased to $100,000. 2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. CITY FIRM Robert D. Field, City Manager Harvey Wimer, Partner 14.b Packet Pg. 346 Attachment: Attachment 2 - Resolution 2022-31; Exhibit A - First Amendment Agreement (8787 : Amendment to Graves & King Legal Service 14.c Packet Pg. 347 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 348 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 349 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 350 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 351 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 352 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 353 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 354 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 355 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 356 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 357 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 358 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 359 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) 14.c Packet Pg. 360 Attachment: Attachment 3 - Original Agreement (8787 : Amendment to Graves & King Legal Service Agreement (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-32, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Carpenter, Rothans & Dumont for representation in the US District Court Case No. 5:20-CV-01486-JGB-KKx. Background On November 17, 2020, the City entered into an agreement with Carpenter, Rothans & Dumont (CRD) to provide legal services in the amount of $49,999.99 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Jesus Ortiz Paz v. City of San Bernardino, et al., US District Court Case No. 5:20-CV-01486-JGB-KKx. CRD is a full-service civil defense law firm and has represented the City capably and efficiently. This case remains active. Discussion Continued representation is essential to protect the City's interest and avoid unnecessary liability. In addition, utilizing the same firm provides efficiency that would be lost should the case need to be transferred to a different firm. At this time, it is necessary to increase the cap under the legal services agreement as all expenses currently total $85,500, which include outstanding invoices totaling $35,500. The proposed amendment to the agreement includes an additional $100,000 increasing the total contract amount to $150,000. 2021-2025 Key Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1d: Financial Stability - Minimize Risk and Litigation Exposure. Continued legal representation of the City in this case protects the City’s interest and avoids unnecessary liability. Fiscal Impact There is funding to support the contract amendment in the FY 2 021/22 budget. 15 Packet Pg. 361 8788 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-32, authorizing the City Manager to execute the First Amendment to the Legal Services Agreement with Carpenter, Rothans & Dumont for representation in the US District Court Case No. 5:20-CV-01486-JGB-KKx. Attachments Attachment 1 Resolution 2022-32 Attachment 2 Resolution 2022-32; Exhibit A - First Amendment Agreement Attachment 3 Original Agreement Ward: All Synopsis of Previous Council Actions: N/A 15 Packet Pg. 362 Resolution No. 2022-32 Resolution 2022-32 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-32 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 LEGAL SERVICES AGREEMENT WITH CARPENTER, ROTHANS & DUMONT FOR REPRESENTATION IN THE US DISTRICT COURT CASE NO. 5:20-CV-01486-JGB-KKx WHEREAS, on November 17, 2020, the City entered into an agreement with Carpenter, Rothans & Dumont (CRD) to provide legal services in the amount of $49,999 to represent the City in the Jesus Ortiz Paz v. City of San Bernardino, et al., US District Court Case No. 5:20- CV-01486-JGB-KKx; and WHEREAS, CRD is a full-service law firm and has represented the City capably and efficiently; and WHEREAS, it is necessary to increase the cap under the agreement to permit continued representation of the City and to address outstanding invoices in the amount of $35,500. The proposed amendment to the agreement includes an additional $100,001 increasing the total contract amount to $150,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the first amendment to the legal services agreement with Carpenter, Rothans & Dumont, copies which are attached hereto and marked Exhibit A. SECTION 3. The Director of Finance is hereby authorized to amend the Purchase Order to Carpenter, Rothans & Dumont. SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 15.a Packet Pg. 363 Attachment: Attachment 1 - Resolution 2022-32 Amendment to Carpenter, Rothans & Dumont Legal Services Agreemen [Revision 1] (8788 : Resolution No. 2022-32 Resolution 2022-32 February 16, 2022 Page 2 of 3 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 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 15.a Packet Pg. 364 Attachment: Attachment 1 - Resolution 2022-32 Amendment to Carpenter, Rothans & Dumont Legal Services Agreemen [Revision 1] (8788 : Resolution No. 2022-32 Resolution 2022-32 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-32, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 15.a Packet Pg. 365 Attachment: Attachment 1 - Resolution 2022-32 Amendment to Carpenter, Rothans & Dumont Legal Services Agreemen [Revision 1] (8788 : EXHIBIT A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND CARPENTER, ROTHANS AND DUMONT LLP This First Amendment (“First Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Carpenter, Rothans & Dumont LLP, a limited liability partnership (hereinafter the “Firm”) as of February 16, 2022. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.” WHEREAS, City and Firm entered into Professional Services Agreement dated November 17, 2020 for the provision of legal services in connection with the case entitled Jesus Ortiz Paz v. City of San Bernardino, et. al, US District Court Case No. 5:20-CV-01486-JGB-KKx (“Original Agreement”); and WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not- to-exceed cap. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Not-To-Exceed Cap. The $49,999 not-to-exceed cap identified in the Original Agreement is hereby increased to $150,000. 2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. CITY FIRM Robert D. Field, City Manager Steven J. Rothans, Partner 15.b Packet Pg. 366 Attachment: Attachment 2 - Resolution 2022-32; Exhibit A - First Amendment Agreement [Revision 1] (8788 : Amendment to Carpenter, Rothans 15.c Packet Pg. 367 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 368 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 369 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 370 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 371 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 372 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 373 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 374 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 375 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 376 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 377 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 378 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 379 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 380 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 381 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) 15.c Packet Pg. 382 Attachment: Attachment 3 - Original Agreement (8788 : Amendment to Carpenter, Rothans & Dumont Legal Services Agreement (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Lydie Gutfeld, Director Parks, Recreation and Community Service Subject: Grant Application and Award for a Fitness Court at Blair Park (Ward 5) Adopt Resolution 2022-33 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the ratification and submission of the California Parks and Recreation Society (CPRS) / National Fitness Campaign (NFC) grant application; 2. Accepting the two grant awards totaling $80,000 ($30,000 from CPRS/NFC and $50,000 from San Manuel Band of Mission Indians); and 3. Allocating the remaining balance of $130,700 from the Cultural Development Impact Fund in Fiscal Year 2021/22 to complete the Fitness Court at Blair Park project. Background As community members seek healthier activities outdoors amidst the COVID -19 Pandemic that started early Spring of 2020, the Parks, Recreation and Community Services Department (PRCSD) staff established an Outdoor Recreation & Fitness Parks Plan to meet the growing use of City parks. Recognizing the importance of outdoor fitness programming and outdoor fitness options in city parks, staff began a discussion with NFC representatives. In February 2021, staff met with NFC representatives to determine the best location for placement of an outdoor top -of-the-line fitness court. NFC representatives presented a thorough analysis of its fitness equipment and maximum health impact opportunities for the City of San Bernardino. Staff provided several potential locations for the construction of the City of San Bernardino’s first ever fitness court, and NFC’c satellite assessment tool identified Blair Park as the highest connectivity and accessibility to pedestrian and vehicular activity than other city parks. The National Fitness Campaign is a quality-of-life consulting firm that partners with cities, schools, corporations, and design firms to fund and build outdoor fitness courts to improve the physical health of communities across America. Their initiative supports millions of people in living a healthier, more active lifestyle, and their consulting and planning services are being implemented in hundreds of cities across the country. 16 Packet Pg. 383 8777 Page 2 Staff applied for and was awarded the CPRS-NFC Grant in 2021; however, funds were rescinded due to unavailable additional funding sources being acquired within the timeline set forth in the grant specifications. On December 4, 2021, staff re-submitted a grant application through the CPRS-NFC 2022 Healthy City Grant Program. In addition, staff submitted an application of sponsorship through San Manuel Band of Mission Indians. On January 3, 2022, the Department was notified as a recipient for both submissions and were awarded $30,000 from CPRS -NFC Healthy City Grant Program, and $50,000 from San Manuel Band of Mission Indians. Discussion The total proposed cost for the Blair Park Fitness Court project i s $210,700. Staff recommends using the Cultural Development Impact Fund for the $130,700 balance of the project. It is anticipated that this capital improvement project will require little on - going maintenance costs. The $30,000 CPRS-NFC grant includes both the Healthy City Grant Award of $25,000 and Local Artist Grant Award of $5,000, which includes a one-of-a-kind, interactive, outdoor public art component connecting arts with health and wellness. If approved, staff will conduct a “Call for Artists” in hope of finding a local artist to design a mural for the Fitness Court that best represents the cultural diversity and history of the San Bernardino Community. 2021-2025 Key Strategic Targets and Goals The acceptance of the grant contribution and sponsorship aligns with Key Target No. 1: Financial Stability by continuing to seek supplemental grant funding to improve/expand services; and Key Target No. 3: Improved Quality of Life whereby low-income community members have affordable access to outdoor fitness equipment, fitness circuits, and running/walking/hiking trails. Accepting the grant and scholarship funds and allocating additional funds from the Cultural Development Impact Fund for the remaining cost of the project will help to motivate the residents City of San Bernardino to begin their path to achieving fitness goals and living healthier lifestyles by having access to the Fitness Court at Blair Park. Fiscal Impact Both contributions totaling $80,000, will be appropriated into Outdoor Facilities. The additional balance of $130,700 is requested from the Cultural Development Impact Fund to complete the project. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution 2022-33 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the ratification and submission of the California Parks and Recreation Society (CPRS) / National Fitness Campaign (NFC) grant application; 16 Packet Pg. 384 8777 Page 3 2. Accepting the two grant awards totaling $80,000 ($30,000 from CPRS/NFC and $50,000 from San Manuel Band of Mission Indians); and 3. Allocating the remaining balance of $130,700 from the Cultural Development Impact Fund in Fiscal Year 2021/22 to complete the Fitness Court at Blair Park project. Attachments Attachment 1 Resolution 2022-33 Attachment 2 CPRS/NFC Grant Application & Award Letter Attachment 3 San Manuel Band of Mission Indians Sponsorship Application & Award Letter Attachment 4 NFC Site Analysis Attachment 5 NFC Budget and Equipment Overview Ward: 5 Synopsis of Previous Council Action: N/A 16 Packet Pg. 385 Resolution No. 2022-33 Resolution 2022-33 February 16, 2022 Page 1 of 4 RESOLUTION NO. 2022-33 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE RATIFICATION AND SUBMISSION OF THE CALIFORNIA PARKS AND RECREATION SOCIETY (CPRS) / NATIONAL FITNESS CAMPAIGN (NFC) GRANT APPLICATION; ACCEPTING THE TWO GRANT AWARDS TOTALING $80,000 ($30,000 FROM CPRS/NFC AND $50,000 FROM SAN MANUEL BAND OF MISSION INDIANS); AND ALLOCATING THE REMAINING BALANCE OF $130,700 FROM THE CULTURAL DEVELOPMENT IMPACT FUND IN FISCAL YEAR 2021/22 TO COMPLETE THE FITNESS COURT AT BLAIR PARK WHEREAS, The Parks, Recreation and Community Services Department submitted a Grant Application to National Fitness Campaign (NFC) for participation in their 2022 initiative to install and activate outdoor Fitness Courts in 200 cities and schools across the country, and WHEREAS, The City will accept a $30,000 CPRS 2022 Healthy Cities National Fitness Campaign Grant from NFC, and accept a $50,000 San Manuel Band of Mission Indians Sponsorship; and WHEREAS, The City will apply supplemental funding as received from future community sponsors, which will be made available and committed to the program for the purchase of the outdoor Fitness Court, and WHEREAS, The City will commit to construction and launch of the outdoor Fitness Court by the end of the 2022 calendar year, and WHEREAS; The City desires to construct improvements to address deferred maintenance needs and redesign existing spaces to allow for the construction and expansion of recreational services at Blair Park; and WHEREAS, The City believes the outdoor Fitness Court is an important wellness ecosystem that supports healthier communities, commits to funding/fundraising to participate in NFC’s 2022 Campaign, and will earn local and national recognition as a leader in providing affordable health and wellness; and WHEREAS, the City will collaborate with NFC to implement the outdoor Fitness Court and make fitness free to the community residents and visitors. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 16.a Packet Pg. 386 Attachment: Attachment 1 - Resolution No. 2022-33 Grant Application and Award for a Fitness Court at Blair Park [Revision 1] (8777 : Grant Resolution No. 2022-33 Resolution 2022-33 February 16, 2022 Page 2 of 4 SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager to execute a Professional Services Agreement, and any supporting documents for National Fitness Court Project. SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to appropriate funds from monetary monies received and through Measure S to account 001-380- 0077-5706 SECTION 4. The Mayor and City Council hereby authorize the Director of Parks, Recreation and Community to sign into agreement with a qualified contractor to build and construct (cement foundation and installation of NFC fitness equipment kit) the National Fitness Court at Blair Park. