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HomeMy WebLinkAbout2022-01-19 Mayor and City Council - Full Agenda-3019CITY 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, JANUARY 19, 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 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. o Si necesita un intérprete en Español comuníquese con la Secretaria Municipal 72 horas antes de la reunión del consejo. Rocha_ge@sbcity.org To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://sbcity.tiny.us/011922agendabackup 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 2022 -> Meeting Date Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/14/2022 CALL TO ORDER Attendee Name Present Absent Late Arrived Council Member, Ward 1 Theodore Sanchez    Council Member, Ward 2 Sandra Ibarra    Mayor Pro-Tem, 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 Closed Session A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926 ; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900 C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/14/2022 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES/MEETINGS ATTENDED PRESENTATIONS 1. Big Brothers Big Sisters of the Inland Empire P. 12 January is National Mentoring Month and 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; • ROI to the City; and • Specifically, this year, mentoring in a pandemic. 2. Dr. Margaret Hill Day (All Wards) P. 23 PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 3. Charter Review Committee Appointment (Ward 1) P. 25 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1. Mr. Dailey will replace Roxanna M. Barrera with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. 4. Animal Control Commission Appointment (Ward 1) P. 33 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Maria I. Lanas to the Animal Control Commission representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/14/2022 DISCUSSION 5. Ordinance to Allow Contract Approval by Minute Action (All Wards) P. 41 Recommendation Introduce, read by title only, and waive further reading of Ordinance No. MC-1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution. PUBLIC HEARINGS 6. Urgency Ordinance - Development Code Amendment 21-09 (Urban Lot Splits and Two-Unit Projects) (All Wards) P. 46 Recommendation Adopt Urgency Ordinance No. MC-1570 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21-09 amending Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code adding Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1). 7. Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) P. 85 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider the basis and salary data for adjusting the salary for the position of Mayor, provide direction for modification or receive and file the data as presented; and 2. If decided by the City Council, introduce, read by title only, and waive further reading of Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an am ount determined by the City Council. CONSENT CALENDAR 8. Acceptance of the 2021 Emergency Management Performance Grant (EMPG) (All Wards) P. 200 Recommendation Adopt Resolution No. 2022-14 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Fiscal Year 2021 Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/14/2022 Emergency Management Performance Grant and increasing the Fisca l Year 2021/22 Adopted Budget grant revenue and expenditures by $31,330. 9. Construction Contract Award for Traffic Signal Upgrades (Wards 1 & 3) P. 232 Recommendation Adopt Resolution No. 2022-01 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Alfaro Communication Construction Company, Inc., in the amount of $856,430 to provide the construction of traffic signal upgrades (Project); 2. Authorizing the appropriation of funds in the amount of $828,022.73 from Measure I Fund (Fund 129) to fund the Project; 3. Authorizing project construction, construction contingencies, and inspection costs in the total amount of $977,430 for construction of the traffic signal upgrades; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 10. Notice and Call of the Primary Municipal Election to be Consolidated with the San Bernardino County Statewide Election to be Held on Tuesday, June 7, 2022 (All Wards) P. 266 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on June 7, 2022: 1. Adopt Resolution No. 2022-02 calling for the holding of a Primary Municipal Election to be held on Tuesday June 7, 2022, for the election of certain officers as required by the provisions of the San Bernardino City Charter; 2. Adopt Resolution No. 2022-03 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on June 7, 2022, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code; 3. Adopt 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. 11. Issuance of a Purchase Order to Penske Chevrolet Sales for the Purchase of Animal Service Vehicles (All Wards) P. 281 Recommendation Adopt Resolution No. 2022-05 of the Mayor and City Council of the City of San Bernardino, California, to authorize the Director of Finance to issue a purchase order to Penske Chevrolet Sales in an amount not to exceed $450,000 to purchase four 2023 Chevy Silverado 2500HD Trucks with Animal Control Bodies; Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/14/2022 and to authorize the Director of Finance to appropriate $215,000 from the General Fund to the Animal Services Motor Vehicle Expense Account to cover the additional cost of vehicle replacement. 12. Imposing Liens to Recover Costs for Code Enforcement (All Wards) P. 307 Recommendation Adopt Resolution No. 2022-06 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino of the costs of public nuisance abatements. 13. Receive and File San Bernardino Municipal Water Department's Audited Annual Comprehensive Financial Report for Fiscal Year Ended June 30, 2021 P. 313 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water, sewer treatment, and sewer collection utilities for Fiscal Year ended June 30, 2021. 14. Accept 2020 HSGP Grant (All Wards) P. 446 Recommendation Adopt Resolution No. 2022-08 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Homeland Security Grant Program (HSGP) funds and increasing the Fiscal Year 2021/22 Adopted Budget revenue and expenditures by $41,111. 15. Memorandum of Understanding with Loma Linda University Children’s Hospital (All Wards) P.482 Recommendation Adopt Resolution No. 2022-09 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a Memorandum of Understanding with Loma Linda University Children’s Hospital for forensic interview services at a cost of $21,600 per year through 2024. 16. Kaiser Grant for Operation Splash 2022-2023 (All Wards) P.497 Recommendation Adopt Resolution No. 2022-10 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submission of the application for and acceptance of a grant contribution from Kaiser Permanente California Community Foundation, and appropriating funds to the General Fund for the Operation Splash 2022 and 2023 Summer Aquatics Program in the amount of $59,500 for Fiscal Year 2021/22, Fiscal Year 2022/23, and Fiscal Year 2023/24. 17. Police Patrol Vehicle Purchase (All Wards) P. 527 Recommendation Adopt Resolution No. 2022-11 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 for $83,100, and West Coast Lights & Sirens for $33,100. Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/14/2022 18. Resolution Declaring Intent to Conduct a Public Hearing to Order a Street Vacation for a Portion of H Street (Ward 1) P. 556 Recommendation Adopt Resolution 2022-12 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order the vacation of H Street south of 2nd Street. 19. November and December 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes P. 579 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in December 2021. 20. Resolution Approving Applications for Clean California Local Grant Program (All Wards) P. 602 Recommendation Adopt Resolution No. 2022-07 of the Mayor and City Council of the City of San Bernardino, California, approving the submission of applications for the Clean California Local Grant Program. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 21. Ethics Training for All City Employees (All Wards) (Council Member Alexander) P. 607 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, February 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 Wednesday, January 19, 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, January 14, 2022. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/14/2022 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 approach ing the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by th e Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Red evelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item r aised by the public to staff, or to any commission, board, bureau, or committee for appropriate a ction 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 Redevelopme nt Agency. However, no other action shall be taken nor discussion held by the Mayor and City Coun cil and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/14/2022 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 the following page: https://sbcity.tiny.us/PublicCommentOptions . 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900-6833. When prompted, enter the Meeting ID: 677-845-9453 Passcode: 2021 The public may begin joining the meeting on Zoom or by calling -in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller’s phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. Continued next page… Regular Meeting Agenda January 19, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/14/2022 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: January 19, 2022 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)): Two Items B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)): One Item. a. Request from Mayor John Valdivia dated December 8, 2021 (delivered electronically December 9, 2021) requesting defense in the following cases: Jackie Aboud v. John Valdivia, et al., Case No. CIVDS2013562; Karen Cervantes v. John Valdivia, et al., Case No. CIVDS2012538; Mirna Cisneros v. John Valdivia, et al., Court Case No. CIVDS2012926; Donald Smith v. John Valdivia, et al., Case No. CIVSB2025375; and Matthew Brown v. City of San Bernardino, Case No. CIVSB2025900 C. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association Packet Pg. 11 Page 1 Presentation City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Big Brothers Big Sisters of the Inland Empire January is National Mentoring Month and 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; • ROI to the City; and • Specifically, this year, mentoring in a pandemic. 1 Packet Pg. 12 CELEBRATING NATIONAL MENTOR 1.a Packet Pg. 13 Attachment: Big Brothers and Big Sisters Mentoring 1.a Packet Pg. 14 Attachment: Big Brothers and Big Sisters Mentoring 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. 15 Attachment: Big Brothers and Big Sisters Mentoring 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. 16 Attachment: Big Brothers and Big Sisters Mentoring Number of Children Mentored 2,500+ 1,000+ Annually served Number of Mentoring Models IMPACTReach 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. 17 Attachment: Big Brothers and Big Sisters Mentoring INNOVATIVE PARTNERSHIP College Bigs High School Bigs Girl Empowerment Program 1.a Packet Pg. 18 Attachment: Big Brothers and Big Sisters Mentoring COLLECTIVE IMPAFinancial 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. 