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of February 2022. John Valdivia, Mayor City of San Bernardino 16.a Packet Pg. 387 Attachment: Attachment 1 - Resolution No. 2022-33 Grant Application and Award for a Fitness Court at Blair Park [Revision 1] (8777 : Grant Resolution No. 2022-33 Resolution 2022-33 February 16, 2022 Page 3 of 4 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 388 Attachment: Attachment 1 - Resolution No. 2022-33 Grant Application and Award for a Fitness Court at Blair Park [Revision 1] (8777 : Grant Resolution No. 2022-33 Resolution 2022-33 February 16, 2022 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-33, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 16.a Packet Pg. 389 Attachment: Attachment 1 - Resolution No. 2022-33 Grant Application and Award for a Fitness Court at Blair Park [Revision 1] (8777 : Grant 16.b Packet Pg. 390 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 391 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 392 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 393 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 394 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 395 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 396 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 397 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 398 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 16.b Packet Pg. 399 Attachment: Attachment 2- 2022 NFC Application and Award Letter (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward National Fitness CampaignSan Bernardino, CA2021 16.c Packet Pg. 400 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward SAN BERNARDINOCALIFORNIA Partnership Stage 2 : Evaluation Please Note: These materials are the property of NFC and are made available to qualiﬁed candidates who are being considered for funding and or participation in the Campaign and NFC Healthy Infrastructure program. Any reproduction or sharing of these materials is strictly forbidden and use of these materials is for work done in conjunction with NFC and its partners and sponsors. A Note from the NFC Team: The following analysis overview of San Bernardino is presented as part of NFC`s Healthy Infrastructure services that provide support and guidance for building a healthy city network. These data sets and resources have now been made available to invited partners who are now moving forward with city-wide campaigns and programs. The following pages represent an executive summary of NFC`s urban design and planning services that assist active campaign partners in strategic planning efforts to build towards health impact in their community. In addition, this work assists your community in pre-qualifying for NFC Grant Funding. We look forward to working with you further to develop this strategic plan and partnership. Thank you, NFC Team ® 16.c Packet Pg. 401 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 321Iconic Sites Accessibility Connectivity To support the campaigns’ initiative of world class free ﬁtness for all, the Fitness Court should be placed in a publicly accessible area. The Fitness Court is designed as a piece of healthy infrastructure that pairs with city parks, trails and pedestrian infrastructure. Visibility plays a key role in bringing power and excitement to the Fitness Court. QUALIFY YOUR SITE FOR FUNDINGSITE SELECTIONS SAN BERNARDINO, CA 16.c Packet Pg. 402 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward SAN BERNARDINO, CA 215,941 NATIONAL FITNESS CAMPAIGN’SPEDESTRIAN ACTIVITY MAPPING 2021 AGGREGATED ANONYMOUS DATA SET High activity level Low activity level LEGEND 16.c Packet Pg. 403 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward PHYSICAL & SOCIAL DATACITY WIDE INVENTORY ACTIVITY NETWORK Running, Biking, Walking POPULATION DENSITY People per sq. Mile EQUITY MAP Median Household Income LEGEND High Activity Level Low Activity Level LEGEND $20,000 $40,000 $60,000 $80,000 $120,000 $140,000 LEGEND 5,000 + 10,000+ 15,000+ 20,000+ 25,000+ SAN BERNARDINO, CA 16.c Packet Pg. 404 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward RECOMMENDED SITE OPPORTUNITIESFEASIBILITY ANALYSIS FITNESS COURT SITE OPPORTUNITIES Blair Park (Pilot Site) Tom Minor ParkLittleﬁeld ShultisLionel E. Hudson ParkSpeicher Memorial ParkWest Colony ParkHarrison Canyon ParkAnne Shirrells ParkLytle Creek ParkNewberry Memorial ParkPerris Hill ParkSeccombe Lake Park Tom Minor Park Littleﬁeld Shultis Lionel E. Hudson Park Newberry Memorial Park Harris Canyon Park Speicher Memorial Park Perris Hill Park Seccombe Lake Park Lytle Creek Park West Colony Park Anne Shirrells Park Blair Park SAN BERNARDINO, CA 16.c Packet Pg. 405 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward LEVEL OF SERVICE ANALYSISCOUNCIL DISTRIBUTION WALKABILITY Walking Radius10 Minute = .5 mile20 Minute = 1 mile FITNESS COURT SITE OPPORTUNITIES WARD 1Seccombe Lake Park WARD 2Perris Hill Park WARD 3West Colony ParkLytle Creek Park WARD 4Newberry Memorial Park WARD 5Blair ParkTom Minor ParkLittleﬁeld ShultisLionel E. Hudson Park WARD 6Anne Shirrells Park WARD 7Speicher Memorial ParkHarrison Canyon Park 10 MIN WALK20 MIN WALK1 2 3 4 5 6 7 Tom Minor Park Littleﬁeld Shultis Lionel E. Hudson Park Newberry Memorial Park Harris Canyon Park Speicher Memorial Park Perris Hill Park Seccombe Lake Park Lytle Creek Park West Colony Park Anne Shirrells Park Blair Park SAN BERNARDINO, CA 16.c Packet Pg. 406 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward MOVEMENT & ACTIVITY IN THE CITYDETAILED ACTIVITY ANALYSIS BLAIR PARK : PILOT STUDY SAN BERNARDINO, CA 16.c Packet Pg. 407 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward San Francisco, USA | Nationalﬁtnesscampaign.com | info@nfchq.com | 415.702.4919 National Fitness CampaignSan Bernardino, CA2021 16.c Packet Pg. 408 Attachment: Attachment 3-San Bernardino CA_Site Analysis_revised (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 2021 ARTS & CULTURE SERIES BUDGET OVERVIEW This document is intended to provide an estimated total budget for developing and implementing the Fitness Court® program. This document gives a range of funding requirements needed for the Fitness Court®, Campaign and Installation. PROGRAM COST SITE WORK & INSTALLATION NFC PROGRAM FUNDING ESTIMATED INSTALL FUNDING REQUIRED: NFC 2021 CAMPAIGN TOTAL FUNDING REQUIRED: OVERALL TOTAL FUNDING NEEDED: • The Fitness Court® • 2021 Campaign: Healthy Infrastructure & Campaign Services • Concrete Slab • Fitness Court Assembly • Graphics Installation • The Fitness Court® Installation Kit FREIGHT & PACKAGING NFC HEALTHY CITY GRANT AWARD NFC ARTIST GRANT AWARD - Fitness Court Mobile App - Fitness Season 2021 Access - Promotions & Marketing Kits - Ambassador Training - Launch Day Kit - Site prep and excavation - 38’ x 38’ concrete slab (specs provided by NFC) - Labor costs for concrete slab - 32’ x 32’ sport tile installation (tile provided by NFC) - Assembly of bodyweight training wall - Assembly of Fitness Court elements - Floor markings paint installation - Labor costs for Fitness Court Assembly - Labor Cost for Sign Wall graphics & decal installation Highlights Include: $173,000 $175,000 $0 - $60,700 $150,000 $150,000 - $210,700 $2,000 $0 $0 $0 $19,500 $1,200 (-$20,000) (-$5,000) Continental United States Only +Tax In-House External Team (NFC Prefered Install Team EIS Available)NFC CAMPAIGNINSTALLATION $20,000- $40,000 LOVELAND FITNESS COURT SUPPORTING HEALTHY INFRASTRUCTURE IN THE 21ST CENTURY 16.d Packet Pg. 409 Attachment: Attachment 4- NFC Budget Overview (8777 : Grant Application and Award for a Fitness Court at Blair Park (Ward 5)) 16.e Packet Pg. 410 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at 16.e Packet Pg. 411 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at 16.e Packet Pg. 412 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at 16.e Packet Pg. 413 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at 16.e Packet Pg. 414 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at 16.e Packet Pg. 415 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at 16.e Packet Pg. 416 Attachment: Attachment 5-San Manuel Sponsorship Submission and Award Letter (8777 : Grant Application and Award for a Fitness Court at Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Lydie Gutfeld, Director Parks, Recreation and Community Service Subject: Land Water Conservation Fund Grant Application Approval (Ward 1) Recommendation Adopt Resolution No. 2022-34 of the Mayor and City Council of San Bernardino, California approving the submittal of an application for the Land and Water Conservation Fund (LWCF) competitive program to the State of California. Background The California Department of Parks and Recreation Office of Grants and Local Services is currently accepting applications for the Land and Water Conservation Fund competitive program. City staff is currently working to build upon and strengthen the previously submitted, unsuccessful, application for the Design and Construction of renovation and improvements to Seccombe Lake Park in Round Three of the grant program. The State requires that an applicant include a resolution of support in the grant application. The grant program conditions include the requirement for the Mayor and City Council to adopt a resolution prior to application with certain conditions including: 1. The City certifies that it has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide. 2. The Mayor and City Council delegate the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. 3. The City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 4. The City will consider promoting diversity and inclusion at the park per Public Resources Code §80001(b)(8 A-G). 17 Packet Pg. 417 8789 Page 2 Staff has reviewed the requirements and has determined that the City is able t o comply with all grant conditions. The grant application deadline is February 1, 2022. Department staff have been granted an extension to February 17, 2022, in which to provide an updated approved resolution for this application. Discussion The LWCF is a competitive grant program with up to $45 million in funding to be distributed through a single round of awards. LWCF will create new recreation opportunities in critically underserved communities throughout California by awarding grant funding of a maximum of $6,000,000 to eligible applicants submitting the most competitive applications. The LWCF maximum grant request cannot exceed 50% of the Total Project cost. To be considered for funding, a comprehensive grant application will need to be submitted by February 1, 2022. The LWCF funds are intended to increase outdoor recreation opportunities for the health and wellness of Californians. The demolition of the three restroom areas along with lighting on the walkways, green spaces, and parking lots within Seccombe Lake Park are considered to be a Major Support Amenity within the recreation feature spectrum. With these support amenities developed, patrons and park users will be able to enjoy all recreational activities, features, and city-wide events while feeling safer and healthier. The LWCF grant involves a complex application process and project selection criteria; Point Value Project Selection Criteria Title 20 1. Unmet Need 10 2. Type of PROJECT 15 3. New Acreage placed under 6(f)(3) protection 15 4. Park Deficient or Economically Disadvantaged Area 15 5. Population Served 10 6. Public Input 15 7. PROJECT Readiness Total Points: 100* *All applications start with zero points and can gain up to 100 points. Rather t han starting with 100 points and losing points, applications start with 0 points and gain points through the Project Selection Criteria. The scope of the proposed project will include the following: • Repair/Replacement of all electrical and lighting systems • Complete renovation of 3 restroom buildings The maximum grant award amount of $2.9 million will be requested for project design and construction. If awarded, the LWCF grant would allow the City to address the deficiencies while preserving City resources to be allocated to alternate projects. 2021-2025 Key Strategic Targets and Objectives 17 Packet Pg. 418 8789 Page 3 This request aligns with Key Target 1: Financial Stability - Create a framework for spending decisions, Key Target 2: Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan and Key Target 3: Improved Quality of Life - Constantly evaluate public safety service delivery models to enhance the quality of service. If approved, the grant application will leverage State fundi ng to support the implementation of major improvements at the City’s Seccombe Lake Park that have been identified through engagement with the community and reflect the needs of the park users. Fiscal Impact American Rescue Plan Act (ARPA) Funds would be u sed to cover the remaining 50% balance of the bathroom and lighting proposal. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-34 approving the submittal of an application for the Land and Water Conservation Fund to the State of California. Attachments Attachment 1 Resolution No. 2022-34 Attachment 2 LWCF Application Form for Local Agency Ward: 1 Synopsis of Previous Council Actions: July 17, 2019 Mayor and City Council adopted Resolution No. 2019-164 approving the application for Statewide Park Development and Community Revitalization Program Grant Funds for renovation of Seccombe Lake Park. June 5, 2019 Mayor and City Council approved the recommendation of submittal of a grant application to the California Department of Parks and Recreation Office of Grants and Local Services for the renovation and improvements of Seccombe Lake Park. May 15, 2019 Mayor and City Council adopted Resolution No. 2019-78, approving an agreement with Blais and Associates, Inc., Evan Brooks Associates, Inc., and KOA Corporation for as needed grant writing services. 17 Packet Pg. 419 Resolution No. 2022- Resolution 2022- Page 1 of 3 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION FOR THE LAND AND WATER CONSERVATION FUND (LWCF) COMPETITIVE PROGRAM TO THE STATE OF CALIFORNIA FOR THE SECCOMBE LAKE PARK RENOVATION PROJECT WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, the Applicant certifies by resolution the approval of the Application and the availability of eligible Matching funds prior to submission of the Application to the State; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby approves the filing of an Application for Land and Water Conservation Fund assistance for the proposed; Seccombe Lake Park Renovation. SECTION 3. The Mayor and City Council hereby agrees to abide by Section 6(f)(3) of Public Law 88-578 which states “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.” 17.a Packet Pg. 420 Attachment: Attachment 1 - Resolution No. 2022-34 Land Water Conservation Fund Grant Application Approval [Revision 2] (8789 : Land Water Resolution No. 2022- Resolution 2022- Page 2 of 3 SECTION 4. The Mayor and City Council hereby certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and SECTION 5. The Mayor and City Council hereby appoints the Lydie Gutfeld, Director of Parks, Recreation and Community Services Department, as agent of the Applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, Applications, Contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project. SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 421 Attachment: Attachment 1 - Resolution No. 2022-34 Land Water Conservation Fund Grant Application Approval [Revision 2] (8789 : Land Water Resolution No. 2022- Resolution 2022- Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 17.a Packet Pg. 422 Attachment: Attachment 1 - Resolution No. 2022-34 Land Water Conservation Fund Grant Application Approval [Revision 2] (8789 : Land Water 17.b Packet Pg. 423 Attachment: Attachment 2 - LWCF Application Form for Local Agency (8789 : Land Water Conservation Fund Grant Application Approval Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Wards) Recommendation Adopt Resolution No. 2022-35 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue purchas e orders to Fairview Ford in an amount not to exceed $1,300,000 and to West Coast Lights & Sirens in an amount not to exceed $180,000, and to authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardino and West Coast Lights & Sirens in an amount not to exceed $550,000. Background The Police Department seeks to replace 25% of its patrol fleet annually to reduce maintenance and fuel costs, maintain an inventory of safe and dependable police service vehicles, and replace damaged vehicles. The Fiscal Year 2020/21 budget did not appropriate funding for police vehicle replacement, and no general fund money was used for police vehicle purchases that fiscal year. Although five patrol vehicles were purchased in 2020 with funding supplied by the Bureau of Justice Assistance (BJA) Fiscal Year 2020 Coronavirus Emergency Supplemental Funding Program Grant, the Police Department remains behind schedule in its normal vehicle replacement process. The Fiscal Year 2021/22 Adopted Budge t for the Police Department includes approximately $1.8 million in funding to purchase and equip replacement police vehicles. The Police Department seeks to utilize these funds by purchasing 30 replacement patrol vehicles and three new parking enforcement vehicles. Discussion The Police Department provides public safety services to the community 24 hours a day, seven days a week. As a result, police vehicles suffer a great amount of wear and tear including mileage and run time. Vehicles with high mileage and run time are less dependable, less fuel efficient, and cost more to maintain. Moreover, police vehicles involved in collisions occasionally need to be replaced. As such, the Police Department has implemented a fleet replacement protocol in which approximately 25% of the patrol fleet is updated on an annual basis. 