19 Attachment: Big Brothers and Big Sisters Mentoring 1.a Packet Pg. 20 Attachment: Big Brothers and Big Sisters Mentoring 1.a Packet Pg. 21 Attachment: Big Brothers and Big Sisters Mentoring JOIN OUR VILLAGEHigh School Bigs Mentoring https://www.iebigs.org/leadership College Big Mentoring https://bbbs.tfaforms.net/4841271 Community Based Mentoring http://www.iebigs.org/traditional - mentoring/ Donate http://www.IEBigs.org/GIVE 1.a Packet Pg. 22 Attachment: Big Brothers and Big Sisters Mentoring Page 1 Presentation City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: John Valdivia, Mayor Subject: Dr. Margaret Hill Day (All Wards) 2 Packet Pg. 23 A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNNIA, PROCLAIMING JANUARY 19, 2022, AS “MARGARET HILL DAY” IN THE CITY OF SAN BERNARDINO WHEREAS, Dr. Margaret Hill, community icon, leader, longtime San Bernardino City Unified School (SBCUSD) Board Member and known by many as the “Community Mother for All,” passed away Sunday, December 19, 2021. She was 81; and WHEREAS, Dr. Margaret Hill was an amazing woman who for the past 50 years worked tirelessly to further education and opportunities for the children of San Bernardino and the region; and WHEREAS, Dr. Hill served this region for over 50 years. Yet while her longevity is impressive, it is her impact that will be remembered; and WHEREAS, an SBCUSD Board Member since, 2011, Dr. Hill started her local education career in 1971 as a teacher before serving as vice principal at San Bernardino High School. She retired from the SBCUSD in 2003 after sixteen years as principal of San Andreas High School; and WHEREAS, Dr. Hill joined the San Bernardino County Superintendent of Schools Office in 2006, where she served as Assistant Superintendent of Administrative Services until 2012. For the past ten years, Dr. Hill was a Board Member of the SBCUSD, serving as President from 2015-2017; and WHEREAS, Dr. Hill was known for her “Mom Mob” where she led a group of community members and business leaders to join her at the entrance of one San Bernardino school a month to greet students with cheerful good morning smiles, encouragement, music, elbow knocks, fist bumps, and upbeat wishes for a happy day; and WHEREAS, our condolences to all that knew Dr. Hill and were influenced, inspired, and impacted by her significant contributions to our community. NOW, THEREFORE, BE IT RESOLVED, that the City of San Bernardino Mayor and City Council, does hereby proclaim JANUARY 19, 2022, as “DR. MARGARET HILL DAY” We urge all San Bernardino residents, citizens, businesses, educators, students, and community members to pay special tribute and join in honoring and recognizing the valuable contributions made and encourage continued public service in her memory. Presented on this 19th day of January 2022 2.a Packet Pg. 24 Attachment: Attachment 1 - Dr. Margaret Hill Day (8734 : Dr. Margaret Hill Day (All Wards)) Page 1 Appointment City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Theodore Sanchez, Council Member, Ward 1 Subject: Charter Review Committee Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1. Mr. Dailey will replace Roxanna M. Barrera with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Background The Charter Review Committee was established by Resolution No. 2017 -243 on December 20, 2017, and is tasked with completing a period ic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. The Committee is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Councilmember shall nominate one member who will serve during and for the term of the nominating Councilmember, and the Mayor. 2021-2025 Key Strategic Targets and Goals The proposed committee reappointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Mr. Casey A. Dailey to the Charter Review Committee representing Ward 1 with the term ending December 2022. Council Staff has verified that appointee is a registered voter within the City. Attachments Attachment 1 MCC. Boards, Commissions, Committees Application - 3 Packet Pg. 25 8724 Page 2 Casey A. Dailey Attachment 2 Resolution 2017-243 Ward: 1 Synopsis of Previous Council Action: December 20, 2017 Resolution No. 2017-243 establishing the Charter Review Committee was adopted. 3 Packet Pg. 26 3.a Packet Pg. 27 Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Casey A. Dailey (8724 : Charter Review Committee 3.a Packet Pg. 28 Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Casey A. Dailey (8724 : Charter Review Committee 3.a Packet Pg. 29 Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Casey A. Dailey (8724 : Charter Review Committee 3.b Packet Pg. 30 Attachment: Attachment 2 - Resolution 2017-243 (8724 : Charter Review Committee Appointment (Ward 1)) 3.b Packet Pg. 31 Attachment: Attachment 2 - Resolution 2017-243 (8724 : Charter Review Committee Appointment (Ward 1)) 3.b Packet Pg. 32 Attachment: Attachment 2 - Resolution 2017-243 (8724 : Charter Review Committee Appointment (Ward 1)) Page 1 Appointment City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Theodore Sanchez, Council Member, Ward 1 Subject: Animal Control Commission Appointment (Ward 1) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Maria I. Lanas to the Animal Control Commission representing Ward 1 with the term ending December 2022. Council Staf f has verified that appointee is a registered voter within the City. Background The Animal Control Commission was established by Resolution No. 2018 -45 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control within the City of San Bernardino. The Commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter. Members are appointed to this Commission based on demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the Commission. The Commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Councilmember shall nominate one member who will serve during and for the term of the nominating Councilmember and the Mayor. 2020-2025 Key Strategic Targets and Goals The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the appointment of Ms. Maria I. Lanas to the Animal Control Commission with the term ending December 2022. Council Staff has verified that 4 Packet Pg. 33 8725 Page 2 appointee is a registered voter within the City. Attachments Attachment 1 MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment 2 Resolution 2018-45 Ward: 1 Synopsis of Previous Council Action: February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted. 4 Packet Pg. 34 4.a Packet Pg. 35 Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment (8725 : Animal Control 4.a Packet Pg. 36 Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment (8725 : Animal Control 4.a Packet Pg. 37 Attachment: Attachment 1 - MCC. Boards, Commissions, Committees Application - Maria I. Lanas Attachment (8725 : Animal Control 4.b Packet Pg. 38 Attachment: Attachment 2 - Resolution No. 2018-45 (8725 : Animal Control Commission Appointment (Ward 1)) 4.b Packet Pg. 39 Attachment: Attachment 2 - Resolution No. 2018-45 (8725 : Animal Control Commission Appointment (Ward 1)) 4.b Packet Pg. 40 Attachment: Attachment 2 - Resolution No. 2018-45 (8725 : Animal Control Commission Appointment (Ward 1)) Page 1 Discussion City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Ordinance to Allow Contract Approval by Minute Action (All Wards) Recommendation Introduce, read by title only, and waive further reading of Ordinance No. MC -1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution. Background According to the 2010 Census, the City of San Bernardino is the second largest City by population in the inland empire region. Geographically, the City covers approximately 62 square miles, with a majority of the area consisting of residential and commercial activities. Due to the City’s size, and the mandate given to staff to increase services and improve quality of life for residents, departments across the City must routinely engage with consultants and vendors for supplies, materials, equipment, and professional services by entering into contracts. The San Bernardino Municipal Code outlines the City’s formal contract procedure. At present, the Municipal Code requires that all contracts for supplies, materials, and equipment of a value greater than $50,000 be awarded by resolution. Discussion Each fiscal year a large volume of contracts, agreements, and memorandums of understanding are approved by the Mayor and City Council, all of which require the preparation of a resolution and accompanying staff report. The preparation of a resolution for every contract for supplies, materials, and equipment of a value greater than $50,000 can be a time consuming and, therefore, costly pro cess. In addition, the preparation of a resolution along with a staff report and contract adds an additional location in which inconsistencies among City documents can occur. To reduce staff time associated with the approval of contracts or agreements ove r $50,000, and to eliminate an area in which inconsistencies can arise, the Mayor and Council may find it appropriate to authorize the approval of such contracts by minute action in addition to by resolution. The change in procedure outlined by staff would not present any record keeping 5 Packet Pg. 41 8712 Page 2 disadvantages as contracts would still be taken to the City Clerk’s Office and be formally recorded in the meeting minutes. Additionally, when necessary, due to grant requirements for example, the Mayor and City Council may still approve contracts by resolution. 2021-2025 Key Strategic Targets and Goals The adoption of an Ordinance to permit the approval of contracts by minute action in addition to by resolution aligns with Key Target No. 1: Improved Operational and Financial Capacity by reducing costs and associated staff time related to the approval of contracts. Fiscal Impact The adoption of an Ordinance to allow contract approval by minute action will reduce staff costs associated with agenda preparation. Conclusion Introduce, read by title only, and waive further reading of Ordinance No. MC -1569 of the Mayor and City Council of the City of San Bernardino, California, amending Section 3.04.070 of the San Bernardino Municipal Code to permit the approval of contracts by minute action in addition to by resolution. Attachments Attachment 1 Ordinance No. MC-1569 Ward: All Synopsis of Previous Council Actions: None 5 Packet Pg. 42 Ordinance No. MC-1569 1 ORDINANCE NO. MC-1569 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 3.04.070 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE TO PERMIT THE APPROVAL OF CONTRACTS BY MINUTE ACTION IN ADDITION TO BY RESOLUTION WHEREAS, at present, all contracts for supplies, materials, and equipment of a value greater than $50,000 must be awarded by the City Council by resolution; and WHEREAS, the preparation of a resolution for every contract for supplies, materials, and equipment of a value greater than $50,000 can be a time consuming and, therefore, costly process; and WHEREAS, in addition, the preparation of a resolution along with a staff report and the contract adds an additional location in which inconsistencies among city documents can occur; and WHEREAS, in order to reduce the staff time associated with the approval of agreements over $50,000 and to eliminate an area in which inconsistency can arise, the City Council finds it desirable to permit the approval of such contracts by minute action in addition to by resolution; and WHEREAS, because such contracts would still be taken to City Council and the minute action would still formally be recorded in the minutes, there are no recordkeeping disadvantages from this approach; and WHEREAS, when necessary, due to grant requirements for example, the City Council may still approve contracts by resolution. 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 hereby incorporated into this Ordinance is if fully set forth herein. SECTION 2. Amendment of Section 3.04.070. Subsection F of Section 3.04.070 of Title 3 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “F. Award of Contracts. Contracts shall be awarded by the Mayor and City Council, by resolution or minute action, to the lowest and best bidder except as otherwise provided herein.” 5.a Packet Pg. 43 Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8712 : Ordinance to Allow Contract Approval by Ordinance No. MC-1569 2 SECTION 3. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance. SECTION 4. 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 are declared unconstitutional, invalid, or ineffective. SECTION 5. Effective Date. This Ordinance shall become effective 30 days after the date of its adoption. SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____day of ______, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney 5.a Packet Pg. 44 Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8712 : Ordinance to Allow Contract Approval by Ordinance No. MC-1569 3 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-1569, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2022. Ordinance No. MC- 1569 was approved, passed and adopted 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 5.a Packet Pg. 45 Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8712 : Ordinance to Allow Contract Approval by Page 1 Public Hearing City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Oliver Mujica, Planning Division Manager Subject: Urgency Ordinance - Development Code Amendment 21-09 (Urban Lot Splits and Two-Unit Projects) Recommendation Adopt Urgency Ordinance No. MC-1570 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 21 -09 amending Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code adding Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1). Background In September 2021, the California Legislature approved, and the Governor signed into law, Senate Bill No. 9 (“SB 9”) (Attachment 2), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate Urban Lot Splits and Two-Unit Projects. Urban Lot Splits. The Subdivision Map Act (Government Code Section 66410 et seq.) assigns authority to regulate and control the design and improvement of subdivisions to the legislative body of local agencies and establishes procedures governing a local agency’s processing; approval, conditional approval or denial; and the fi ling of tentative and final tract maps and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval, or after any additi onal period as prescribed by local ordinance, not to exceed an additional 12 months, except under certain circumstances. SB 9, among other things, requires local agencies to ministerially approve a parcel map for an Urban Lot Split that meets certain requ irements, including, but not limited to, the following: ✓ The Urban Lot Split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low 6 Packet Pg. 46 8717 Page 2 income. ✓ The parcel is located within a single-family residential zone. ✓ The parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not a site that is legally designated or listed as a city or county landmark or historic property or district. Additionally, SB 9 further establishes what a local agency can and cannot require in approving an Urban Lot Split, including authorizing a local agency to impose objecti ve zoning standards, objective subdivision standards, and objective design standards, except to the extent that those standards would have the effect of physically precluding the construction of two units on either of the resulting parcels or physically pr ecluding either of the two units from being at least 800 square feet in floor area, and prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. Furthermore, SB 9 requires an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the Urban Lot Split, unless the applicant is a community land trust or a qualified nonprofit corporation. SB 9 also prohibits local agencies from imposing any additional owner occupancy standards on applicants for Urban Lot Splits. Two-Unit Projects. SB 9, among other things, requires that a proposed housing development containing no more than two residential units within a single-family residential zone be considered ministerially, without discretionary review or hearing, provided the proposed housing development meets certain requirements, including, but not limited to, the following: ✓ The proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, ✓ The proposed housing development does not allow for the demolition of more than 25 percent of the existing exterior structural walls, except as provided, and ✓ The development is not located within a historic district, is not included o n the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. Furthermore, SB 9 establishes what local agencies can and cannot require in approving the construction of a Two-Unit Project, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and 6 Packet Pg. 47 8717 Page 3 objective design standards, except to the extent that those standards would have the effect of physically precluding the construction of up to two units or physically precluding either of the two units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setti ng maximum setback requirements under all other circumstances. Discussion SB 9 became effective on January 1, 2022, and preempts any conflicting city ordinance. Consequently, Staff has prepared an Urgency Ordinance in accordance with Government Code Section 36937(b), to amend the City’s local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21, and to appropriately regulate projects under SB 9. The proposed Urgency Ordinance will amend Chapter 19.04 (Residential Zones) of the City of San Bernardino Municipal Code by adding Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) to establish procedures and objective standards for the filing and ministerial approval of Urban Lot Split applications by the Community and Economic Development Director, subject to the review and approval of both tentative and final parcel maps. The Urgency Ordinance further amends Chapter 19.04 (Residential Zones) of the City of San Bernardino Municipal Code by adding Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects) to establish procedures and objective standards for the filing and ministerial approval of Two-Unit Project applications by the Community and Economic Development Director. The proposed Urgency Ordinance (Development Code Amendment 21-09) provisions are included as Exhibit “A” (Urban Lot Splits) and Exhibit “B” (Two Unit Projects). The provisions under this Urgency Ordinance shall only apply to single -family residential zones where the only residential use that is allowed as a primary use is a single -family dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones. Staff recommends that the Mayor and City Council approve the proposed Urgency Ordinance to allow sufficient time for City staff to study and prepare a permanent ordinance pertaining to the regulation of Urban Lot Splits and Two -Unit Projects in a manner that complies with the new State law and is consistent with Government Code Sections 65852.21 and 66411.7. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development, as follow: ✓ Housing Goal 3.4: Promote equal housing opportunities for all persons in San Bernardino. ✓ Housing Policy 3.4.1: Provide a regulatory environment in which housing opportunities are available for all persons. The adoption of the Urgency Ordinance and implementation of Development Code Amendment 21-09 is consistent with the City’s General Plan by providing more options 6 Packet Pg. 48 8717 Page 4 for families to maintain and build intergenerational wealth which is crucial to combating inequity and creating social mobility. SB 9 is part of the Senate’s Housing Package, ‘Building Opportunities For All’ that establishes opportunities to make real progressive and positive changes in our communities to strengthen the fabric of our neighborhoods with equity, inclusivity, and affordability. While at the same time, as regulated by Development Code Amendment 21-09, Urban Lot Splits and Two-Unit Projects will be regulated in compliance with California Government Code Sections 65852.21 and 66411.7. 2021-2025 Key Strategic Targets and Goals The Urgency Ordinance (Development Code Amendment 21-09) aligns with Key Target No. 4(a): Economic Growth & Development - Update the General Plan and Development Code. Specifically, updating the Development Code pertaining to the regulation of Urban Lot Splits and Two-Unit Projects complies with the new State law and is consistent with Government Code Sections 65852.21 and 66411.7 . Fiscal Impact There will be no fiscal impact to the City’s General Fund as a result of this action. California Environmental Quality Act Pursuant to California Government Code Section 65852.21(j), the adoption of the Urgency Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA), as the Urgency Ordinance is not considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. I n addition to being statutorily exempt from CEQA, the proposed Urgency Ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines Section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four (4) or fewer parcels. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Urgency Ordinance No. MC-1570 approving Development Code Amendment 21-09 amending Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code adding Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects); and finding the exemption under the California Environmental Quality Act (Attachment 1). Attachments Attachment 1 DCA 21-09 Urgency Ordinance No. MC-1570 (Development Code Amendment 21-09) Attachment 2 DCA 21-09 Urgency Ordinance No. MC-1570; Exhibits A & B Attachment 3 DCA 21-09 California Legislative Information - Senate Bill No. 9 Ward: All 6 Packet Pg. 49 8717 Page 5 Synopsis of Previous Council Actions: None 6 Packet Pg. 50 Urgency Ordinance No. MC-1570 1 URGENCY ORDINANCE NO. MC-1570 URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 21-09 AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES) OF TITLE 19 (DEVELOPMENT CODE) OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE ADDING SECTION 19.04.030(2)(W) (RESIDENTIAL ZONES SPECIFIC STANDARDS – URBAN LOT SPLITS) AND SECTION 19.04.030(2)(X) (RESIDENTIAL ZONES SPECIFIC STANDARDS – TWO-UNIT PROJECTS); AND FINDING THE EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law Senate Bill No. 9 (“SB 9”), which among other things, adds Government Code Sections 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two- unit projects; and WHEREAS, SB 9 allows local agencies to adopt objective design, development, and subdivision standards for urban lot splits and two-unit projects; and WHEREAS, SB 9 takes effect January 1, 2022, and preempts any conflicting city ordinance; and WHEREAS, the City desires to amend its local regulatory scheme to comply with Government Code Sections 66411.7 and 65852.21 and to appropriately regulate projects under SB 9; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of the new SB 9 law because if the City does not adopt appropriate objective standards for urban lot splits and two-unit projects under SB 9 as of January 1, 2022, the City would thereafter be limited to applying the few objective standards that are already in its code, which did not anticipate and were not enacted with urban lot splits and ministerial two-unit projects in mind; and WHEREAS, the approval of urban lot splits and two-unit projects based solely on the City’s default standards, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this Ordinance as an Urgency Ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and 6.a Packet Pg. 51 Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570 2 WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b). 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. Under California Government Code Sections 65852.21, subd. (j), and 66411.7, subd. (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code Sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed Ordinance is statutorily exempt from CEQA in that the proposed Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, the proposed Ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines Section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four (4) or fewer parcels. Here, the Ordinance is categorically exempt under the Class 15 exemption because the Ordinance regulates a single urban lot split of one parcel into two (2) separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed Ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines Section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi-family residential structure totaling no more than four (4) dwelling units as examples of activity that expressly falls within this exemption. Here, the Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two (2) primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the Mayor and City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines Section 15300.2, apply here. Specifically, the Mayor and City Council finds, as follows: (1) The administrative record has been completed in compliance with the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The determination of each independent CEQA exemption reflects the independent judgment of the Mayor and City Council. Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of this Ordinance. 6.a Packet Pg. 52 Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570 3 SECTION 3. Finding of Facts – Development Code Amendment 21-09 Finding No. 1: The proposed amendment is consistent with the General Plan. Finding of Fact: Development Code Amendment 21-09 is consistent with the General Plan, as follows: ✓ Housing Goal 3.4: Promote equal housing opportunities for all persons in San Bernardino. ✓ Housing Policy 3.4.1: Provide a regulatory environment in which housing opportunities are available for all persons. The adoption of the Urgency Ordinance and implementation of Development Code Amendment 21-09 is consistent with the City’s General Plan by providing more options for families to maintain and build intergenerational wealth which is crucial to combatting inequity and creating social mobility. SB 9 is part of the Senate’s Housing Package, ‘Building Opportunities For All’ that establishes opportunities to make real progressive and positive changes in our communities to strengthen the fabric of our neighborhoods with equity, inclusivity, and affordability. While at the same time, as regulated by Development Code Amendment 21- 09, urban lot splits and two-unit projects will be regulated in compliance with California Government Code Sections 65852.21 and 66411.7. 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 21-09 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. SECTION 4. Chapter 19.04 (Residential Zones) of Title 19 (Development Code) of the City of San Bernardino Municipal Code is hereby amended and to add Section 19.04.030(2)(W) (Residential Zones Specific Standards - Urban Lot Splits) and Section 19.04.030(2)(X) (Residential Zones Specific Standards - Two-Unit Projects) as provided in Exhibit “A” and Exhibit “B” respectively, each of which is attached hereto and incorporated herein by reference. SECTION 5. This Urgency Ordinance takes effect immediately upon its adoption. SECTION 6. The City Clerk shall either: (a) have this Urgency Ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this Ordinance published twice in a newspaper of general circulation, once five days before its adoption and again within 15 days after its adoption. 