18 Packet Pg. 424 8807 Page 2 The Department seeks to purchase 30 Ford Explorer Interceptor patrol cars. This quantity represents two years (FY 2020/21 and FY 2021/22) of replacement vehicles. Additionally, due to the nationwide shortage and the increasing cost of new vehicles, as well as an expected 30-week delivery time on police service vehicles, the Police Department seeks to place a large order of vehicles now in an effort to ensure current and future equipment needs are met. In addition to replacement police patrol vehicles, the Department seeks to purchase three new parking enforcement vehicles. The Mayor and City Council approved the addition of three new Parking Enforcement Officer positions in the Fiscal Year 20 21/22 budget. The three additional vehicles for parking enforcement are necessary to properly equip newly hired employees with appropriate work vehicles. Consistent with past practice, the Police Department is requesting to ‘piggyback’ on the San Bernardino County Sheriff’s Department’s bid process for public safety vehicles. The Sheriff’s Department solicited bids on the open market in April 2021 for the purchase of Ford Explorer Interceptor patrol vehicles (Bid No. 4199) and Ford Maverick service vehicles (Bid No. 4292). Although 92 vendors were invited and the bid was open to the public, Fairview Ford was the only responsive bidder and was awarded the contract with the County. The San Bernardino Municipal Code provides that the City may purchase from a vendor in which another California government agency’s bidding procedure has established a price that a vendor is willing to sell to the City. This process was last implemented on January 19, 2022 when the Mayor and City Council approved the use of the Sheriff’s Department bid for the purchase of two patrol vehicles under a San Manuel Grant (Resolution No. 2021-305). Fairview Ford is willing to sell vehicles to the City using the San Bernardino County Sheriff’s Department’s bid pricing. Given that the C ounty ordered more than 25 vehicles, the County was awarded discounted pricing through Ford. Utilizing the County’s bid pricing will save the City approximately $30,000 for the purchase of 33 vehicles. The following table reflects the total cost for the purchase of 30 replacement police patrol vehicles and three new parking enforcement vehicles: Vendor Vehicle Type Cost Quantity Total Fairview Ford Police Explorer Interceptor $39,537.20 30 $1,186,116.00 Fairview Ford Ford Maverick $26,105.49 3 $78,316.47 Fairview Ford $1,264,432.47 Note: The cost for the Police Explorer Interceptor is slightly less than the amount reflected on the County quote due to variations in equipment and different paint options; the base make and model are the same. In addition to the purchase of vehicles, each service vehicle must be appropriately outfitted with service and emergency equipment, which must be installed by a qualified vendor. On October 6, 2021, the City issued RFQ F -22-18 requesting bids for the purchase and installation of service and emergency equipment. Two vendors responded to the RFQ and West Coast Lights & Sirens was found to be the best option 18 Packet Pg. 425 8807 Page 3 bidder based on lowest cost and history of quality customer service provided to the City. Given the importance of purchasing sufficient vehicles to cover two years of replacement needs as well as the significant delay in delivery of new vehicles, the majority of the Department’s fleet budget for Fiscal Year 2021/22 is being allocated to the acquisition of vehicles. As shown in the table below, sufficient funding is being allocated to completely outfit 10 of the 30 purchased patrol vehicles and all three of the parking enforcement vehicles in case delivery times are less than expected. The Police Department will use anticipated Fiscal Year 2022/23 budgeted funds of approximately $306,240 to outfit the remaining 20 patrol vehicles when they arrive that fiscal year. Therefore, the Vendor Services Agreement for West Coast Lights and Sirens is requested in an amount not to exceed $550,000 to cover vehicle build expenses across two fiscal years. Vendor Vehicle Type Build Cost Quantity Total West Coast Police Explorer Interceptor $15,311.59 10 $153,115.90 West Coast Ford Maverick $6,008.87 3 $18,026.61 West Coast $171,142.51 For the foregoing reasons, staff requests the issuance of purchase orders to Fairview Ford in an amount not to exceed $1,300,000 and to West Coast Lights & Sirens in an amount not to exceed $180,000. Staff also requests a Vendor Services Ag reement between the City and West Coast Lights & Sirens not to exceed $550,000. All amounts requested include a contingency to cover any unforeseen expenses. 2021-2025 Key Strategic Targets and Goals The purchase of police vehicles aligns with Key Target No. 1: Financial Stability; Create an asset management plan. Fiscal Impact FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost COST $1,480,000 $306,240 $1,786,240 $0 GENERAL FUND SHARE $1,480,000 $306,240 $1,786,240 $0 SOURCE OF FUNDS: 001-210-001-5701 Budget Adjustment: No For Fiscal Year: 2021/2022 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-35, authorizing the Director of Finance to issue purchase orders to Fairview Ford in an amount not to exceed $1,300,000 and to West Coast Lights & Sirens in an amount not to exceed $180,000, and to authorize the City Manager to execute a Vendor Services Agreement between the City of San Bernardi no and West Coast Lights & Sirens in an amount not to exceed $550,000. Attachments 18 Packet Pg. 426 8807 Page 4 Attachment 1 Resolution No. 2022-35 Attachment 2 Vendor Services Agreement Attachment 3 Vendor Services Agreement; Exhibit A Attachment 4 SBSD Vehicle Bids and Purchase Orders Attachment 5 Fairview Ford Vehicle Purchase Quotes Attachment 6 RFQ F-22-18 - Purchase and Installation of Emergency Equipment Ward: All Synopsis of Previous Council Actions: January 19, 2022 Mayor and City Council adopted Resolution 2021 -305, authorizing the issuance of a Purchase Order to Fairview Ford Sales in the amount of $83,100 and a Purchase Order to West Coast Lights and Sirens in the amount of $33,100. November 4, 2020 Mayor and City Council adopted Resolution 2020 -270, authorizing the issuance of a Purchase Order to West Coast Lights and Sirens in an amount not to exceed $94,000. August 19, 2020 Mayor and City Council adopted Resolution 2020 -202, authorizing the issuance of a Purchase Order to Fairview Ford Sales in an amount not to exceed $210,000. September 19, 2018 Mayor and City Council adopted Resolution 2018 -270, authorizing the issuance of a Purchase Order to Fairview Ford Sales in the amount not to exceed $722,000. August 1, 2018 Mayor and City Council adopted Resolution 2018 -221, authorizing the issuance of a Purchase order to West Coast Lights & Sirens. December 6, 2017 Mayor and City Council adopted Resolution 2017 -235 authorizing the issuance of a Purchase Order to Fairview Ford in the amount of $860,000 for 23 police vehicles. February 21, 2017 Mayor and City Council adopted Resolution 2017 -16 authorizing the issuance of a Purchase Order to Fairview Ford in the amount of $813,540 for 28 police vehicles. October 9, 2014 Mayor and City Council adopted Resolution 2014 -357 authorizing the issuance of a Purchase Order to Fairview Ford in the amount of $117,000 for 4 police vehicles. 18 Packet Pg. 427 Resolution No. 2022-35 Resolution 2022-35 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-35 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE PURCHASE ORDERS TO FAIRVIEW FORD IN AN AMOUNT NOT TO EXCEED $1,300,000 AND TO WEST COAST LIGHTS & SIRENS IN AN AMOUNT NOT TO EXCEED $180,000; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST LIGHTS & SIRENS IN AN AMOUNT NOT TO EXCEED $550,000 WHEREAS, The City of San Bernardino must replace emergency police vehicles to maintain a safe and dependable fleet; and WHEREAS, The County of San Bernardino Sheriff’s Department has selected Fairview Ford for the purchase of new law enforcement vehicles through a competitive bid process; and Fairview Ford has agreed to sell the same type of vehicles to the City of San Bernardino for the same established price; and WHEREAS, The City of San Bernardino identified West Coast Lights & Sirens through a competitive bidding process as the best option bidder to supply and install emergency equipment in police vehicles. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order to Fairview Ford not to exceed $1,300,000. SECTION 3. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order to West Coast Lights & Sirens not to exceed $180,000. SECTION 4. The Mayor and City Council hereby authorize the City Manager to execute a Vendor Services Agreement, attached hereto as Exhibit “A,” between the City of San Bernardino and West Coast Lights & Sirens not to exceed $550,000 per year. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the 18.a Packet Pg. 428 Attachment: Attachment 1 - Resolution 2022-35 Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (8807 : Resolution No. 2022-35 Resolution 2022-35 February 16, 2022 Page 2 of 3 environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 429 Attachment: Attachment 1 - Resolution 2022-35 Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (8807 : Resolution No. 2022-35 Resolution 2022-35 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-35, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 18.a Packet Pg. 430 Attachment: Attachment 1 - Resolution 2022-35 Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (8807 : 1 VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST LIGHTS AND SIRENS This Agreement is made and entered into as of February 16, 2022 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 West Coast Lights and Sirens, Inc., a corporation with its principal place of business at 601 Columbia Ave Ste. A, Riverside CA 92507 (hereinafter referred to as “Consultant”) with its principal place of business at 601 Columbia Ave Ste. A, Riverside CA 92507 (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 vendor services for the following project: Installation of emergency equipment in police vehicles (hereinafter referred to as “the Project”). B. Consultant is duly licensed and has the necessary qualifications to provide such services. C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference. 2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” 3. Vendor Practices. All vendor 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.” 18.b Packet Pg. 431 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 2 b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $550,000 per year. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services w hich have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue through February 16, 2023, unless the Agreement is previously terminated as provided for herein (“Term”). This Agreement may be extended via written notice as provided by Section 29 of this Agreement by the City Manager or his or her designee for a maximum of two additional years. Pricing for the option years shall be negotiated prior to the exercising of any option year. Option Year One, if exercised, shall be effective February 17, 2023 through February 16, 2024. Option Year Two, if exercised, shall be effective February 17, 2024 through February 16, 2025. 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. 18.b Packet Pg. 432 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 3 9. Delays in Performance. a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 10. Compliance with Law. a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement. 11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the industry currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept 18.b Packet Pg. 433 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 4 payment from or employment with any person or entity which will constitute a conf lict of interest with the City. 13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability (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 18.b Packet Pg. 434 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 5 acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (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). 18.b Packet Pg. 435 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 6 (iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability (i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement. (ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions) At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber) At all times during the performance of work under this Agreement, the Designer shall maintain privacy/network security insurance, in a form and with insurance companies acceptable to the City, for: (1) privacy breaches, (2) s ystem breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code. g. Minimum Policy Limits Required 18.b Packet Pg. 436 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 7 (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Automobile Liability $1,000,000 per occurrence for bodily injury and property damage Employer’s Liability $1,000,000 per occurrence Professional Liability $1,000,000 per claim and aggregate (errors and omissions) Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. h. Evidence Required Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. i. Policy Provisions Required (i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement , except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any 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 Con sultant shall deliver 18.b Packet Pg. 437 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 8 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 Autom obile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement. (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Cons ultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. Additional Insurance Provisions (i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities 18.b Packet Pg. 438 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 9 and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. l. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may ap prove different scopes or minimum limits of insurance for particular subcontractors or subconsultants. 17. Indemnification. a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the perfo rmance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code 18.b Packet Pg. 439 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 10 section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consulta nt shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a stat e or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment 18.b Packet Pg. 440 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 11 a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed a nd/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. 22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement. 23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s 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 18.b Packet Pg. 441 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 12 the property of the City. 27. Organization. Consultant shall assign Mitchel Gonzalez as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City. 28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above. 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof: CITY: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: Robert D. Field, City Manager With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney CONSULTANT: Mitchel Gonzalez West Coast Lights and Sirens 601 Columbia Ave. Unit A&B Riverside, CA, 92507 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 18.b Packet Pg. 442 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 13 determination shall not affect the validity or enforceability of the rem aining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void. 35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects. 40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, bro kerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 18.b Packet Pg. 443 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 14 41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement. 42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement. 43. Electronic Signatures. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE] 18.b Packet Pg. 444 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 15 SIGNATURE PAGE FOR VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND WEST COAST LIGHTS AND SIRENS, INC. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT WEST COAST LIGHTS AND SIRENS, INC. Signature Name Title ATTESTED BY: Signature Name Title 18.b Packet Pg. 445 Attachment: Attachment 2 - Vendor Services Agreement (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related West Coast Lights & Sirens City of San Bernardino RFQ F-22-18 10/28/2021 18.c Packet Pg. 446 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Letter of Transmittal October 28, 2021 Mitchel Gonzalez: Sales Manager West Coast Lights & Sirens 601 Columbia Ave. Unit A & B Riverside, CA 92507 951-779-9257 Mitchel@wcls.us Dear Ms. Slouka: West Coast Lights and Sirens fully understands the objectives outlined in the scope of work with a commitment to provide the services in accordance with RFP No. F-22-18. We understand that we are installing equipment in Patrol, Supervisor and CSO Ford PIU vehicles. We are aware of the quality expected and can meet the standards. The bid response to RFQ F-22-18 will remain valid for 120 days from October 28, 2021. Sincerely, Mitchel Gonzalez Sales Manager West Coast Lights & Sirens 18.c Packet Pg. 447 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and STATEMENT OF QUALIFICATIONS West Coast Lights & Sirens has been in business since 2007 and specializes in the installation of emergency vehicle equipment. We work on a wide variety of vehicles for agencies all throughout California, Hawaii & Nevada. We operate in a 32,000 square foot building. The building is equipped with 7 large workstations and about 30 dedicated full-time employees, giving us the ability to work on multiple vehicles at the same time. Our facility is equipped with a custom fabrication area and two full time fabricators, allowing us to create and modify any necessary parts. Our parts department is fully stocked with the proper hardware and electrical components needed to perform your job. All the technicians at West Coast Lights and Sirens are EVT Certified (Emergency Vehicle Technician). As part of our Ford Qualified Vehicle Modifier (QVM) Certification we hold bi- weekly in-house training classes for our employees, this ensures that our employees stay up to date on installation requirements. It also helps the shop become more uniform for every department. Our employees are the main reason we are a Ford QVM. QVM holds us to a certain standard on materials and techniques used when modifying a vehicle. We also go through annual audits by Ford and have to maintain a level of continuous improvement. As part of QVM we weigh all Ford vehicles in our shop to get a final weight when we are completed with our outfit. If the vehicle was to get into an accident after the build you can show that the vehicle was not overweight and the brakes could still handle the load of the vehicle. While working on your vehicles we will take many precautions in making sure that the vehicle is not damaged. When a vehicle is being worked on it stays in its designated station from the start of the job until its finished. This reduces the need to move the vehicle. We also wrap highly occupied parts of the vehicle in a 3M plastic to avoid scratches. Once the vehicles are done and ready to be picked up, we store them in our secured side lot or leave them in the building. West Coast Lights & Sirens holds itself to the highest standard of quality and procedures giving our customer the most reliable vehicles on the road. Key employees working on the job are as followed: -Rexx Revelle- is our most experienced and diverse employee. He has been with us since we opened and is our shop foreman. He will oversee scheduling vehicle work and completion. He will also ultimately be the one assigning the project to a crew based off crew familiarity and workload. He will also have oversight of the project and monitor its progress. Lastly, he will be the one to quality control the vehicle to verify completion. - Jason Radke- is one of the most experienced techs we have. He has worked at WCLS since we opened and has been in the industry for several years before we opened. He has 18.c Packet Pg. 448 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and his basic EVT certification, Managerial 1 & 2 certification and his F1 certification. He is also testing for his F2 & F3 certification. Jason will oversee assigning work and planning/prepping on how all electrical systems will operate. - Arturo Gallegos- is also a very experienced teach who has been with us since we opened. He also has his basic EVT and Managerial certification. He will work with Jason on the planning/prepping all electrical systems. He will also work with other employees in the group on miscellaneous installation. Sincerely, Mitchel Gonzalez Sales Manager West Coast Lights & Sirens 18.c Packet Pg. 449 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and REFERENCES Placentia Police Department Julie Kennicutt – Senior Management Analyst 714-524-3459 Email: JKENNICUTT@PLACENTIA.ORG 2009-Current Wondries Fleet Kevin Buzzard - Feet Coordinator 626-457-5590 O 714-264-1867 C Buzzard5150@gmail.com 2010-Current Redondo Beach Police Department Maria Temprano Property and Evidence Unit Facilities/Fleet Services 401 Diamond Street, Redondo Beach CA 90277 310.379.2477, ext 2009 maria.temprano@redondo.org 2013-Current Sincerely, Mitchel Gonzalez Sales Manager West Coast Lights & Sirens 18.c Packet Pg. 450 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and 18.cPacket Pg. 451Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-22-18 Install Emergency Equipment into new Ford Interceptor Utility Vehicles NOTICE : “SPECIAL INSTRUCTIONS TO THE BIDDER” Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. The City may invalidate any BID that if requirements are not “Acceptable”. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State “As Specified” if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED Install Emergency Equipment into new Ford Interceptor Utility Vehicles. Description ACCEPTABLE / AS SPECIFIED Quote must include cost of each item of equipment unless specified as “customer provided”. All labor, miscellaneous parts to install equipment and shipping costs should be included as part of the quoted price. ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.c Packet Pg. 452 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and PATROL VEHICLE ->>W/ CODE-1/SECURE IDLE -51" RED/BLUE VALOR -SIREN/LIGHT CONTROLLER WITH 17 BUTTON CONTROLLER, 100/200 W, OBDII INTEGRATION CAPABILITY, INTEGRATED RUMBLER® CAPABILITY, AND INTEGRATED DUAL TONE CAPABILITY -OVERHEAD FACEPLATE - 2020 UTILIT -MIC EXTENSION CABLE FOR SSP3000B -ES100 SPEAKER W/O BRACKET (MOUNTED ON BUMPER) -ES100 2 BRACKET KIT FPIU20 NO DRILL -2020 FORD UTILITY BUMPER -150 AMP BREAKER -SEDAN / 2020 UTILITY CIRCUIT BREAKER BRACKET -FUSE BLOCK ST BLADE 6 CIRCUIT - FUSE BLOCK STBLADE 12 CIRC W/GND/CVR -AUTOMATIC TIMER DISCONNECT -202 PI UTILITY DRIVER/PASSENGER SIDE WINDOW GUARDS, WELDED BARS, VERTICAL DESIGN -RECESSED BACK PANEL, SLIDING WINDOW, SQUARE-HOLE BRACKET, LARGE WINDOW FOR FORD UTILITY -2020 FORD UV BIG BOY PARTITION MOUNT (INCLUDED WITH PARTITION) -2020 FORD UV KICK PANELS WITH FOOT POCKETS -2020 PI UTILITY PLASTIC FLOOR PAN W/ V- DRAIN -PLASTIC SEAT W/ OS BELTS, REAR PARTITION POLYCARBONATE WINDOW, WITH FIRE COMPARTMENT -2020 PI UTILITY DRIVER /PASSENGER SIDE SET OF DIAMOND-PUNCHED WINDOW SCREENS -2020 FORD UV REAR HATCH WINDOW SCREEN ; SQUARE-HOLE PUNCH -2020 FORD UV TILT-UP CARGO MOUNT W/GAS SHOCKS -2020 PI UTILITY ELECTRONICS TRAY -DUAL CORNER LED LIGHT HEAD W/IN-LINE FLASHER , RED/BLUE -DUAL CORNER LED LIGHT HEAD W/IN-LINE FLASHER (REVERSE LIGHTS) ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.c Packet Pg. 453 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and -MICROPULSE ULTRA 6, DUAL -COLOR SURFACE MOUNT, 12-24V DC, BLUE/AMBER >>UNDER HATCH LIGHTS<W/ON/OFF SWITCH -MICRO PULSE 620 ULTRA (BLUE/RED) >>MIRROR LIGHTS<< -SPACER KIT FOR THE ULTRA MPS LIGHTS -DUAL GUN RACK -SANTA CRUZ GUN LOCK S-C1 W STANDARD KEY -XL HANDCUFF STYLE GUN LOCK -BUTT PLATE FOR WEAPON -GUN LOCK TIMER ->>2 BUTTONS UNDER DRIVER AND PASSENGER FOR RELEASE -LITLITE, 12" RHEO, END CHAS MAPLIGHT -3/4" HOLE NMO STYLE BRASS MT W/17" RG58U & NO CONNECTOR -FABRICATION-NARROW BOX TO HOLD LOOSE ITEMS -15 AMP 12VOLT DC SOCKET (2 ON BLANK FACEPLATE IN CONSOLE) -FRONT END HARNESS, W/GXL & TXL WIRE -SAMLEX AMERICA-450 WATT AC INVERTER W/ USB PORT, MODIFIED SINE WAVE -FABRICATION-TO MODIFY CONSOLE TO MOUNT INVERTER INSIDE -MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. CUSTOMER SUPPLIED EQUIPMENT -ALSO TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM W/ ANTENNA, DOCKING STATION, AND KEYBOARD W/ MOUNT COMMUNITY SERVICE VEHICLE -70 AMP CIRCUIT BREAKER -UNIVERSAL CIRCUIT BREAKER BRACKET FROM BK CUSTOMS -45" ALLEGIANT, AMBER , TAKEDOWNS, ALLEYS,FRONT FLOOD,CLEAR DOMES, 6- BUTTON CONTROLLER - 2-CHANNEL RELAY -MICROPULSE ULTRA DUAL COLOR, WHITE/AMBER (GRILLE LIGHTS) -FABRICATION OF GRILLE LIGHTS -DUAL CORNER LED HEAD W/IN-LINE FLASHER , AMBER /WHITE (HEADLIGHTS) -SINGLE COLOR LED W/ INLINE FLASHER, AMBER (TAILLIGHTS) ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.c Packet Pg. 454 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and -2020+ FORD INTERCEPTOR UTILITY VEHICLE BASE -13" LOWER POLE ASSEMBLY -7" CENTER UPPER POLE -SHORT ADJUSTABLE SUPPORT BRACE -6" LOCKING SLIDE ARM WITH SHORT CLEVIS -3/4" HOLE NMO STYLE BRASS MT W/17" RG58U & NO CONNECTOR -LAIRD/ ANTENEX 118-970 MHZ 0DB FIELD TUNABLE 1/4 WAVE BLACK MOBILE ANTENNA -FABRICATION OF ELECTRONICS BOARD WITH CARPET -IGNITION DELAY MODULE 30 MIN TO 8HRS - VOLTAGE SENSE (1 HOUR) -BOSCH 75 AMP RELAY -FUSE BLOCK STBLADE DUAL 12 W/ GROUND/COVER -MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. CUSTOMER SUPPLIED EQUIPMENT -ALSO TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM W/ ANTENNA, DOCKING STATION, AND KEYBOARD W/ MOUNT CERTIFICATIONS - Ford Motor Company Qualified Vehicle Modifier(QVM) ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.c Packet Pg. 455 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and PRICE FORM Provide pricing that is a Firm Fixed Fee. Project Overall Cost Summary. In addition to completing the price form, vendors shall supply an itemized quote for each vehicle type to include labor costs. FAILURE TO COMPLETE ALL COST SHEETS WILL INVALIDATE BID 1.Cost for one Patrol Vehicle $____________________ 2. Cost for one Patrol Supervisor Vehicle (W/out cage) $____________________ 3. Cost for one CSO Vehicle $____________________ 4. Any additional costs per vehicle type $____________________ 5. Taxes $____________________ 6. Additional Fees $____________________ 7. Additional Fees $____________________ Grand Total: $ ____________________ Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additional costs: 14,079.62 10,279.61 5,525.40 0.00 2,355.57 0.00 0.00 32,240.20 NO 18.c Packet Pg. 456 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain: Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: Name and Title of Authorized Representative: ________________________________ ________________________________ Signature : ____________________________________________________ Company Name: ________________________________________________ Address: ______________________________________________________ Phone/fax and email: _____________________________________________ YES MITCHEL GONZALEZ SALES MANAGER WEST COAST LIGHTS & SIRENS 601 COLUMBIA AVE. UNIT A&B. RIVERSIDE, CA 92507 P: 951-779-9257 F: 951-779-9256 MITCHEL@WCLS.US 2 15 18.c Packet Pg. 457 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and SUBCONTRACTOR’S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor’s total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF WORK OR TRADE NAME OF FIRM OR CONTRACTOR LOCATION CITY ______________________ ________________________ Print Name Signature of Bidder Company Name: __________________________________________ Address: __________________________________________ REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 18.c Packet Pg. 458 Attachment: Attachment 3 - Vendor Services Agreement; Exhibit A (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and 18.d Packet Pg. 459 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 460 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 461 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment S'Al^'SERN^fRDINO COUNTY Purchasing "f&rd Number: Name: Address: Phone: Email: Su ler 10004768 FAIRVIEW FORD SALES INC PO Box 1390 SAN BERNARDINO,OA 92402 USA 909-884-9261 TEFF@FAIRVIEWFORD.COM PO Number: Smart Number: Status: Contact Person: Phone: Email: Delivery Date: Payment Terms: Retention: Incoterms: Prevailing Wage: Purchase 4100212408 443-22-PO Ordered Kristen Oehlhof PO Date:08/25/2021 KOEHLHOF@SBCSD.ORG 09/06/2021 Net due in 60 days 0.00 Free On Board -DESTINATION No Ship To Address: 9093873637 Ship To /Bill To C/O ATTN:AUTOMOTIVE,PH: Bill To Address: 655 EAST 3RD STREET SAN BERNARDINO,CA 92415-0061 County of San Bernardino Auditor-Controller/Treasurer/Tax Collect C/O -Accounts Payable 268 W.Hospitality Ln,4th Floor San Bernardino,CA 92415-0018 APINVOlCES-ATC@ATC.SBCOUNTY.GOV Item,Cateflorv...Descriotion -.QtV:—Unit .„Price ...Discount Jax.„_ReL ......-Total 1 25101500 2022 FORD UV INTERCEPTOR 60.000 EA 36,766.00 -Q.OO v.:. 0.00 193,021.50 2,205,960.00 USD 2 25101500 CATIRE FEE 60.000 EA 0.00 0.00 0.00 525.00 USD 10^Subtotal:2,206,485.00 USD Total Tax:193,021.50 USD Total Amount;2,399,506.50 USD 0° APPROVED: BY:Patrick Scalzitti,Interim Director of Purchasing 18.d Packet Pg. 462 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment Additional Information: Note 1-Vendor to provide order confirmation to the purchasing agent at phone number/email listed,upon receipt ^ of purchase order. Note2 -The Countylicenses itsownvehicles;vendorto providea "dealer reportofsale" at timeof delivery. Note 3 -Vehicles are to be delivered and billedto the address on the purchase order. 