6.a Packet Pg. 53 Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570 4 SECTION 7. If any provision of this Urgency Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Urgency Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Urgency Ordinance are severable. The City Council declares that it would have adopted this Urgency Ordinance irrespective of the invalidity of any portion thereof. SECTION 8. The City Council hereby directs staff to prepare, execute, and file with the County of San Bernardino Clerk a notice of exemption within five (5) working days of the adoption of this Urgency Ordinance. SECTION 9. Custodian of Records. The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Mayor and City Council based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002. 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 6.a Packet Pg. 54 Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - Urgency Ordinance No. MC-1570 5 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 Urgency Ordinance No. MC-1570, 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 6.a Packet Pg. 55 Attachment: Attachment 1 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance No. MC-1570 (8717 : Urgency Ordinance - EXHIBIT “A” SECTION 19.04.030(2) – RESIDENTIAL ZONES SPECIFIC STANDARDS W. URBAN LOT SPLITS 1. Purpose. The purpose of this subpart (W) is to allow and appropriately regulate urban lot splits in accordance with Government Code Section 66411.7. 2. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section. 3. Application. a. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code §402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by §214.15). b. An application for an urban lot split must be submitted on the City’s approved form. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. c. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The Mayor and City Council may establish and change the fee by resolution. The fee must be paid with the application. 4. Approval. a. An application for a parcel map for an urban lot split is approved or denied ministerially, by the Community and Economic Development Director, or his or her designee, without discretionary review. b. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires three months after approval. c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this Code. 6.b Packet Pg. 56 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency 5. Requirements. An urban lot split must satisfy each of the following requirements: a. Map Act Compliance. i. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code §66410 et. seq., “SMA”), including implementing requirements in this Code, except as otherwise expressly provided in this section. ii. If an urban lot split violates any part of the SMA, the City’s subdivision regulations, including this subpart (W), or any other legal requirement: a) The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. b) The City has all the remedies available to it under the SMA, including but not limited to the following: (I) An action to enjoin any attempt to sell, lease, or finance the property. (II) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. (III) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor. (IV) Record a notice of violation. (V) Withhold any or all future permits and approvals. iii. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an urban lot split. b. Zone. The lot to be split is in a single-family residential zone. For purposes of this subpart (W), a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones. c. Lot Location. i. The lot to be split is not located on a site that is any of the following: 6.b Packet Pg. 57 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency a) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. b) A wetland. c) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. d) A hazardous waste site that has not been cleared for residential use. e) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. f) Within a 100-year flood hazard area, unless the site has either: (I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. g) Within a regulatory floodway, unless all development on the site has received a no-rise certification. h) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. i) Habitat for protected species. j) Land under conservation easement. ii. The purpose of subpart (W)(e)(3)(A) above is merely to summarize the requirements of Government Code Section 65913.4(a)(6)(B)– (K). (See Gov. Code §66411.7(a)(3)(C).) d. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district. e. No Prior Urban Lot Split. 6.b Packet Pg. 58 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency i. The lot to be split was not established through a prior urban lot split. ii. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. f. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing: i. Housing that is income-restricted for households of moderate, low, or very low income. ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power. iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. iv. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. g. Lot Size. i. The lot to be split must be at least 2,400 square feet. ii. The resulting lots must each be at least 1,200 square feet. iii. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area. h. Easements. i. The owner must enter into an easement agreement with each public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots. ii. Each easement must be shown on the tentative parcel map. iii. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded 6.b Packet Pg. 59 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency against the property before the final map may be approved, in accordance with subpart (W)(d)(2) above. i. Lot Access. i. Each resulting lot must adjoin the public right of way. ii. Each resulting lot must have frontage on the public right of way of at least 12.5 feet. j. Unit Standards. i. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under Subpart (X) of this Code, an ADU, or a JADU ii. Unit Size. a) The total floor area of each primary dwelling that is developed on a resulting lot must be (I) less than or equal to 800 and (II) more than 500 square feet. b) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded. c) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split. iii. Height Restrictions. a) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. b) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. 6.b Packet Pg. 60 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency c) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split. iv. Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. v. Open Space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. vi. Setbacks. a) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. b) Exceptions. Notwithstanding subpart (W)5.j.vi above: (I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (II) 800 square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. c) Front Setback Area. Notwithstanding any other part of this Code, dwellings that are constructed after an urban lot split must be at least 20 feet from the front property lines. The front setback area must: (I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought- tolerant plants, with vegetation and irrigation plans; (III) allow for vehicular and fire-safety access to the front structure. vii. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies: 6.b Packet Pg. 61 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency a) The lot is located within one-half mile walking distance of either (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II) a site that contains (ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or (ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. b) The site is located within one block of a car-share vehicle location. viii. Architecture. a) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c) All exterior lighting must be limited to down-lights. d) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. e) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six 6.b Packet Pg. 62 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. ix. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. b) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. c) All landscaping must be drought-tolerant. x. Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected. xi. Utilities. a) Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider. b) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. xii. Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use. k. Fire-Hazard Mitigation Measures. i. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures: a) It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. b) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. 6.b Packet Pg. 63 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency c) All enclosed structures on the site must have fire sprinklers. d) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right of way or of an onsite fire hydrant or standpipe. e) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire- authority standard pump and hose equipment. ii. Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire- hazard mitigation measures in accordance with this subpart (W)5.k. The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City’s costs for inspection. Failure to pay is grounds for denying the application. l. Separate Conveyance. i. Within a resulting lot. a) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other. b) Condominium airspace divisions and common interest developments are not permitted on a lot that is created by an urban lot split. c) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners. ii. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate Covenants, Conditions & Restrictions (CC&Rs), easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots. m. Regulation of Uses. i. Residential-only. No non-residential use is permitted on any lot created by urban lot split. 6.b Packet Pg. 64 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency ii. No Short Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days. iii. Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of three years after the urban lot split is approved. n. Notice of Construction. i. At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: a) Notice that construction has been authorized, b) The anticipated start and end dates for construction, c) The hours of construction, d) Contact information for the project manager (for construction-related complaints), and e) Contact information for the Building & Safety Division. ii. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. o. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following: i. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. ii. Expressly prohibits any non-residential use of the lots created by the urban lot split. iii. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. iv. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development. 6.b Packet Pg. 65 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency 6. Specific Adverse Impacts. a. Notwithstanding anything else in this subpart (W), the City may deny an application for an urban lot split if the Building Official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. “Specific adverse impact” has the same meaning as in Gov. Code §65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g). c. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. 6.b Packet Pg. 66 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency EXHIBIT “B” SECTION 19.04.030(2) – RESIDENTIAL ZONES SPECIFIC STANDARDS X. TWO-UNIT PROJECTS 1. Purpose. The purpose of this subpart (X) is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21. 2. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section. 3. Application. a. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15). b. An application for a two-unit project must be submitted on the City’s approved form. c. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application. d. Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted. e. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The Mayor and City Council may establish and change the fee by resolution. The fee must be paid with the application. 4. Approval. a. An application for a two-unit project is approved or denied ministerially, by the Community and Economic Development Director, or his or her designee, without discretionary review. b. The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements. 