18.d Packet Pg. 463 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment Pref.supplier: Company FAIRVIEW FORD SALES INC PO Box 1390 SAN BERNARDINO CA 92402 USA Goods recipient: Krister)Oehlhof SHRBurofAdmn SHR Bureau of Administration 655 E 3rd Street SAN BERNARDINO CA 92415-0061 Number :1000286764 Name SHR 21 -22 2022 FORD UV INTERCEPTOR Date 08/23/2021 Product number Description Subm.deadline/ext.Supplier product no. bid Delivery date/Order quantity Performance period Price per unit Net value 09/06/2021 09/06/2021 for item 1 Account assignment Percent 100.00 Please deliver to: SBC San Bernardino County ATTN:AUTOMOTIVE 655 EAST 3RD STREET SAN BERNARDINO CA 92415-0061 USA for item 2 Account assignment 2022 FORD UV INTERCEPTOR EA CATIRE FEE EA 36,766.00 USD/1 EA 2,205,960.00 USD 8.75 USD/1 EA Total value: Tax amount: Total value (gross): 525.00 USD 2,206,485.00 USD 193,021.50 USD 2,399,506.50 USD Assigned to G/L account Cost Center 4430131000 54504050 Location Company SAN BERNARDINO COUNTY 268 W.HOSPITALITY LANE Business area 4000 Requester: Kristen Oehlhof SHRBurofAdmn SHR Bureau of Administration SAN BERNARDINO CA 92415-0018 655 E 3rd Street USA SAN BERNARDINO CA 92415-0061 USA 18.d Packet Pg. 464 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment Percent 100.00 Please deliver to: SBC San Bernardino County ATTN:AUTOMOTIVE 655 EAST 3RD STREET SAN BERNARDINO CA 92415-0061 USA Page 212 Number :1000286764 Name SHR 21-22 2022 FORD UV INTERCEPTOR Date 08/23/2021 Assigned to G/L account Cost Center 4430131000 54504050 Location Company SAN BERNARDINO COUNTY 268 W.HOSPITALITY LANE Business area 4000 Requester: Kristen Oetilhof SHRBurofAdmn SHR Bureau of Administration SAN BERNARDINO CA 92415-0018 655 E 3rd Street USA SAN BERNARDINO CA 92415-0061 USA 18.d Packet Pg. 465 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment Oehlhof,Kristen From: Sent; To: Subject: Attachments: Importance: Hello Todd This email confirms the receipt color. Oehlhof,Kristen Tuesday,August 31,2021 3:39 PM Todd Eff' PO#4100212408 2022 Ford UV Interceptor PO#4100212408 FairviewFord UV lnterceptor.pdf High %,/V White exterior color - Black or Dark Gray interior Please acknowledge receipt of this email and notify me within 24 hours if there are any changes that need to be made to this purchase order Delivery address and location to send invoices to: San Bernardino County Sheriff Department Attn:Automotive 655 E.Third St San Bernardino,CA 92415 Ail DMV paperw/ork w\\\be handled by San Bernardino County Fleet and should be delivered with the vehicle.Please list the following on DMV paperwork: San Bernardino County Fleet Attn:Nicole Harris 210 N.Lena San Bernardino,CA 92415 Invoices can be given to Automotive when delivered or emailed directly to koehihofOsbcsd.ore ***D0 NOT SEND INVOICES DIRECT TO ATC*** *««•, Kristen Oehlhof Administrative Supervisor II Bureau of Administration San Bernardino County SherffTs Department Phone:(909)387 3637 |Fax:(909)387 3444 koehlhof@sbcsd.org Our job is to create a county in which those who reside and invest can prosper and achieve well-being. CONFIDENTIAUTY NOTICE:This communicatjon contains legal privileged and confidential information sent solely for the use of tt>e Intended recipient.Ifyou are not the intended recipient of this communication you are not authorized to use itin any manner,except to immediately destroy itand notify the sender 18.d Packet Pg. 466 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 467 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 468 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 469 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 470 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.d Packet Pg. 471 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for 18.d Packet Pg. 472 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for 18.d Packet Pg. 473 Attachment: Attachment 4 - SBSD Bids & POs (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment 18.e Packet Pg. 474 Attachment: Attachment 5 - Fairview Ford Quotes (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 18.e Packet Pg. 475 Attachment: Attachment 5 - Fairview Ford Quotes (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 18.e Packet Pg. 476 Attachment: Attachment 5 - Fairview Ford Quotes (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related 18.e Packet Pg. 477 Attachment: Attachment 5 - Fairview Ford Quotes (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related CITY OF SAN BERNARDINO REQUEST FOR QUOTATION FOR INSTALL EMERGENCY EQUIPMENT INTO NEW FORD INTERCEPTOR UTILITY VEHICLES Released on October 6, 2021 18.f Packet Pg. 478 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All SECTION I. INSTRUCTIONS TO BIDDERS 18.f Packet Pg. 479 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All I. INSTRUCTIONS TO BIDDERS A. Examination of Bid Documents 1. By submitting a bid, the Bidder represents that it has thoroughly examined and become familiar with the items required under this RFQ and that it is capable of quality performance to achieve the City's objectives. 2. The City reserves the right to remove from its mailing list for future RFQs, for an undetermined period of time, the name of any Bidder for failure to accept a contract, failure to respond to two (2) consecutive RFQs and/or unsatisfactory performance. Please note that a “No Bid” is considered a response. B. Addenda The City reserves the right to amend this RFQ prior to the Proposals due date. All amendments and additional information will be posted to Planetbids found under the San Bernardino Purchasing page, www.sbcity.org request for bids; bidders should check this web page daily for new information. C. Mandatory Pre-Bid Jobwalk A Mandatory Pre-Bid Job Walk will be held on October 15, 2021 @ 10:00 at: City of San Bernardino Police Department Lobby 710 N. D St. San Bernardino, CA 92401 This meeting is to serve as a pre-bid review for prospective bidders. Failure to attend this meeting will preclude a Proposer from submitting a proposal. Attendance at the pre-proposal meeting will ensure the Proposer understands the full scope of the Services requested. D. Submitting Requests All questions, clarifications or comments must be submitted via the Planetbids.com website no later than 3:00 p.m (P.S.T) on October 19, 2021. E. City Responses Responses from the City will be posted to the Planetbids website, by October 20, 2021. 18.f Packet Pg. 480 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All F. Submission of Proposals Complete written Proposals must be submitted electronically in PDF file format via the Planetbids.com website no later than 3:00 p.m. (P.S.T) on October 28, 2021. Please allow time for system to process your bid. Proposals will not be accepted after this deadline. Faxed or e-mailed Proposals will not be accepted. Acceptance of Bids a. The City reserves the right to accept or reject any and all bids, or any item or part thereof, or to waive any informalities or irregularities in bids. b. The City reserves the right to withdraw this RFQ at any time without prior notice and the City makes no representations that any contract will be awarded to any Bidder responding to this RFQ. c. The City reserves the right to postpone the bid due date for its own convenience. G. Pre-Contractual Expenses Pre-contractual expenses are defined as expenses incurred by the Bidder in: 1. preparing its bid in response to this RFQ; 2. submitting that bid to City; 3. negotiating with City any matter related to this bid; or 4. any other expenses incurred by the Bidder prior to date of award, if any of the Agreement. The City shall not, in any event, be liable for any pre-contractual expenses incurred by Bidder in the preparation of its bid. Bidder shall not include any such expenses as part of its bid. H. Contract Award Issuance of this RFQ and receipt of bids does not commit the City to award a Purchase Order. The City reserves the right to postpone bid opening for its own convenience, to accept or reject any or all bids received in response to this RFQ, and to negotiate with other than the selected Bidder(s) should negotiations with the selected Bidder(s) be terminated. The City also reserves the right to apportion the award among two or more Bidders. 18.f Packet Pg. 481 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All I. Acceptance of Order The successful Bidder will be required to accept a Purchase Order in accordance with and including as a part thereof the published Notice Inviting Bids, and the RFQ documents including all requirements, conditions and specifications contained therein, with no exceptions other than those specifically listed in the written purchase order. J. Business License The City’s Business Ordinance requires that a Business doing business with the City, obtain and maintain a valid City Business Registration Certificate during the terms of the Agreement. Bidder agrees to obtain such Certificate prior to undertaking any work under this Agreement. 18.f Packet Pg. 482 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All SECTION II. TECHNICAL SPECIFICATIONS 18.f Packet Pg. 483 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-22-18 Install Emergency Equipment into new Ford Interceptor Utility Vehicles NOTICE : “SPECIAL INSTRUCTIONS TO THE BIDDER” Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. The City may invalidate any BID that if requirements are not “Acceptable”. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State “As Specified” if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED Install Emergency Equipment into new Ford Interceptor Utility Vehicles. Description ACCEPTABLE / AS SPECIFIED Quote must include cost of each item of equipment unless specified as “customer provided”. All labor, miscellaneous parts to install equipment and shipping costs should be included as part of the quoted price. 18.f Packet Pg. 484 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All PATROL VEHICLE - >>W/ CODE-1/SECURE IDLE - 51" RED/BLUE VALOR - SIREN/LIGHT CONTROLLER WITH 17 BUTTON CONTROLLER, 100/200 W, OBDII INTEGRATION CAPABILITY, INTEGRATED RUMBLER® CAPABILITY, AND INTEGRATED DUAL TONE CAPABILITY - OVERHEAD FACEPLATE - 2020 UTILIT - MIC EXTENSION CABLE FOR SSP3000B - ES100 SPEAKER W/O BRACKET (MOUNTED ON BUMPER) - ES100 2 BRACKET KIT FPIU20 NO DRILL - 2020 FORD UTILITY BUMPER - 150 AMP BREAKER - SEDAN / 2020 UTILITY CIRCUIT BREAKER BRACKET - FUSE BLOCK ST BLADE 6 CIRCUIT - FUSE BLOCK STBLADE 12 CIRC W/GND/CVR - AUTOMATIC TIMER DISCONNECT - 202 PI UTILITY DRIVER/PASSENGER SIDE WINDOW GUARDS, WELDED BARS, VERTICAL DESIGN - RECESSED BACK PANEL, SLIDING WINDOW, SQUARE-HOLE BRACKET, LARGE WINDOW FOR FORD UTILITY - 2020 FORD UV BIG BOY PARTITION MOUNT (INCLUDED WITH PARTITION) - 2020 FORD UV KICK PANELS WITH FOOT POCKETS - 2020 PI UTILITY PLASTIC FLOOR PAN W/ V- DRAIN - PLASTIC SEAT W/ OS BELTS, REAR PARTITION POLYCARBONATE WINDOW, WITH FIRE COMPARTMENT - 2020 PI UTILITY DRIVER /PASSENGER SIDE SET OF DIAMOND-PUNCHED WINDOW SCREENS - 2020 FORD UV REAR HATCH WINDOW SCREEN ; SQUARE-HOLE PUNCH - 2020 FORD UV TILT-UP CARGO MOUNT W/GAS SHOCKS - 2020 PI UTILITY ELECTRONICS TRAY - DUAL CORNER LED LIGHT HEAD W/IN-LINE FLASHER , RED/BLUE - DUAL CORNER LED LIGHT HEAD W/IN-LINE FLASHER (REVERSE LIGHTS) 18.f Packet Pg. 485 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All - MICROPULSE ULTRA 6, DUAL -COLOR SURFACE MOUNT, 12-24V DC, BLUE/AMBER >>UNDER HATCH LIGHTS<W/ON/OFF SWITCH - MICRO PULSE 620 ULTRA (BLUE/RED) >>MIRROR LIGHTS<< - SPACER KIT FOR THE ULTRA MPS LIGHTS - DUAL GUN RACK - SANTA CRUZ GUN LOCK S-C1 W STANDARD KEY - XL HANDCUFF STYLE GUN LOCK - BUTT PLATE FOR WEAPON - GUN LOCK TIMER - >>2 BUTTONS UNDER DRIVER AND PASSENGER FOR RELEASE - LITLITE, 12" RHEO, END CHAS MAPLIGHT - 3/4" HOLE NMO STYLE BRASS MT W/17" RG58U & NO CONNECTOR - FABRICATION-NARROW BOX TO HOLD LOOSE ITEMS - 15 AMP 12VOLT DC SOCKET (2 ON BLANK FACEPLATE IN CONSOLE) - FRONT END HARNESS, W/GXL & TXL WIRE - SAMLEX AMERICA-450 WATT AC INVERTER W/ USB PORT, MODIFIED SINE WAVE - FABRICATION-TO MODIFY CONSOLE TO MOUNT INVERTER INSIDE - MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. CUSTOMER SUPPLIED EQUIPMENT - ALSO TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM W/ ANTENNA, DOCKING STATION, AND KEYBOARD W/ MOUNT COMMUNITY SERVICE VEHICLE - 70 AMP CIRCUIT BREAKER - UNIVERSAL CIRCUIT BREAKER BRACKET FROM BK CUSTOMS - 45" ALLEGIANT, AMBER , TAKEDOWNS, ALLEYS,FRONT FLOOD,CLEAR DOMES, 6- BUTTON CONTROLLER - 2-CHANNEL RELAY - MICROPULSE ULTRA DUAL COLOR, WHITE/AMBER (GRILLE LIGHTS) - FABRICATION OF GRILLE LIGHTS - DUAL CORNER LED HEAD W/IN-LINE FLASHER , AMBER /WHITE (HEADLIGHTS) - SINGLE COLOR LED W/ INLINE FLASHER, AMBER (TAILLIGHTS) 18.f Packet Pg. 486 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All - 2020+ FORD INTERCEPTOR UTILITY VEHICLE BASE - 13" LOWER POLE ASSEMBLY - 7" CENTER UPPER POLE - SHORT ADJUSTABLE SUPPORT BRACE - 6" LOCKING SLIDE ARM WITH SHORT CLEVIS - 3/4" HOLE NMO STYLE BRASS MT W/17" RG58U & NO CONNECTOR - LAIRD/ ANTENEX 118-970 MHZ 0DB FIELD TUNABLE 1/4 WAVE BLACK MOBILE ANTENNA - FABRICATION OF ELECTRONICS BOARD WITH CARPET - IGNITION DELAY MODULE 30 MIN TO 8HRS - VOLTAGE SENSE (1 HOUR) - BOSCH 75 AMP RELAY - FUSE BLOCK STBLADE DUAL 12 W/ GROUND/COVER - MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. CUSTOMER SUPPLIED EQUIPMENT - ALSO TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM W/ ANTENNA, DOCKING STATION, AND KEYBOARD W/ MOUNT CERTIFICATIONS - Ford Motor Company Qualified Vehicle Modifier(QVM) 18.f Packet Pg. 487 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All SECTION III. BID CONTENT & PRICE FORM 18.f Packet Pg. 488 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All A. BID FORMAT AND CONTENT 1. Presentation Bids should not include any unnecessarily elaborate or promotional material. Information should be presented in the order in which it is requested. Lengthy narrative is discouraged, and presentations should be brief and concise. Bids shall contain the following: a. identification of Bidder, including name, address and telephone; b. proposed working relationship between Bidder and subcontractors, if applicable; c. acknowledgment of receipt of all RFQ addenda, if any; d. name, title, address and telephone number of contact person during period of bid evaluation; e. a statement to the effect that the bid shall remain valid for a period of not less than 120 days from the date of submittal. 2. Exceptions/Deviations State any exceptions to or deviations from the requirements of this RFQ, stating “technical” exceptions on the Technical Specifications form, and “contractual” exceptions on a separate sheet of paper. Where Bidder wishes to propose alternative approaches to meeting the City’s technical or contractual requirements, these should be thoroughly explained. 3. Qualifications, Related Experience and References of Bidder The information requested in this section should describe the qualifications of the firm, key staff and sub-contractors performing projects within the past five years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: a. Names of key staff that participated on named projects and their specific responsibilities with respect to this scope of work. b. A summary of your firm’s demonstrated capability, including length of time that your firm has provided the services being requested in this Request for Proposal. 18.f Packet Pg. 489 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All c. Provide at least three local references that received similar services from your firm. The City of San Bernardino reserves the right to contact any of the organizations or individuals listed. Information provided shall include: ♦ Client Name ♦ Project Description ♦ Project start and end dates ♦ Client project manager name, telephone number, and e-mail address This section of the bid should establish the ability of Bidder to satisfactorily perform the required work by reasons of experience in performing work of a similar nature; demonstrated competence in the services to be provided; strength and stability of the firm; staffing capability; work load; record of meeting schedules on similar projects; and supportive client reference. Bidder shall: A. Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; number of employees; B. Describe the firm's experience in performing work of a similar nature to that solicited in this RFQ: 4. Appendices Information considered by Bidder to be pertinent to this RFQ and which has not been specifically solicited in any of the aforementioned sections may be placed in a separate appendix section. Bidders are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous materials; appendices should be relevant and brief. B. LICENSING AND CERTIFICATION REQUIREMENTS By submitting a bid, Bidder warrants that any and all licenses and/or certifications required by law, statute, code or ordinance in performing under the scope and specifications of this RFQ are currently held by bidder, and are valid and in full force and effect. Copies or legitimate proof of such licensure and/or certification shall be included in bidder's response. Bids lacking copies and/or proof of said licenses and/or certifications may be deemed non-responsive and may be rejected. 