6.b Packet Pg. 67 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency c. The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter. d. The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code. 5. Requirements. A two-unit project must satisfy each of the following requirements: a. Map Act Compliance. The lot must have been legally subdivided. b. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot and only includes the Residential Estate (RE), Residential Low (RL) and Residential Suburban (RS) zones c. Lot Location. i. The lot is not located on a site that is any of the following: a) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. b) A wetland. c) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. d) A hazardous waste site that has not been cleared for residential use. e) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. f) Within a 100-year flood hazard area, unless the site has either: (I) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or (II) meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program. 6.b Packet Pg. 68 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency g) Within a regulatory floodway, unless all development on the site has received a no-rise certification. h) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. i) Habitat for protected species. j) Land under conservation easement. ii. The purpose of subpart (X)(e)(3)(A) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)– (K). (See Gov. Code §66411.7(a)(3)(C).) d. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or County landmark or as a historic property or district. e. No Impact on Protected Housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing: i. Housing that is income-restricted for households of moderate, low, or very low income. ii. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power. iii. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application. iv. Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement. f. Unit Standards. i. Quantity. a) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of 6.b Packet Pg. 69 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this Subpart (X) of this Code, an ADU, or a JADU. b) A lot that is not created by an urban lot split may have a two- unit project under this subpart (X), plus any ADU or JADU that must be allowed under state law and the City’s ADU ordinance. ii. Unit Size. a) The total floor area of each primary dwelling built that is developed under this section must be (I) less than or equal to 800 and (II) more than 500 square feet. b) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two- unit project. The unit may not be expanded. c) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two- unit project. iii. Height Restrictions. a) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure. b) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback. c) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project. iv. Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. 6.b Packet Pg. 70 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency v. Lot Coverage. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. vi. Open Space. This open space standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each. vii. Setbacks. a) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone. b) Exceptions. Notwithstanding subpart (X)(e)(6)(G) above: (I) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (II) 800 square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line. c) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 20 feet from the front property lines. The front setback area must: (I) be kept free from all structures greater than three feet high; (II) be at least 50 percent landscaped with drought- tolerant plants, with vegetation and irrigation plans; (III) allow for vehicular and fire-safety access to the front structure. viii. Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies: a) The lot is located within one-half mile walking distance of either 6.b Packet Pg. 71 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency (I) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or (II) a site that contains (ia) an existing rail or bus rapid transit station, (ib) a ferry terminal served by either a bus or rail transit service, or (ic) the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. b) The site is located within one block of a car-share vehicle location. ix. Architecture. a) If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. b) If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof. c) All exterior lighting must be limited to down-lights. d) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight. e) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass. x. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows: 6.b Packet Pg. 72 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency a) At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24” box size plant shall be provided for every ten linear feet of exterior wall. b) Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least 6 feet in height may be installed. c) All landscaping must be drought-tolerant. xi. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected. xii. Utilities. a) Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider. b) Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. xiii. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code. g. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures: i. It must have direct access to a public right of way with a paved street with a width of at least 40 feet. The public right of way must have at least two independent points of access for fire and life safety to access and for residents to evacuate. ii. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone. iii. All enclosed structures on the site must have fire sprinklers. iv. All sides of all dwellings on the site must be within a 150-foot hose- pull distance from either the public right of way or of an onsite fire hydrant or standpipe. v. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority 6.b Packet Pg. 73 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency approved hookups compatible with fire-authority standard pump and hose equipment. h. Separate Conveyance. i. Primary dwelling units on the lot may not be owned or conveyed separately from each other. ii. Condominium airspace divisions and common interest developments are not permitted within the lot. iii. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners. i. Regulation of Uses. i. Residential-only. No non-residential use is permitted on the lot. ii. No Short Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days. iii. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile. j. Notice of Construction. i. At least 30 business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information: a) Notice that construction has been authorized, b) The anticipated start and end dates for construction, c) The hours of construction, d) Contact information for the project manager (for construction-related complaints), and e) Contact information for the Building & Safety Division. ii. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation. 6.b Packet Pg. 74 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency k. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following: i. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days. ii. Expressly prohibits any non-residential use of the lot. iii. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. iv. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. v. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development. 6. Specific Adverse Impacts. a. Notwithstanding anything else in this subpart (X), the City may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. b. “Specific adverse impact” has the same meaning as in Gov. Code §65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g). c. The Building Official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. 7. Remedies. If a two-unit project violates any part of this code or any other legal requirement: a. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract. b. The city may: i. Bring an action to enjoin any attempt to sell, lease, or finance the property. 6.b Packet Pg. 75 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency ii. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief. iii. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor. iv. Record a notice of violation. v. Withhold any or all future permits and approvals. vi. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code. 6.b Packet Pg. 76 Attachment: Attachment 2 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A1.Ordinance.Exhibits A and B [Revision 1] (8717 : Urgency 6.c Packet Pg. 77 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 78 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 79 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 80 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 81 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 82 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 83 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - 6.c Packet Pg. 84 Attachment: Attachment 3 - DCA 21-09.Urgency Ordinance Senate Bill No 9.A2.California Legislative Information (8717 : Urgency Ordinance - Page 1 Public Hearing City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Ordinance Adjusting the Salary for the Position of Mayor (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider the basis and salary data for adjusting the salary for the position of Mayor, provide direction for modification or receive and file the data as presented; and 2. If decided by the City Council, introduce, read by title only, and waive further reading of Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an amount determined by the City Council. Background At the October 20, 2021, Mayor and City Council meeting, staff was instructed to evaluate options for adjusting the salary of the Mayor to appropriately reflect the duties of the office following the voters’ adoption of the City Charter in 2016. The San Bernardino City Charter establishes the authority for setting compensation of the Mayor and Council members. Specifically, City Charter Article III, Section 305 titled “Compensation; Expenses” states: “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.” 7 Packet Pg. 85 8743 Page 2 The Mayor and City Council established the Elected Official Compensation Advisory Commission on February 21, 2018 (Ordinance MC-1463). The nine-member commission was tasked with serving in an advisory capacity to the Mayor and City Council in making recommendations relating to the compensation of city -elected officials. The commission conducts compensation surveys of city-elected officials in other California charter and/or general law cities, reviews Government Code provisions for compensation of city-elected officials and provides compensation recommendations to the Mayor and City Council pursuant to Section 305 of the City Charter. Recently, in response to direction from the City Council, the Elected Officials Compensation Advisory Commission was reactivated. The Elected Officials Compensation Advisory Commission has met (3) three times in 2021 (October 13, November 10, and November 30), however the commission had yet to formalize a recommendation on the compensation for elected officials. Currently, the San Bernardino Municipal Code defines the compensation for both the Mayor and Council Members. More specifically the compensation for Mayor, is noted in Section 2.82.010 of the San Bernardino Municipal Code (titled “Compensation of Mayor”), which states: “Commencing January 1, 2019, the Mayor shall receive the following compensation: a) annual salary of fifty percent (50%) of the salary of a Superior Court Judge in the County of San Bernardino, subject to annual adjustment to be implemented January 1 of each subsequent year; b) Employer health benefits contribution equivalent to that offered by the City to management employees; and c) an auto allowance of $725 per month. The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business -related travel and further exclusive of any amounts payable to the Mayor for out -of-town attendance on City-related business.” At the December 15, 2021, Mayor and City Council meeting, the City Council directed staff to return with the basis and salary data for adjusting the salary of the position of Mayor. Discussion Under California 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". Given the City of San Bernardino is a "charter" city as contrasted to a "general law" city, staff surveyed charter cities in both San Bernardino 7 Packet Pg. 86 8743 Page 3 and Riverside counties. The current basis for the Mayor’s annual salary, defined by Municipal Code Section 2.82.010 can be traced back to January 2003, which pre-dates the City’s current form of government (see Attachment 6). In November 2016, with the adoption of the current Charter, the City transitioned to a Council-Manager form of government (see Attachment 7). Previously, the Charter designated the Mayor as the Chief Executive Officer, while today the Charter designates the City Manager as the Chief of Executive Officer. Using the League of Cities Charter Cities list consisting of 121 cities, fourteen (14) charter cities with the same form of government were identified in San Bernardino and Riverside Counties (see Attachment 1). The salary data from the fourteen (14) survey cities is available in Attachment 2 and Attachment 3. The average base yearly salary of the fourteen (14) survey cities is $29,501. When analyzing the survey data, including the city charter and municipal code for each of the cities, seven (7) cities have directly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure. Of the seven (7) cities, five (5) cities establish authority, powers, and duties for the directly elected position of Mayor in their respective charters. The average yearly base salary of the five (5) cities is $50,040, which consists of Adelanto, Needles, San Bernardino, Palm Springs, and Riverside (see Attachment 4). As outlined in the City of San Bernardino Charter, the City Council has the authority to adjust the compensation package of elected officials including the position of Mayor by ordinance following a public hearing, while giving due consideration to the recommendations of an advisory commission. At its January 10, 2022 meeting, the Elected Officials Compensation Advisory Commission by unanimous vote recommended the basis for setting salary of the position remain the same. At present, the City Council after discussing the survey results may consider whether to, and to what degree, the salary for the position of Mayor should be adjusted to appropriately reflect the duties of the office following the 2016 amendment of the City Charter or provide staff direction for modification of the survey data . It is important to underscore, the salary of an incumbent may not be reduced during their current term, instead the salary adjustment would be effective at the beginning of the new term, December 2022. 2021-2025 Key Strategic Targets and Goals Reviewing and discussing the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter aligns with Key Target No. 1: Focused Aligned Leadership and Unified Community. Fiscal Impact There is no fiscal impact associated with preparing the salary survey and with the Mayor and City Council introducing and waiving further reading of Ordinance No. MC-1571. Conclusion 7 Packet Pg. 87 8743 Page 4 It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider the basis and salary data for adjusting the salary for the position of Mayor, provide direction for modification or receive and file the data as presented; and 2. If decided by the City Council, introduce, read by title only, and waive further reading of Ordinance No. MC-1571 of the Mayor and City Council of the City of San Bernardino, California, amending Chapter 2.82.010 of the San Bernardino Municipal Code to adjust the salary of the Mayor to appropriately reflect the duties of the office following the 2016 amendment of the City Charter to an amount determined by the City Council. Attachments Attachment 1 League of California Cities List of Charter Cities Attachment 2 Salary Data, Charter Cities Attachment 3 Salary Data, Charter Duties Attachment 4 Salary Data, Cities w Mayor Duties Outlined in Charter Attachment 5 Ordinance No. MC-1571 Attachment 6 City Charter (Previous) Attachment 7 City Charter (Current) Ward: All Synopsis of Previous Council Actions: October 20, 2021 At the October 20, 2021, Mayor and City Council meeting, staff was instructed to evaluate options for adjusting the salary of the Mayor to appropriately reflect the duties of the office following the 2016 charter amendment. December 15, 2021 At the December 15, 2021, Mayor and City Council meeting, staff was directed to return with the basis and salary data for adjusting the salary of the position of Mayor. 7 Packet Pg. 88 Charter Cities Adelanto Alameda Albany Alhambra Anaheim Arcadia Bakersfield Bell Berkeley Big Bear Lake Buena Park Burbank Carlsbad Cerritos Chico Chula Vista Compton Culver City Cypress Del Mar Desert Hot Springs Dinuba Downey El Cajon El Centro Eureka Exeter Folsom Fortuna Fresno Gilroy Glendale Grass Valley Hayward Huntington Beach Indian Wells Industry Inglewood Irvine Irwindale King City Kingsburg Lancaster La Quinta Lemoore Lindsay Loma Linda Long Beach Los Alamitos Los Angeles Marina Marysville Merced Modesto Monterey Mountain View Napa Needles Newport Beach Norco Oakland Oceanside Oroville Pacific Grove Palm Desert Palm Springs Palmdale Palo Alto Pasadena Petaluma Piedmont Placentia Pomona Port Hueneme Porterville Rancho Mirage Redondo Beach Redwood City Richmond Riverside Roseville Sacramento Salinas San Bernardino San Diego San Francisco San Jose San Leandro Attachment 1 7.a Packet Pg. 89 Attachment: Attachment 1 League of California Cities List of Charter Cities (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All San Luis Obispo San Marcos San Mateo San Rafael San Ramon Sand City Santa Ana Santa Barbara Santa Clara Santa Cruz Santa Maria Santa Monica Santa Rosa Santee Seal Beach Shafter Signal Hill Solvang Stockton Sunnyvale Temple City Torrance Truckee Tulare Vallejo Ventura Vernon Victorville Visalia Vista Watsonville Whittier Woodlake Total Cities: 121 7.a Packet Pg. 90 Attachment: Attachment 1 League of California Cities List of Charter Cities (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All City County Form of Government Mayor Elected or Appointed Charter Duties Vote Veto Power Population Median Household Income Base Monthly Base Yearly Adelanto San Bernardino Council-Manager Directly Elected Y Y N 38,046 45,380 924 11,088 Big Bear Lake San Bernardino Council-Manager Council Appointed N Y N 5,046 51,060 300 3,600 Loma Linda San Bernardino Council-Manager Council Appointed N Y N 24,791 55,607 1,067 12,801 Needles San Bernardino Council-Manager Directly Elected Y N Y 4,931 33,717 1 12 San Bernardino San Bernardino Council-Manager Directly Elected Y N Y 222,101 45,834 9,378 112,536 Victorville San Bernardino Council-Manager Council Appointed N Y N 134,810 53,957 943 11,314 Salary Data Attachment 2 7.b Packet Pg. 91 Attachment: Attachment 2 Salary Data, Charter Cities (8743 : Ordinance Adjusting the Salary for the City County Form of Government Mayor Elected or Appointed Charter Duties Vote Veto Power Population Median Household Income Base Monthly Base Yearly Salary Data Desert Hot SpringsRiverside Council-Manager Directly Elected N Y N 32,512 33,046 1,429 17,151 Indian Wells Riverside Council-Manager Council Appointed N Y N 4,757 107,500 1,559 18,710 La Quinta Riverside Council-Manager Directly Elected N Y N 37,558 77,839 2,800 33,600 Norco Riverside Council-Manager Council Appointed N Y N 26,316 102,817 550 6,600 Palm Desert Riverside Council-Manager Council Appointed N Y N 51,163 59,977 2,076 24,915 Palm Springs Riverside Council-Manager Directly Elected Y Y N 44,575 53,441 3,650 43,800 7.b Packet Pg. 92 Attachment: Attachment 2 Salary Data, Charter Cities (8743 : Ordinance Adjusting the Salary for the City County Form of Government Mayor Elected or Appointed Charter Duties Vote Veto Power Population Median Household Income Base Monthly Base Yearly Salary Data Rancho Mirage Riverside Council-Manager Council Appointed N Y N 16,999 78,682 2,843 34,116 Riverside Riverside Council- Manager Directly Elected Y N N 314,998 69,045 6,897 82,764 Top Base Yearly 112,536 Methodology Bottom Base Yearly 12 All Charter Cities Riverside + San Bernardino Counties as noted in League of California Cities List of Charter Cities Average Base Yearly 29,501 Median Base Yearly 17,931 Data Sources https://data.census.gov/cedsci/ City websites, municipal code, charter, and salary schedules 7.b Packet Pg. 93 Attachment: Attachment 2 Salary Data, Charter Cities (8743 : Ordinance Adjusting the Salary for the City County Mayor Charter Duties (Charter Section not listed then Charter is silent) Adelanto San Bernardino Charter Article VI, Section 601, (b) The Mayor shall, in addition performance of his/her duties as Mayor, preside at all City Council meetings, represent the City as the ceremonial head of City Government, and perform such other acts as may be required of him/her, as directed by the City Council, consistent with this Charter, ordinance of the City, other applicable law, or law applicable to general law cities with directly elected mayors. Except as otherwise provided herein and/or provided by state law or ordinance of the City, the elected Mayor shall be considered a regular voting member of the City Council, for all purposes under, and subject to, the terms of this Charter. In the case of the absence or disability of the Mayor, the Mayor Pro Tempore shall act in his/her place and stead. Municipal Code indicates Mayor has the same power and duties as the City Council. Big Bear Lake San Bernardino Loma Linda San Bernardino Needles San Bernardino Charter Article IV, Sec. 455. Powers vested in the mayor. The mayor shall be presiding officer of the city council. He shall have a voice in all its proceedings, but shall not be empowered to move or second council action. He shall be empowered to vote in said council only to break a tie vote. The mayor shall possess veto power over any council action taken by less then 3/4 vote of those present, but this veto shall only be exercised during the same meeting and immediately following the ordinance, resolution, or motion in question. The city council can override such veto by a 3/4 vote of its members present. The mayor shall be official head of the city and shall perform such other duties consistent with his office as may be prescribed by this Charter or as may be imposed by the council. Section 508, May call special meetings at any time. Section 509, May designate place of meetings. Section 518, Signs all ordinances and resolutions. Section 525, signs contracts. Salary Data - Charter Duties Attachment 3 7.c Packet Pg. 94 Attachment: Attachment 3 Salary Data, Charter Duties (8743 : Ordinance Adjusting the Salary for the City County Mayor Charter Duties (Charter Section not listed then Charter is silent) Salary Data - Charter Duties San Bernardino San Bernardino Charter Article III, 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 (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. Victorville San Bernardino Desert Hot SpringsRiverside Indian Wells Riverside La Quinta Riverside Norco Riverside Palm Desert Riverside Palm Springs Riverside Charter Article III, Section 302. The office of mayor shall be filled by direct at large election of the voters of the City. The mayor shall serve for a term of four years and until his or her successor qualifies. The mayor shall be the head of the City for all ceremonial purposes. The mayor may make and second motions and shall have a voice and vote in all city council proceedings. The mayor shall serve as the primary, but not exclusive, spokesperson of the City. The mayor shall perform such other duties consistent with his or her office as may be prescribed by this Charter, or as may be imposed by the city council. Rancho Mirage Riverside 7.c Packet Pg. 95 Attachment: Attachment 3 Salary Data, Charter Duties (8743 : Ordinance Adjusting the Salary for the City County Mayor Charter Duties (Charter Section not listed then Charter is silent) Salary Data - Charter Duties Riverside Riverside City Charter Article IV, Section 405: The Mayor shall be the presiding officer at all meetings of the City Council and shall have a voice in all its proceedings but shall not vote except to break a City Council tie-vote which exists for any cause. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall have the primary but not exclusive responsibility for interpreting the policies, programs and needs of the City government to the people, and of informing the people of any major change in policy or program. The Mayor shall advise the City Council on all matters of policy and public relations and perform such other duties as may be prescribed by this Charter. During the months of January or February, the Mayor shall deliver a State of the City message at any location within the City that the Mayor deems appropriate at which the Mayor will present the Mayor's programs, objectives and priorities. 