18.f Packet Pg. 490 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All C. COST AND PRICE FORMS Bidder shall complete the Line Cost/Price Form in its entirety including: 1) all items listed and total price; 2) all additional costs associated with performance of specifications; and 3) Bidder’s identification information including a binding signature. Same prices shall be entered into the Planetbids website. Bidder shall state cash discounts offered. Unless discount payment terms are offered, payment terms shall be “Net 30 Days”. Payment due dates, including discount period, will be computed from date of City acceptance of the required services or of a correct and complete invoice, whichever is later, to the date City’s check is mailed. Any discounts taken will be taken on full amount of invoice, unless other charges are itemized and discount thereon is disallowed. Freight terms shall be F.O.B. Destination, Full Freight Allowed, unless otherwise specified on price form. 18.f Packet Pg. 491 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All PRICE FORM Provide pricing that is a Firm Fixed Fee. Project Overall Cost Summary. In addition to completing the price form, vendors shall supply an itemized quote for each vehicle type to include labor costs. FAILURE TO COMPLETE ALL COST SHEETS WILL INVALIDATE BID 1. Cost for one Patrol Vehicle $____________________ 2. Cost for one Patrol Supervisor Vehicle (W/out cage) $____________________ 3. Cost for one CSO Vehicle $____________________ 4. Any additional costs per vehicle type $____________________ 5. Taxes $____________________ 6. Additional Fees $____________________ 7. Additional Fees $____________________ Grand Total: $ ____________________ Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additional costs: 18.f Packet Pg. 492 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain: Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: Name and Title of Authorized Representative: ________________________________ ________________________________ Signature : ____________________________________________________ Company Name: ________________________________________________ Address: ______________________________________________________ Phone/fax and email: _____________________________________________ 18.f Packet Pg. 493 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All SUBCONTRACTOR’S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor’s total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF WORK OR TRADE NAME OF FIRM OR CONTRACTOR LOCATION CITY ______________________ ________________________ Print Name Signature of Bidder Company Name: __________________________________________ Address: __________________________________________ REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 18.f Packet Pg. 494 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All West Coast Lights & Sirens City of San Bernardino RFQ F-22-18 10/28/2021 18.f Packet Pg. 495 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Letter of Transmittal October 28, 2021 Mitchel Gonzalez: Sales Manager West Coast Lights & Sirens 601 Columbia Ave. Unit A & B Riverside, CA 92507 951-779-9257 Mitchel@wcls.us Dear Ms. Slouka: West Coast Lights and Sirens fully understands the objectives outlined in the scope of work with a commitment to provide the services in accordance with RFP No. F-22-18. We understand that we are installing equipment in Patrol, Supervisor and CSO Ford PIU vehicles. We are aware of the quality expected and can meet the standards. The bid response to RFQ F-22-18 will remain valid for 120 days from October 28, 2021. Sincerely, Mitchel Gonzalez Sales Manager West Coast Lights & Sirens 18.f Packet Pg. 496 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All STATEMENT OF QUALIFICATIONS West Coast Lights & Sirens has been in business since 2007 and specializes in the installation of emergency vehicle equipment. We work on a wide variety of vehicles for agencies all throughout California, Hawaii & Nevada. We operate in a 32,000 square foot building. The building is equipped with 7 large workstations and about 30 dedicated full-time employees, giving us the ability to work on multiple vehicles at the same time. Our facility is equipped with a custom fabrication area and two full time fabricators, allowing us to create and modify any necessary parts. Our parts department is fully stocked with the proper hardware and electrical components needed to perform your job. All the technicians at West Coast Lights and Sirens are EVT Certified (Emergency Vehicle Technician). As part of our Ford Qualified Vehicle Modifier (QVM) Certification we hold bi- weekly in-house training classes for our employees, this ensures that our employees stay up to date on installation requirements. It also helps the shop become more uniform for every department. Our employees are the main reason we are a Ford QVM. QVM holds us to a certain standard on materials and techniques used when modifying a vehicle. We also go through annual audits by Ford and have to maintain a level of continuous improvement. As part of QVM we weigh all Ford vehicles in our shop to get a final weight when we are completed with our outfit. If the vehicle was to get into an accident after the build you can show that the vehicle was not overweight and the brakes could still handle the load of the vehicle. While working on your vehicles we will take many precautions in making sure that the vehicle is not damaged. When a vehicle is being worked on it stays in its designated station from the start of the job until its finished. This reduces the need to move the vehicle. We also wrap highly occupied parts of the vehicle in a 3M plastic to avoid scratches. Once the vehicles are done and ready to be picked up, we store them in our secured side lot or leave them in the building. West Coast Lights & Sirens holds itself to the highest standard of quality and procedures giving our customer the most reliable vehicles on the road. Key employees working on the job are as followed: -Rexx Revelle- is our most experienced and diverse employee. He has been with us since we opened and is our shop foreman. He will oversee scheduling vehicle work and completion. He will also ultimately be the one assigning the project to a crew based off crew familiarity and workload. He will also have oversight of the project and monitor its progress. Lastly, he will be the one to quality control the vehicle to verify completion. - Jason Radke- is one of the most experienced techs we have. He has worked at WCLS since we opened and has been in the industry for several years before we opened. He has 18.f Packet Pg. 497 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All his basic EVT certification, Managerial 1 & 2 certification and his F1 certification. He is also testing for his F2 & F3 certification. Jason will oversee assigning work and planning/prepping on how all electrical systems will operate. - Arturo Gallegos- is also a very experienced teach who has been with us since we opened. He also has his basic EVT and Managerial certification. He will work with Jason on the planning/prepping all electrical systems. He will also work with other employees in the group on miscellaneous installation. Sincerely, Mitchel Gonzalez Sales Manager West Coast Lights & Sirens 18.f Packet Pg. 498 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All REFERENCES Placentia Police Department Julie Kennicutt – Senior Management Analyst 714-524-3459 Email: JKENNICUTT@PLACENTIA.ORG 2009-Current Wondries Fleet Kevin Buzzard - Feet Coordinator 626-457-5590 O 714-264-1867 C Buzzard5150@gmail.com 2010-Current Redondo Beach Police Department Maria Temprano Property and Evidence Unit Facilities/Fleet Services 401 Diamond Street, Redondo Beach CA 90277 310.379.2477, ext 2009 maria.temprano@redondo.org 2013-Current Sincerely, Mitchel Gonzalez Sales Manager West Coast Lights & Sirens 18.f Packet Pg. 499 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.fPacket Pg. 500Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All City of San Bernardino TECHNICAL SPECIFICATIONS RFQ F-22-18 Install Emergency Equipment into new Ford Interceptor Utility Vehicles NOTICE : “SPECIAL INSTRUCTIONS TO THE BIDDER” Services: Bidder shall complete right-hand column indicating brief reasoning for exceptions to requirements when not acceptable. State “Acceptable” if requirements are agreeable as set forth in left-hand column. The City may invalidate any BID that if requirements are not “Acceptable”. Equipment: Bidder shall complete right-hand column indicating specific size and or make and model of all components when not exactly as specified. State “As Specified” if item is exactly as set forth in the left-hand column. FAILURE TO COMPLETE RIGHT HAND COLUMN WILL INVALIDATE BID CATEGORY I ACCEPTABLE / AS SPECIFIED Install Emergency Equipment into new Ford Interceptor Utility Vehicles. Description ACCEPTABLE / AS SPECIFIED Quote must include cost of each item of equipment unless specified as “customer provided”. All labor, miscellaneous parts to install equipment and shipping costs should be included as part of the quoted price. ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.f Packet Pg. 501 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All PATROL VEHICLE ->>W/ CODE-1/SECURE IDLE -51" RED/BLUE VALOR -SIREN/LIGHT CONTROLLER WITH 17 BUTTON CONTROLLER, 100/200 W, OBDII INTEGRATION CAPABILITY, INTEGRATED RUMBLER® CAPABILITY, AND INTEGRATED DUAL TONE CAPABILITY -OVERHEAD FACEPLATE - 2020 UTILIT -MIC EXTENSION CABLE FOR SSP3000B -ES100 SPEAKER W/O BRACKET (MOUNTED ON BUMPER) -ES100 2 BRACKET KIT FPIU20 NO DRILL -2020 FORD UTILITY BUMPER -150 AMP BREAKER -SEDAN / 2020 UTILITY CIRCUIT BREAKER BRACKET -FUSE BLOCK ST BLADE 6 CIRCUIT - FUSE BLOCK STBLADE 12 CIRC W/GND/CVR -AUTOMATIC TIMER DISCONNECT -202 PI UTILITY DRIVER/PASSENGER SIDE WINDOW GUARDS, WELDED BARS, VERTICAL DESIGN -RECESSED BACK PANEL, SLIDING WINDOW, SQUARE-HOLE BRACKET, LARGE WINDOW FOR FORD UTILITY -2020 FORD UV BIG BOY PARTITION MOUNT (INCLUDED WITH PARTITION) -2020 FORD UV KICK PANELS WITH FOOT POCKETS -2020 PI UTILITY PLASTIC FLOOR PAN W/ V- DRAIN -PLASTIC SEAT W/ OS BELTS, REAR PARTITION POLYCARBONATE WINDOW, WITH FIRE COMPARTMENT -2020 PI UTILITY DRIVER /PASSENGER SIDE SET OF DIAMOND-PUNCHED WINDOW SCREENS -2020 FORD UV REAR HATCH WINDOW SCREEN ; SQUARE-HOLE PUNCH -2020 FORD UV TILT-UP CARGO MOUNT W/GAS SHOCKS -2020 PI UTILITY ELECTRONICS TRAY -DUAL CORNER LED LIGHT HEAD W/IN-LINE FLASHER , RED/BLUE -DUAL CORNER LED LIGHT HEAD W/IN-LINE FLASHER (REVERSE LIGHTS) ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.f Packet Pg. 502 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All -MICROPULSE ULTRA 6, DUAL -COLOR SURFACE MOUNT, 12-24V DC, BLUE/AMBER >>UNDER HATCH LIGHTS<W/ON/OFF SWITCH -MICRO PULSE 620 ULTRA (BLUE/RED) >>MIRROR LIGHTS<< -SPACER KIT FOR THE ULTRA MPS LIGHTS -DUAL GUN RACK -SANTA CRUZ GUN LOCK S-C1 W STANDARD KEY -XL HANDCUFF STYLE GUN LOCK -BUTT PLATE FOR WEAPON -GUN LOCK TIMER ->>2 BUTTONS UNDER DRIVER AND PASSENGER FOR RELEASE -LITLITE, 12" RHEO, END CHAS MAPLIGHT -3/4" HOLE NMO STYLE BRASS MT W/17" RG58U & NO CONNECTOR -FABRICATION-NARROW BOX TO HOLD LOOSE ITEMS -15 AMP 12VOLT DC SOCKET (2 ON BLANK FACEPLATE IN CONSOLE) -FRONT END HARNESS, W/GXL & TXL WIRE -SAMLEX AMERICA-450 WATT AC INVERTER W/ USB PORT, MODIFIED SINE WAVE -FABRICATION-TO MODIFY CONSOLE TO MOUNT INVERTER INSIDE -MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. CUSTOMER SUPPLIED EQUIPMENT -ALSO TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM W/ ANTENNA, DOCKING STATION, AND KEYBOARD W/ MOUNT COMMUNITY SERVICE VEHICLE -70 AMP CIRCUIT BREAKER -UNIVERSAL CIRCUIT BREAKER BRACKET FROM BK CUSTOMS -45" ALLEGIANT, AMBER , TAKEDOWNS, ALLEYS,FRONT FLOOD,CLEAR DOMES, 6- BUTTON CONTROLLER - 2-CHANNEL RELAY -MICROPULSE ULTRA DUAL COLOR, WHITE/AMBER (GRILLE LIGHTS) -FABRICATION OF GRILLE LIGHTS -DUAL CORNER LED HEAD W/IN-LINE FLASHER , AMBER /WHITE (HEADLIGHTS) -SINGLE COLOR LED W/ INLINE FLASHER, AMBER (TAILLIGHTS) ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.f Packet Pg. 503 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All -2020+ FORD INTERCEPTOR UTILITY VEHICLE BASE -13" LOWER POLE ASSEMBLY -7" CENTER UPPER POLE -SHORT ADJUSTABLE SUPPORT BRACE -6" LOCKING SLIDE ARM WITH SHORT CLEVIS -3/4" HOLE NMO STYLE BRASS MT W/17" RG58U & NO CONNECTOR -LAIRD/ ANTENEX 118-970 MHZ 0DB FIELD TUNABLE 1/4 WAVE BLACK MOBILE ANTENNA -FABRICATION OF ELECTRONICS BOARD WITH CARPET -IGNITION DELAY MODULE 30 MIN TO 8HRS - VOLTAGE SENSE (1 HOUR) -BOSCH 75 AMP RELAY -FUSE BLOCK STBLADE DUAL 12 W/ GROUND/COVER -MISC. PARTS, WIRE, ZIP TIES, CLAMPS, FASTENERS, RELAYS, ETC. CUSTOMER SUPPLIED EQUIPMENT -ALSO TO INSTALL CUSTOMER SUPPLIED RADIO, MODEM W/ ANTENNA, DOCKING STATION, AND KEYBOARD W/ MOUNT CERTIFICATIONS - Ford Motor Company Qualified Vehicle Modifier(QVM) ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED ACCEPTABLE/ AS SPECIFIED 18.f Packet Pg. 504 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All PRICE FORM Provide pricing that is a Firm Fixed Fee. Project Overall Cost Summary. In addition to completing the price form, vendors shall supply an itemized quote for each vehicle type to include labor costs. FAILURE TO COMPLETE ALL COST SHEETS WILL INVALIDATE BID 1.Cost for one Patrol Vehicle $____________________ 2. Cost for one Patrol Supervisor Vehicle (W/out cage) $____________________ 3. Cost for one CSO Vehicle $____________________ 4. Any additional costs per vehicle type $____________________ 5. Taxes $____________________ 6. Additional Fees $____________________ 7. Additional Fees $____________________ Grand Total: $ ____________________ Are there any other additional or incidental costs, which will be required by your firm in order to meet the requirements of the Technical Specifications? Yes / No . (circle one). If you answered “Yes”, please provide detail of said additional costs: 14,079.62 10,279.61 5,525.40 0.00 2,355.57 0.00 0.00 32,240.20 NO 18.f Packet Pg. 505 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Please indicate any elements of the Technical Specifications that cannot be met by your firm. Have you included in your bid all informational items and forms as requested? Yes / No (circle one). If you answered “No”, please explain: Terms and conditions as set forth in this RFQ apply to this bid. Cash discount allowable % days; unless otherwise stated, payment terms are: Net thirty (30) days. This bid has been reviewed and found to be correct and final. The undersigned is authorized to providing pricing: Name and Title of Authorized Representative: ________________________________ ________________________________ Signature : ____________________________________________________ Company Name: ________________________________________________ Address: ______________________________________________________ Phone/fax and email: _____________________________________________ YES MITCHEL GONZALEZ SALES MANAGER WEST COAST LIGHTS & SIRENS 601 COLUMBIA AVE. UNIT A&B. RIVERSIDE, CA 92507 P: 951-779-9257 F: 951-779-9256 MITCHEL@WCLS.US 2 15 18.f Packet Pg. 506 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All SUBCONTRACTOR’S LIST As required by California State Law, the General Contractor bidding will hereinafter state the subcontractor who will be the subcontractor on the job for each particular trade or subdivision of the work in an amount in excess of one-half of one percent of the General Contractor’s total bid and will state the firm name and principal location of the mill, shop, or office of each. If a General Contractor fails to specify a subcontractor, or if he specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent, he agrees that he is fully qualified to perform that portion himself and that he shall perform that portion himself. DIVISION OF WORK OR TRADE NAME OF FIRM OR CONTRACTOR LOCATION CITY ______________________ ________________________ Print Name Signature of Bidder Company Name: __________________________________________ Address: __________________________________________ REJECTION OF BIDS The undersigned agrees that the City of San Bernardino reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do seems to best serve the public interest. 