7.c Packet Pg. 96 Attachment: Attachment 3 Salary Data, Charter Duties (8743 : Ordinance Adjusting the Salary for the City County Form of Government Mayor Elected or Appointed General Law vs Charter Population Median Household Income Base Monthly Base Yearly Adelanto San Bernardino Council-Manager Directly Elected Charter 38,046 45,380 924 11,088 Needles San Bernardino Council-Manager Directly Elected Charter 4,965 21,148 1 12 San Bernardino San Bernardino Council-Manager Directly Elected Charter 222,101 45,834 9,378 112,536 Palm Springs Riverside Council-Manager Directly Elected Charter 44,575 53,441 3,650 43,800 Riverside Riverside Council- Manager Directly Elected Charter 314,998 69,045 6,897 82,764 Top Base Yearly 112,536 Bottom Base Yearly 12 Data Sources Average Base Yearly 50,040 https://data.census.gov/cedsci/Median Base Yearly 43,800 City Websites, municipal code, charter, and salary schedules Salary Data - Cities with the Mayor's duties outlined in Charter Attachment 4 7.d Packet Pg. 97 Attachment: Attachment 4 Salary Data, Cities w Mayor Duties Outlined in Charter (8743 : Ordinance Ordinance No. MC-1571 1 ORDINANCE NO. MC-1571 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING SECTION 2.82.010 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE ESTABLISHING COMPENSATION OF MAYOR WHEREAS, Article XI, Section 5 of the California Constitution authorizes the City of San Bernardino, as a charter city, to provide for the compensation of Mayor; WHEREAS, Section 305 of the new City Charter adopted by voters and Municipal Code Chapter 2.19 require that compensation for elected officials be adopted by ordinance, after public hearing, and considering the recommendation of an advisory commission; and WHEREAS, on February 21, 2018, the Elected Official Compensation Advisory Commission (the "Commission") was established by Ordinance No. MC-1463; and WHEREAS, on December 15, 2021, the City Council directed staff to return with the basis and salary data for adjusting the salary of the position of Mayor; and WHEREAS, fourteen charter cities in both San Bernardino and Riverside counties were identified using the League of California Cities List of Charter Cities; and WHEAREAS, seven of the charter cities have directly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure; and WHEREAS, five of the charter cities establish authority, powers, and duties for the directly elected position of Mayor in their respective charters; and WHEREAS, the average yearly base salary of the five cities is $50,040; and WHEREAS, at its January 10, 2022 meeting, the Elected Officials Compensation Advisory Commission by unanimous vote recommended the basis for setting salary of the position remain unchanged. 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 hereby incorporated into this Ordinance is if fully set forth herein. SECTION 2. Amendment of Section 2.82.010. Title 2, Chapter 2.82, Section 2.82.010 of the San Bernardino Municipal Code is hereby amended in its entirety to read as follows: “2.82.010 Compensation of Mayor 7.e Packet Pg. 98 Attachment: Attachment 5 Ordinance No. MC-1571 (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) Ordinance No. MC-1571 2 Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation: A. Annual salary of $___________; B. Employer health benefits contribution equivalent to that offered by the City to management employees; and C. An auto allowance of $725 per month. The compensation set forth herein shall be paid without regard to the number of City Council meetings attended by the Mayor. The Mayor may waive all or any portion of her or his own compensation. The compensation set forth herein is exclusive of any amounts payable to the Mayor as per day compensation for City business-related travel and further exclusive of any amounts payable to the Mayor for out of town attendance on City-related business.” SECTION 3. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance. SECTION 4. 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 are declared unconstitutional, invalid, or ineffective. SECTION 5. Effective Date. In accordance with Section 305, this Ordinance shall become effective on the date of the commencement of the term of the Mayor elected at the next regular election. SECTION 6. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____day of ______, 2022. 7.e Packet Pg. 99 Attachment: Attachment 5 Ordinance No. MC-1571 (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) Ordinance No. MC-1571 3 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney 7.e Packet Pg. 100 Attachment: Attachment 5 Ordinance No. MC-1571 (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) Ordinance No. MC-1571 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 Ordinance No. MC-1571, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2022. Ordinance No. MC-1571 was approved, passed and adopted 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 7.e Packet Pg. 101 Attachment: Attachment 5 Ordinance No. MC-1571 (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-1 ANNOTATED CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA THIS CHARTER EFFECTIVE MARCH 6, 2006 EXCEPT THOSE SECTIONS OTHERWISE NOTED) RATIFIED BY THE VOTERS AT THE ELECTION ON NOVEMBER 2, 2004, FILED IN THE OFFICE OF THE SECRETARY OF STATE OF THE STATE OF CALIFORNIA ON MARCH 16, 2005 AND ASSIGNED CHARTER CHAPTER NUMBER 26 FOR PUBLICATION IN THE STATUTES OF 2005, AS AMENDED BY SPECIAL ELECTION HELD NOVEMBER 4, 2014. Rev. October 2016] Return to Municipal Code Contents] Attachment 6 7.f Packet Pg. 102 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-2 Contents: PREAMBLE ARTICLE I BOUNDARIES, RIGHTS AND LIABILITIES Section 1 Powers of City Section 2 Boundaries - Jurisdiction Section 3 Time and Change of Boundaries ARTICLE II ELECTIVE OFFICERS AND ELECTIONS Section 10 Primary and General Election Section 10-A Election to Office Section 11 Provision for Elections - Returns - Certificate Section 11-A Compensation For Officers Section 12 Approval and Filing of Bond Section 13 Officers Elected Section 14 Officers and Terms Section 14-A Vacancy on Council Section 14-B Consolidated General Election Section 15 Vacancies Section 16 Military Leave of Absence Bonds and Salaries Section 20 Approval of Bonds Section 21 City Officials as Surety - Form - Liability - Bond of Surety Company Section 23 Additional bond - Vacancy Section 24 Salary of Mayor Section 24-A Salary of Council Section 24-B Salary of City Clerk Rev. October 2016] Return to Municipal Code Contents] 7.f Packet Pg. 103 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-3 ARTICLE III LEGISLATIVE DEPARTMENT - THE COMMON COUNCIL Section 30 Legislative Power Section 31 Ordinances - Adoption - Emergency and Urgency Section 32 Ordinances - Enacting Clause Section 33 Ordinances - Publication Section 34 Powers of Common Council - Written Charges Section 35 Meetings - Time of - Adjournments Section 36 Mayor to Preside - Temporary Absence of Mayor; Mayor Temporarily Unable to Perform Duties Section 37 Council Committees Section 39 Power to Override Mayor Subjects of Legislation Section 40 Powers of Mayor and Common Council Section 41 System for Assessment, Levy, and Collection of Taxes ARTICLE IV ELECTED MUNICIPAL OFFICERS Mayor Section 50 Chief Executive Officer Section 51 Appointments and Vacancies Section 52 Supervision by Mayor City Attorney Section 55 Position - Duties - Salary City Clerk Section 60 Duties Rev. October 2016] [Return to Charter Contents] Return to Municipal Code Contents] 7.f Packet Pg. 104 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-4 City Assessor Section 65 of the 1905 Charter repealed by election held on February 06, 1973) Treasurer Section 70 Duties Section 90 Veto Power of Mayor in Community Development Commission ARTICLE V CITY MANAGER Section 100 Selection and Qualifications Section 101 Assistant City Manager Section 102 Authority and Duties of the City Manager Section 103 Vacancy Section 104 Mayor and Common Council's Authority Over the City Manager and Other City Employees Section 105 Non-Eligibility of Elected Officials ARTICLE V JUDICIAL DEPARTMENT Article V of the 1905 Charter, Judicial Department repealed by election held February 06, 1973) ARTICLE VI RESERVED Article VI of the 1905 Charter repealed by election held February 06, 1973) ARTICLE VII INITIATIVE, REFERENDUM AND RECALL Section 120 The Initiative Section 121 The Referendum Section 122 The Recall Rev. October 2016] [Return to Charter Contents] Return to Municipal Code Contents] 7.f Packet Pg. 105 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-5 ARTICLE VIII REVENUE AND FINANCE Section 130 Reports and Estimates Section 131 Ordinance To Be Passed Section 132 Ex-officio Assessor and Tax Collector Section 133 Indebtedness for Municipal Improvement Section 134 Sewer Service Charges Section 135 Demands Against City Section 139 Valid Claims Section 140 Advertisement For Supplies, Etc. Section 143 Special Funds Section 148 Library Fund Section 149 Sewer Fund Section 150 (Section 150 of the 1905 Charter repealed by election held February 6, 1973) Section 151 (Section 151 of the 1905 Charter repealed by election held February 6, 1973) Section 152 (Section 152 of the 1905 Charter repealed by election held February 6, 1973) Section 153 (Section 153 of the 1905 Charter repealed by election held February 6, 1973) ARTICLE IX WATER DEPARTMENT Section 160.Water Commissioners - Term of Office - Qualifications - Duties Section 161 Oath of Office Section 162 President - Inventory of Property Section 163 Powers Section 164 Sale And Use Of Water Section 165 Receipts and Disbursements of Water Funds Section 166 Map Of Water System And Service Section 167 Financial Condition Of Water Department, Etc. Section 168 City Clerk Ex-Officio Secretary Section 169 Meetings Section 170 Compensation of Members Section 171 Ordinance to Enforce Rules Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 106 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-6 ARTICLE X POLICE AND FIRE DEPARTMENTS Section 180 Powers of Mayor and Common Council Section 181 Police Department - Membership Section 182 Chief of Police - Duties Section 183 Fire Department - Membership Section 183 A Chief of the Fire Department - Duties Section 184 Supervision of City Manager Over Funds, Moneys, Etc. Section 185 Power to Make Rules and Regulations Section 186 Salaries ARTICLE XI SCHOOL DISTRICTS Section 190 Definition Board of Education Section 191 Members Board of Education: Term, Election Section 192 Terms of Office - Election Vacancies Section 193 How Filled Section 194 Meetings Section 200 Filing of Claims Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 107 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-7 ARTICLE XII FREE PUBLIC LIBRARY Section 205 Trustees - Terms Section 206 Trustees - No compensation Section 207 Library Tax Section 208 Donations - Bequests Section 209 Title To Real And Personal Property Section 210 Meetings Section 211 Powers of Board Section 212 Reports ARTICLE XII-A PARk AND RECREATION COMMISSION Section 213 Members - Term of Office Section 214 Appointment Section 215 Removal From Office Section 216 No Compensation - Meetings Section 217 Duties Section 219 Appeal to Council ARTICLE XIII MISCELLANEOUS Section 220 Fiscal year Section 221 Definitions Section 222 Oath of office Section 223 Ordinances in Force Section 225 Restrictions on Officers Section 226 Delivery of Property Section 227 Office Hours Section 229 Deposit of Money Section 230 Term of Office Section 234 Reimbursement For Expenses Section 235 Qualification of Officers Section 236 Section 236 of the 1905 Charter repealed by election held February 04, 1969 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 108 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-8 Section 237 Section 237 of the 1905 Charter repealed by election held February 04, 1969 Section 238 Power to Reject Bids and Readvertise Section 239 Section 239 of the 1905 Charter repealed by election held February 04, 1969 Section 240 Taking or Damaging Private Property Section 241 Employment of Legal Counsel Section 242 Qualifications of City Employees and Appointment Section 243 Nepotism Section 244 When Charter Takes Effect Section 245 Early Effective Date of Certain Sections of This Charter Section 246 Civil Service Board - Appointment Section 247 Civil Service to Organize and Appoint Secretary Section 248 Classified and Unclassified Civil Service Section 249 Veteran Preference Section 250 Codes of Rules and Regulations Section 251 Examinations Section 252 Promotion to Positions Section 253 One Year Probation Section 254 Discharge or Reduction of Compensation Section 255 Appeal of Suspension Section 256 Power to Dismiss Section 257 Position in Classified Service Section 258 Payment of Salaries Section 259 Investigations Section 261 Penalties Fixed by Civil Service Board Section 262 Effectiveness and Repeal of Former Charter Section 263 Severability Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 109 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-9 PREAMBLE We, the citizens of the City of San Bernardino, hereby establish this Charter to promote economic, environmental, and cultural prosperity throughout our community; to enable our City government to meet the needs of the people effectively and efficiently; to provide for accountability and ethics in public service; and to ensure equality of opportunity