18.f Packet Pg. 507 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 508 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 509 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 510 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 511 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 512 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 513 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All 18.f Packet Pg. 514 Attachment: Attachment 6 - RFQ F-22-18 (8807 : Authorize the Issuance of Purchase Orders for Police Vehicles and Related Equipment (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Amendment No. 1 to Agreement with ITERIS Inc. (All Wards) Recommendation Adopt Resolution No. 2022-36 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 1 with ITERIS, Inc. for design services and implementation of advanced dilemma zone detection at 49 signalized intersections; and authorizing the City Manager or designee to execute all documents in support of the amendment. Background On March 18, 2020, the Mayor and City Council adopted Resolution No. 2020 -47 approving an agreement with Iteris, Inc for design services and implementation of advanced dilemma zone detection at 49 signalized intersections. The contract was extended administratively through June 30, 2021. Discussion Iteris, Inc. has since completed the design services outlined in the scope of work of the original agreement. Unfortunately, a 'Request to Proceed with Construction,' along with the allocation of funds, is still pending approval by Caltrans. Once the City obtains approval, the project can be advertised for bidding which is anticipated to begin in April of 2022. Construction is currently anticipated to be completed in February 2023. Iteris, Inc. was also contracted to prepare a final construction report and traffic signal plan as-builts after the project was completed. However, due to steel shortages and other materials and supplies that are used for traffic signal hardware, it is unknown when this project will be completed. Staff is requesting an extension to the agreement through December 31, 2023, to allow Iteris, Inc. sufficient time to complete the as-builts and finalize the construction report. The two tasks outlined above are the only remaining deliverables under the expired agreement and within the original not-to-exceed amount of $340,000. There are no additional advantages outlined under this amendment. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1e: Improved Operational & Financial 19 Packet Pg. 515 8637 Page 2 Capacity - Minimize risk and litigation exposure. Fiscal Impact There is no General Fund impact associated with this action. Sufficient funding is available in the current Capital Improvement Plan (CIP) budget to absorb the remaining contract amount. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-36, approving Amendment No. 1 with ITERIS, Inc. for design services and implementation of advanced dilemma zone detection at 49 signalized intersections; and authorizing the City Manager or designee to execute all documents in support of the amendment. Attachments Attachment 1 Resolution No. 2022-36 Attachment 2 Resolution No. 2022-36; Exhibit A Attachment 3 Iteris, Inc. Original Agreement Attachment 4 Administrative Extension Attachment 5 Resolution No. 2020-047 Highway Safety Improvement Program (HSIP) Ward: All Synopsis of Previous Council Actions: March 18, 2020 Mayor and City Council adopted Resolution No. 2020-047 approving an Agreement with Iteris, Inc. for Implementation of Advanced Dilemma Zone Detection at 49 Signalized Intersections. 19 Packet Pg. 516 Resolution No. 2022-36 Resolution 2022-36 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-36 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 WITH ITERIS, INC., FOR DESIGN SERVICES AND IMPLEMENTATION OF ADVANCED DILEMMA ZONE DETECTION AT 49 SIGNALIZED INTERSECTIONS; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS IN SUPPORT OF THE AMENDMENT WHEREAS, on March 18, 2020, the Mayor and City Council adopted Resolution No. 2020-47 approving the award of design services for Implementation of Advanced Dilemma Zone Detection at 49 Signalized Intersections; and WHEREAS, the contract was extended administratively through June 30, 2021, in order to complete the design; and WHEREAS, in June of 2021, Iteris, Inc. completed the final plan specifications and estimates for the project; and WHEREAS, due to shortages of material supplies for the traffic signal hardware, especially the steel poles being manufactured and shipped outside the State of California, the completion date of the project is unknown; and WHEREAS, this is the final task remaining under the expired contract; and WHEREAS, in order to meet the contractual obligations under the Master Agreement to provide a final construction report and preparation of the as-builts, staff recommends the agreement be extended through December 31, 2023. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee to execute Amendment No. 1 to the Professional Services Agreement with ITERIS, Inc. attached hereto as Exhibits “A”, on behalf of the City. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that 19.a Packet Pg. 517 Attachment: Attachment 1 - Resolution No. 2022-36 Amendment No. 1 to Agreement with ITERIS Inc [Revision 5] (8637 : Amendment No. 1 to Resolution No. 2022-36 Resolution 2022-36 February 16, 2022 Page 2 of 3 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 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 19.a Packet Pg. 518 Attachment: Attachment 1 - Resolution No. 2022-36 Amendment No. 1 to Agreement with ITERIS Inc [Revision 5] (8637 : Amendment No. 1 to Resolution No. 2022-36 Resolution 2022-36 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-36, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 19.a Packet Pg. 519 Attachment: Attachment 1 - Resolution No. 2022-36 Amendment No. 1 to Agreement with ITERIS Inc [Revision 5] (8637 : Amendment No. 1 to EXHIBIT A AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. This Amendment No. 1 to the Professional Services Agreement is made and entered into as of___________________ (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and ITERIS, Inc., a Delaware corporation (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Contractor have entered into an agreement, dated March 18, 2020, for the purpose of providing professional services for Implementing Advanced Dilemma Zone Detection at 49 Signalized Intersection with Three Roadway Corridors (the “Master Agreement”) B. WHEREAS, on January 25, 2021, the Agreement was extended administratively through June 30, 2021. C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended through December 31, 2023, unless earlier terminated. 3. Compensation. There is no change to the total not to exceed compensation of the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this 19.b Packet Pg. 520 Attachment: Attachment 2 - Resolution 2022-36 Amendment No. 1 to Agreement with ITERIS Inc - Exhibit A [Revision 3] (8637 : Amendment No. Amendment No. 2 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 19.b Packet Pg. 521 Attachment: Attachment 2 - Resolution 2022-36 Amendment No. 1 to Agreement with ITERIS Inc - Exhibit A [Revision 3] (8637 : Amendment No. SIGNATURE PAGE FOR AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field, City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONTRACTOR ITERIS, INC Signature Name Title 19.b Packet Pg. 522 Attachment: Attachment 2 - Resolution 2022-36 Amendment No. 1 to Agreement with ITERIS Inc - Exhibit A [Revision 3] (8637 : Amendment No. 19.c Packet Pg. 523 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 524 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 525 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 526 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 527 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 528 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 529 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 530 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 531 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 532 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 533 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 534 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 535 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 536 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 537 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 538 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 539 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 540 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 541 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 542 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 543 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 544 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 545 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 546 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 547 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 548 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.c Packet Pg. 549 Attachment: Attachment 3 - Iteris, Inc. Original Agreement (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.d Packet Pg. 550 Attachment: Attachment 4 - Administrative Extension (8637 : Amendment No. 1 to Agreement with ITERIS Inc. (All Wards)) 19.e Packet Pg. 551 Attachment: Attachment 5 - Resolution No. 2020-047 Highway Safety Improvement Program (HSIP) (8637 : Amendment No. 1 to Agreement with 19.e Packet Pg. 552 Attachment: Attachment 5 - Resolution No. 2020-047 Highway Safety Improvement Program (HSIP) (8637 : Amendment No. 1 to Agreement with 19.e Packet Pg. 553 Attachment: Attachment 5 - Resolution No. 2020-047 Highway Safety Improvement Program (HSIP) (8637 : Amendment No. 1 to Agreement with 19.e Packet Pg. 554 Attachment: Attachment 5 - Resolution No. 2020-047 Highway Safety Improvement Program (HSIP) (8637 : Amendment No. 1 to Agreement with Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1) Recommendation Adopt Resolution No. 2022-37 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 3 to the Agreement with Tetra Tech, Inc., for the 2nd Street Bridge replacement at Warm Creek; and authorizing the City Manager, or designee, to execute all documents in support of amendment. Background In 2005, an inspection by the California Department of Transportation (Caltrans) Structures Inspection Division revealed that one of the 20 wood columns supporting the 2nd Street Bridge over Warm Creek was decayed and is no longer providing support for the structure. Although the loss of support from the decayed column has not resulted in any apparent distress to the bridge, the loss of support reduces the ability of the structure to resist earthquake loads. On January 10, 2012, Caltrans approved the City’s application for Federal Highway Bridge Funds in the amount of $2,698,549 for replacement of the bridge, which included $374,760 for Preliminary Engineering (Environmental Document) and Design of the replacement bridge (see attached documents). On December 18, 2012, Proposals for the design were received from the consulting firms of Tetra Tech, ICF, and J. L. Patterson. Staff evaluated the proposals in accordance with the system outlined in the Caltrans Local Assistance Programs Manual (LAPM). The firm of ICF was the highest rated Proposer; however, subsequent negotiations with ICF did not result in an accep table Scope of Services and Fee. Therefore, negotiations with ICF were ended. Staff invited the second highest rated Proposer, Tetra Tech, to submit a Scope of Services and Fee for the work, which was determined to be acceptable. Tetra Tech submitted a Scope of Services and Fee for the project that is broken into two phases. The first phase consisted of all requirements that are needed to complete the environmental document and the design of the Project. The fee for the first phase was $470,790. The second phase consisted of several optional tasks (noise study, air quality study and USACE/USFWS Section 7 Consultation) and construction support . The 20 Packet Pg. 555 8639 Page 2 additional fee for the second phase was $93,600, for a total contract cost of $564,390. Discussion Tetra Tech, Inc. prepared plans, specifications, and estimates (PS&E), secured permits from various Federal and State regulatory agencies and aided during construction of the 2nd Street Bridge over Warm Creek project. The PS&E phase has been completed and the necessary permits have been obtained. Tetra Tech, Inc. is providing construction support by reviewing technical submittals and revising the bridge design due to the changing conditions at the site. Due to staff oversight, this agreement expired on December 31, 2020. The consultant has continued to provide design services on this project due to ongoing challenges associated with replacement of the waterline and replacement of utility conduits that pass through the bridge. The consultant’s work, in partnership with the contractor, is required to continue to provide design services on an as needed basis until the project is complete. The City and Tetra Tech, Inc. now desire to amend the Master Agreement to extend the term through December 31, 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City. Fiscal Impact There is no General Fund impact associated with this action. Sufficient funds are available in the current Capital Improvement Plan budget to absorb the contract amount. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-XXX, approving Amendment No. 3 to the Agreement with Tetra Tech, Inc., for the 2nd Street Bridge replacement at Warm Creek; and authorizing the City Manager, or designee, to execute all documents in support of amendment Attachments Attachment 1 Resolution No. 2022- 37 Attachment 2 Resolution No. 2022-37; Exhibit A Attachment 3 Resolution No. 2014-234 (Original Contract) Attachment 4 Resolution No. 2018-139 (Amendment No. 1) Attachment 5 Resolution No. 2019-19 (Amendment No. 2) Ward: 1 20 Packet Pg. 556 8639 Page 3 Synopsis of Previous Council Actions: June 16, 2014 Mayor and City Council adopted Resolution No. 2014-234 approving an Agreement with Tetra Tech, Inc. t for the 2nd Street Bridge replacement at Warm Creek. May 16, 2018 Mayor and City Council adopted Resolution No. 2018-139 approving Amendment No. 1 with Tetra Tech, Inc. for 2nd Street Bridge. February 6, 2019 Mayor and City Council adopted Resolution No. 2019-19 approving Amendment No. 2 with Tetra Tech, Inc. for 2nd Street Bridge . 20 Packet Pg. 557 Resolution No. 2022-37 Resolution 2022-37 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-37 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE AGREEMENT WITH TETRA TECH, INC., FOR THE 2ND STREET BRIDGE REPLACEMENT AT WARM CREEK; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS IN SUPPORT OF THE AMENDMENT WHEREAS, on June 16, 2014, the Mayor and City Council adopted Resolution No. 2014- 234 approving an Agreement with Tetra Tech, Inc., to provide environmental and civil engineering design services for the 2nd Street Bridge replacement at Warm Creek; and WHEREAS, on May 16, 2018, the Mayor and City Council adopted Resolution No. 2018- 139 approving Amendment No. 1 extending the Agreement the with Tetra Tech, Inc. to December 31, 2018, for the 2nd Street Bridge; and WHEREAS, on February 6, 2019, the Mayor and City Council adopted Resolution No. 2019-19 approving Amendment No. 2 extending the Agreement with Tetra Tech, Inc., to December 31, 2020, for the 2nd Street Bridge; and WHEREAS, the 2nd Street Bridge over Warm Creek is currently under construction and Tetra Tech, Inc., is providing construction management support. Currently, the agreement with Tetra Tech, Inc., is expired and needs to be extended; and WHEREAS, the City and Tetra Tech Inc. desire to amend the Master Agreement in order to extend the term of the Master Agreement until December 31, 2022. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee to execute Amendment No. 3 to the Professional Services Agreement with Tetra Tech, Inc., and any supporting documents attached hereto as Exhibit “A”, on behalf of the City. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that 20.a Packet Pg. 558 Attachment: Attachment 1 - Resolution No. 2022-37 Amendment No. 3 to Agreement with Tetra Tech, Inc. [Revision 5] (8639 : Amendment No. 3 Resolution No. 2022-37 Resolution 2022-37 February 16, 2022 Page 2 of 3 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 16th day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 559 Attachment: Attachment 1 - Resolution No. 2022-37 Amendment No. 3 to Agreement with Tetra Tech, Inc. [Revision 5] (8639 : Amendment No. 3 Resolution No. 2022-37 Resolution 2022-37 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-37, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 17th day of February 2022. Genoveva Rocha, CMC, City Clerk 20.a Packet Pg. 560 Attachment: Attachment 1 - Resolution No. 2022-37 Amendment No. 3 to Agreement with Tetra Tech, Inc. [Revision 5] (8639 : Amendment No. 3 EXHIBIT A AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH TETRA TECH, INC. This Amendment No. 3 to the Consultant Services, dated as of February 16, 2022 (the “Amendment”), between the City of San Bernardino, a charter city and municipal corporation organized under the Constitution of the State of California (“City”), and Tetra Tech, Inc. (“Contractor,” and together with City, the “Parties,” and each, a “Party”). RECITALS WHEREAS, the Parties have entered into an Agreement, dated as of June 16, 2014, to provide environmental and civil engineering design services for the 2nd Street Bridge replacement at Warm Creek (SS13-001) (“Master Agreement”); and WHEREAS, on May 16, 2018, Amendment No. 1 was executed extending the Master Agreement to December 31, 2018; and WHEREAS, on February 06, 2019, Amendment No. 2 was executed extending the Master Agreement with Tetra Tech, Inc. to December 31, 2020; and WHEREAS, pursuant to Section 6.19 of the Master Agreement, any amendment must be contained in a written agreement; and WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement until December 31, 2022. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended through December 31, 2022, unless earlier terminated. 3. Compensation. There is no change to the total not to exceed compensation of the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 3, all provisions of the Master Agreement, as amended by Amendment No. 1 and Amendment No. 2, 20.b Packet Pg. 561 Attachment: Attachment 2 - Resolution No. 2022-37; Exhibit A [Revision 1] (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 3. 5. Electronic Transmission. A manually signed copy of this Amendment No. 3 which is transmitted by facsimile, email or other means of electronic tra nsmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 3 for all purposes. This Amendment No. 3 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 3 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 20.b Packet Pg. 562 Attachment: Attachment 2 - Resolution No. 2022-37; Exhibit A [Revision 1] (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward SIGNATURE PAGE FOR AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TETRA TECH, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 3 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONTRACTOR TETRA TECH, INC Signature Name Title 20.b Packet Pg. 563 Attachment: Attachment 2 - Resolution No. 2022-37; Exhibit A [Revision 1] (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 20.c Packet Pg. 564 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 565 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 566 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 567 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 568 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 569 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 570 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 571 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 572 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.c Packet Pg. 573 Attachment: Attachment 3 - Resolution No. 2014-234 (Original Contract) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. 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(Ward 1)) 20.e Packet Pg. 622 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 623 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 624 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 625 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 626 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 627 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 628 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 629 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 630 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) 20.e Packet Pg. 631 Attachment: Attachment 5 - Resolution No. 2019-19 (Amendment No. 2) (8639 : Amendment No. 3 to Agreement with Tetra Tech, Inc. (Ward 1)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized Intersections (All Wards) Recommendation Adopt Resolution No. 2022-38 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to record a budget amendment in the amount of $1,603,493.21 from the remaining Highway Safety Improvement Program (HSIP) grant fund balance for the project construction, construction contingencies, and inspection costs for upgrades to hardware at 224 signalized intersections at various arterials. Background The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose of achieving a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance. The HSIP is legislated under Section 148 of Title 23, United States Code (23 U .S.C. 148) and regulated under Part 924 of Title 23, Code of Federal Regulations (23 CFR Part 924). The HSIP consists of three main components, the Strategic Highway Safety Plan (SHSP), State HSIP or program of highway safety improvement projects and the Railway-Highway Crossing Program (RHCP), In addition, some states also have a High Risk Rural Roads (HRRR) program if they had increasing fatality rate on rural roads. HSIP Cycle 9 call for projects was announced in May 2018 and in August 2018, City of San Bernardino submitted application to upgrade signal hardware at 224 signalized intersections at various arterials citywide. On December 27, 2018, the City received the HSIP grant in the amount of $5,490,800 to do the project. On June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20-007 for the upgrade of hardware at 224 signalized intersections at various arterials. The HSIP established $5,490,800 in grant funds to support the project. The design for the project was completed in July 2021 by 21 Packet Pg. 632 8746 Page 2 Kimley-Horn and Associates at a total design cost of $631,534.25 . On December 15, 2021, the Mayor and City Council approved Resolution No. 2021-299 approving the award of a construction contract with Baker Electric, Inc., in the amount of $3,799,306 for the upgrades to hardware at 224 signalized intersections at various arterials; and authorizing the project construction, con struction contingencies and inspection costs in the total amount of $4,402,306. Discussion Currently, the HSIP grant has a budget of $3,255,772.54. However, the construction contract with Baker Electric, Inc. is $3,799,306, not including contingencies, engineering, inspections and project management costs. The City received an award amount of $5,490,800 to support the project. Therefore, a budget amendment of $1,603,493.21 from HSIP fund balance is requested to successfully complete the project. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing traffic signals on various arterials within the City. Fiscal Impact There is no General Fund Impact. HSIP Federal funding in the amount of $5,490,800 has been approved for the project and a budget amount $3,255,772.54 is currently available for the project. Design was completed at a total cost amount of: $ 631,534.25 The overall construction costs of the project are as follows: Construction Bid Amount $ 3,799,306.00 Construction Contingency $ 383,000.00 Engineering, Inspections and Project Management $ 676,959.75 Total Construction Project Cost $ 4,859,265.75 Current Budget amount: Account: 123-400-8700*5504 $ 3,255,772.54 Budget Amendment amount requested $ 1,603,493.21 Total Construction Project Budget $ 4,859,265.75 Total Design and construction cost $ 5,490,800.00 21 Packet Pg. 633 8746 Page 3 Available Grant Fund Amount $ 5,490,800.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-38, authorizing the Director of Finance to record a budget amendment in the amount of $1,603,493.21 from the remaining Highway Safety Improvement Program (HSIP) grant fund balance for th e project construction, construction contingencies, and inspection costs for upgrades to hardware at 224 signalized intersections at various arterials. Attachments Attachment 1 Resolution No. 2022-38 Attachment 2 Resolution No. 2021-299 Ward: All Synopsis of Previous Council Actions: December 15, 2021, Mayor and City Council adopted Resolution No. 2021-299 approving the award of a construction contract with Baker Electric, Inc. for construction upgrades to various signal hardware at 224 signalized intersections on various arterials. 21 Packet Pg. 634 Resolution No. 2022-38 Resolution 2022-38 February 16, 2022 Page 1 of 3 RESOLUTION NO. 2022-38 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO RECORD A BUDGET AMENDMENT IN THE AMOUNT OF $1,603,493.21 FROM THE REMAINING HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUND BALANCE FOR PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES, AND INSPECTION COSTS FOR UPGRADES TO HARDWARE AT 224 SIGNALIZED INTERSECTIONS AT VARIOUS ARTERIALS WHEREAS, HSIP Cycle 9 call for projects was announced in May 2018 and in August 2018, City of San Bernardino submitted application to upgrade various signal hardware at 224 signalized intersections on various arterials Citywide. On December 27, 2018, the City received an HSIP grant in the amount of $5,490,800 for the project. WHEREAS, on June 19, 2019, the Mayor and City Council approved Resolution No. 2019-168 adopting the City’s Annual Operating Budget for Fiscal Year 2019/20. The budget included Capital Improvement Plan (CIP) TC20-007 project for upgrades to various signal hardware at 224 signalized intersections on various arterials and established $5,490,800 in HSIP Grant funds to support the project. The Design for the project was completed in July 2021 by Kimley-Horn and Associate for a total cost of $631,534.25. WHEREAS, on December 15, 2021, the Mayor and City Council approved Resolution No. 2021-299 approving the award of a construction contract with Baker Electric, Inc. in the amount of $3,799,306 for the upgrades to various signal hardware at 224 signalized intersections on various arterials; and authorizing the project construction, construction contingencies and inspections costs in the total amount of $4,402,306; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2, The Mayor and City Council hereby authorize the Director of Finance to record a budget amendment in the amount of $1,603,493.21 from HSIP Grant fund balance to upgrade various signal hardware at 224 signalized intersections on various arterials. 21.a Packet Pg. 635 Attachment: Attachment 1 - Resolution No. 2022-38 [Revision 4] (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 Resolution No. 2022-38 Resolution 2022-38 February 16, 2022 Page 2 of 3 SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 21.a Packet Pg. 636 Attachment: Attachment 1 - Resolution No. 2022-38 [Revision 4] (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 Resolution No. 2022-38 Resolution 2022-38 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 21.a Packet Pg. 637 Attachment: Attachment 1 - Resolution No. 2022-38 [Revision 4] (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 21.b Packet Pg. 638 Attachment: Attachment 2 - Resolution No. 2021-299 (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized 21.b Packet Pg. 639 Attachment: Attachment 2 - Resolution No. 2021-299 (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized 21.b Packet Pg. 640 Attachment: Attachment 2 - Resolution No. 2021-299 (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized 21.b Packet Pg. 641 Attachment: Attachment 2 - Resolution No. 2021-299 (8746 : Budget Amendment for Upgrades to Various Signal Hardware on 224 Signalized Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Annual Purchase Order for Parts Authority (All Wards) Recommendation Adopt Resolution No. 2022-39 of the Mayor and City Council of the City of San Bernardino, California, authorizing the Director of Finance to issue an Annual Purchase Order to Parts Authority for the purpose of supplying automotive parts and supplies in an amount not to exceed $175,000 on an annual basis with four (4) single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment. Background The Public Works Department, Fleet Division operates and maintains over six -hundred units that include light vehicles and heavy equipment. The Fleet Division procures a variety of automotive parts for the repair and service of vario us light trucks, Police Department vehicles, sedans, and field equipment. Discussion On September 13, 2021, a formal bid notice was posted on the City’s website using Planetbids, publicizing a Request for Quote (RFQ # F-22-7) titled “Automotive Parts and Supplies”. Based on the RFQ results, Parts Authority was selected as the lowest qualified bidder for supplying automotive parts and supplies for the maintenance and repairs of City vehicles. 2021-2025 Key Strategic Targets and Goals Approval of this annual purchase order aligns with Key Target No. 1d: Financial Stability as it supports the objective of minimizing risk and litigation exposure through timely replacement of manufacturer approved parts in City owned vehicles and equipment. Fiscal Impact Funding for this action is included in the FY 2021/22 adopted Budget in the Public Works Department, Fleet Services Vehicle Maintenance Material and Supplies budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-39, authorizing the Director of Finance to issue 22 Packet Pg. 642 8774 Page 2 an Annual Purchase Order to Parts Authority for the purpose of supplying automotive parts and supplies in an amount not to exceed $ 175,000 on an annual basis with four (4) single year renewal options to the Public Works Department, Fleet Division, for the maintenance of City owned vehicles and equipment. Attachments Attachment 1 Resolution 2022-39 Attachment 2 Resolution 2022-39; Exhibit A- Parts Authority Quote Ward: All Synopsis of Previous Council Actions: December 20, 2017 Resolution No 2017-244 adopted approving the issuance of an Annual Purchase Order in the amount not to exceed $150,000 with three (3) single year renewal options. 22 Packet Pg. 643 Resolution No. 2022-39 Resolution 2022-39 February 16, 2022 Page 1 of 3 RESOLUTION NO.2022-39 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE AN ANNUAL PURCHASE ORDER TO PARTS AUTHORITY FOR THE PURPOSE OF SUPPLYING AUTOMOTIVE PARTS AND SUPPLIES IN AN AMOUNT NOT TO EXCEED $175,000 ON AN ANNUAL BASIS WITH FOUR SINGLE YEAR RENEWAL OPTIONS TO THE PUBLIC WORKS DEPARTMENT, FLEET DIVISION, FOR THE MAINTENANCE OF CITY OWNED VEHICLES AND EQUIPMENT WHEREAS, the Public Works Department oversees the maintenance of City owned vehicles and equipment; and WHEREAS, following a competitive bid process, City staff determined that Parts Authority provides the most cost-effective parts and supplies listings for the Department’s fleet. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the Director of Finance to issue of an Annual Purchase Order to Parts Authority for a total amount not to exceed $175,000 per year with four one-year options as follows: FY 2022/23 FY 2023/24 FY 2024/25 FY 2025/26 FY 2026/27 $175,000 $175,000 $175,000 $175,000 $175,000 SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 22.a Packet Pg. 644 Attachment: Attachment 1 - Resolution 2022-39 [Revision 3] (8774 : Annual Purchase Order for Parts Authority (All Wards)) Resolution No. 2022-39 Resolution 2022-39 February 16, 2022 Page 2 of 3 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 February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 22.a Packet Pg. 645 Attachment: Attachment 1 - Resolution 2022-39 [Revision 3] (8774 : Annual Purchase Order for Parts Authority (All Wards)) Resolution No. 2022-39 Resolution 2022-39 February 16, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the 16th day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 16th day of February 2022. Genoveva Rocha, CMC, City Clerk 22.a Packet Pg. 646 Attachment: Attachment 1 - Resolution 2022-39 [Revision 3] (8774 : Annual Purchase Order for Parts Authority (All Wards)) 22.b Packet Pg. 647 Attachment: Attachment 2 Resolution 2022-39 Exhibit A Parts Authority (8774 : Annual Purchase Order for Parts Authority (All Wards)) 22.b Packet Pg. 648 Attachment: Attachment 2 Resolution 2022-39 Exhibit A Parts Authority (8774 : Annual Purchase Order for Parts Authority (All Wards)) 22.b Packet Pg. 649 Attachment: Attachment 2 Resolution 2022-39 Exhibit A Parts Authority (8774 : Annual Purchase Order for Parts Authority (All Wards)) 22.b Packet Pg. 650 Attachment: Attachment 2 Resolution 2022-39 Exhibit A Parts Authority (8774 : Annual Purchase Order for Parts Authority (All Wards)) Page 1 Request for Future Meeting City of San Bernardino Date: February 16, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Warehouse Moratorium - Request for Emergency Ordinance (All Wards) (Council Member Reynoso) 23 Packet Pg. 651