for every resident. ARTICLE I BOUNDARIES, RIGHTS AND LIABILITIES Section 1. Powers of City The municipal corporation now existing known as the City of San Bernardino shall remain and continue a body politic and corporate in name and in fact, by the name of the City of San Bernardino, and by that name shall have perpetual succession and may sue and defend in all courts and places and in all matters and proceedings, whatever, and all property, rights and interests of the said City shall continue and vest in and belong to said City under this Charter. It may have and use a common seal and alter it at pleasure; may purchase, receive and hold real and personal property within and without the City limits; may sell and dispose of the same for the common benefit; receive bequests and donations of all kinds of property in trust for charitable or other purposes and do all acts necessary to carry out the purposes of such bequests and donations, with power to manage, sell or otherwise dispose of the same in accordance with the terms of the bequest or donation. The City of San Bernardino may make and enforce all laws and regulations in respect to municipal affairs, subject only to the restrictions and limitations provided in this Charter, and in respect to other matters it shall be subject to general laws. As amended by special election held on April 11, 1921.) Wilson v. City (1960) 186 Cal. App.2d 603, 605; Scott v. Common Council (1996) 44 Cal. App.4th 684, 695; City Attorney Opinion No. 90-18) Section 2. Boundaries - Jurisdiction The boundaries of the City of San Bernardino shall be as follows: Commencing at the southeast corner of block seven of the Rancho San Bernardino, at the intersection of the center lines of Mill Street and Waterman Avenue, and running thence north along said center line of Waterman Avenue, and along the east boundary of said block seven, and of blocks six, five, four, three, two, one and thirty-two of said Rancho, to the northeast corner of lot one of said block thirty-two; thence west along the north boundary of said lot one and of lot fourteen of said block thirty-two, and the north line of lots one and fourteen of block thirty-three, lots one and fourteen of block thirty-four, lots one and fourteen of block thirty-five, lots one and fourteen of block thirty-six, lots three and six of block fifty- Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 110 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-10 three, and lots three and six of block fifty-nine, to the northwest corner of said lot six of block fifty-nine; thence south along west line of lots six and five of said block fifty-nine, to the southwest corner of said lot five of block fifty-nine; thence east along the south line of said lot five to the intersection of the west line of lot twenty-four of block twenty-one with the north line of Base Line Street; thence south along the west line of lots twenty-four and seven in said block twenty-one, lots twenty-four and seven of block twenty-two, lots twenty-four and seven of block twenty-three, lots twenty-four and seven of block twenty- four, and lots twenty-four and seven in block twenty-five, to the southwest corner of said lot seven of block twenty-five, at the intersection of said west line with the north line of First Street; thence east along the south line of said block twenty-five and along said north line of First Street to the northwest corner of lot eight in block sixty-six, at the intersection of the west line of said lot eight with the said north line of First Street; thence south along the west line of lots eight and one of block sixty-six, to the southwest corner of said lot one of block sixty-six, at the intersection of said west line with the center line of Mill Street; thence east along the center line of said Mill Street and along the southline of blocks sixty-six, fourteen, thirteen, twelve, eleven, ten, nine, eight and seven, to the southeast corner of said block seven at the place of beginning; all being in and of the Rancho San Bernardino, according to the plan of survey of said Rancho, of record in the office of the County Recorder of said San Bernardino County. The jurisdiction of said city, for all purposes of ownership, control, protection, management and maintenance, shall extend to and embrace all that parcel of land about two and one-half miles northwest of the courthouse in the City of San Bernardino, consisting of ten acres, more or less, and known as the "City Reservoir Tract," and that other parcel of land of about twenty-two acres about one-half mile east of the city limits known as the "Job Antil Tract," and such jurisdiction shall also extend to any other real property that may hereafter be acquired by said City of San Bernardino. Section 3. Time and Change of Boundaries The Mayor and Common Council by ordinance shall divide the area of the City into seven (7) wards of approximately equal population and thereafter shall periodically change the boundaries of the wards to maintain them in compact form and as nearly equal in population as possible, provided that such changes shall not be made more than once in any two (2) year period nor within ninety (90) days of any general municipal election. As amended by election held June 7, 1966) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 111 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-11 ARTICLE II ELECTIVE OFFICERS AND ELECTIONS Section 10. Primary and General Election A primary election shall be held in said City on the first Tuesday after the first Monday in March of each odd numbered year, for the nomination of candidates to be elected at the ensuing general election, and a general election shall be held in said City on the first Tuesday in May of each odd numbered year, for the election of City officers. Beginning with the primary election in 1995, and thereafter a primary election shall be held in said City on the first Tuesday after the first Monday in November in each odd numbered year for the nomination of candidates to be elected at the ensuing general election, and a general election shall be held in said City on the first Tuesday in February of the following even numbered year for the election of City Officers. Said election shall be conducted in the manner provided for by general law; provided, however, that the Mayor and Common Council shall have power, by ordinance, to provide for the manner of holding such election. As amended by elections held June 4, 1974 and June 2, 1992) City Attorney Opinion No. 96-3; City Attorney Opinion No. 91-7; City Attorney Opinion No. 91-5) Section 10-A. Election to Office Any candidate for any City office who at a primary election shall receive votes on a majority of all the ballots cast for candidates for the office for which such candidates seek nomination, shall be elected to such office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving such majority, and equal in number to the number to be elected. Any officer elected shall hold office until his or her successor is elected and qualifies. As added to the 1905 Charter by election held March 20, 1951; and as the 1905 Charter was amended by election held June 2, 1992) (City Attorney Opinion No. 91-5) Section 11. Provision for Elections - Returns - Certificate The Mayor and Common Council shall provide for the holding of all City elections. On the second day after a City election, exclusive of holidays, at 1:30 p.m. the Mayor and Common Council, or the City Clerk, or a canvassing board appointed by the City Clerk by order of the Mayor and Common Council shall meet at the City Hall, San Bernardino, California and proceed to canvass the election returns. The previous paragraph notwithstanding, all City elections consolidated with elections conducted by the County of San Bernardino, and all City elections that are conducted pursuant to agreement with the County of San Bernardino shall follow the Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 112 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-12 County’s process for the conduct of such elections and the canvass of such returns. At the next regular or adjourned regular council meeting following the completion of the canvass, the Mayor and Common Council shall declare the results of said election as certified by the City Clerk or the Registrar of Voters of the County of San Bernardino as being official. As the 1905 Charter was amended by election held February 5, 1963) City Attorney Opinion No. 96-3) Section 11-A. Compensation For Officers That the Mayor and Common Council shall, regardless of the provisions of the foregoing section, fix the compensation for each inspector, judge, clerk, and other election officers. Section 12. Approval and Filing of Bond After the result of an election is declared, or an appointment made, the City Clerk under his/her hand and official seal shall issue a certificate therof to the person elected or appointed by delivering it to him/her personally, or by depositing it with postage pre- paid in the post office, addressed to him/her at the City of San Bernardino; and within ten days thereafter such person so elected or appointed, shall file the certificate with his/her oath of office attached, in the office of the City Clerk. When an Official Bond is required of an officer it shall be approved and filed before entering upon the duties of his/her office, within twenty (20) days after the certificate of election is issued to him/her. Section 13. Officers Elected There shall be elected at the general election in 1998, and every fourth year thereafter three members of the Common Council, one each from the First, Second and Fourth Wards, who shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by the qualified electors of their respective wards for terms of four years commencing on the first Monday in March next succeeding their elections. As the 1905 Charter was amended by elections held June 4, 1974, November 2, 1976, and June 2, 1992) (City Attorney Opinion No. 97-2) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 113 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-13 Section 14. Officers and Terms There shall be elected at its general election in 1996 and every fourth year thereafter, four members of the Common Council, one each from the Third, Fifth, Sixth and Seventh Wards, who shall have been qualified electors and residents of their respective wards for at least thirty (30) consecutive days next preceding the date of filing of their nomination papers for the office and who shall be elected by the qualified electors of their respective wards, a City Attorney, City Clerk and City Treasurer elected at large who shall hold office for terms of four years from and after the first Monday in March and next succeeding their elections. There shall be elected at the general election in 1998 and every fourth year thereafter, a Mayor who shall be elected at large for a term of four years commencing on the first Monday in March next succeeding such election. As the 1905 Charter was amended by election held June 4, 1974, November 2, 1976, and June 2, 1992) (City Attorney Opinion No. 97-2; City Attorney Opinion No. 96-3; City Attorney Opinion No. 90-31; City Attorney Opinion No. 88-10) Section 14-A. Vacancy on Council A vacancy on the Common Council, from whatever cause arising, shall be filled for the unexpired term thereof through the election of a successor Council Member by the qualified electors of the ward in which the vacancy has occurred. Such Council Member shall have been a qualified elector and resident of the ward for at least thirty (30) consecutive days next preceding the date of filing of nomination papers for the office. Said election shall be held at the time established by the Mayor and Common Council and shall be conducted in the manner provided for by general law; provided that the Mayor and Common Council shall have power by ordinance to provide for the manner of holding such election and such ordinance shall prevail over the general law. As added to the 1905 Charter by election held on April 12, 1955 and as the 1905 Charter was amended by elections held February 2, 1971, and March 6, 1979) City Attorney Opinion No. 96-3) Section 14-B. Consolidated General Election Notwithstanding any other section of this Charter, whenever a County-wide election is scheduled to be held within sixty (60) days after the date which a City general election would otherwise be held pursuant to this Charter, the City shall consolidate the City general election with the County-wide election. In the event said consolidated general election causes the successful candidate to be qualified to take office after the expiration of the Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 114 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-14 term of the incumbent, the term of said incumbent shall be extended until said successor qualifies and takes office, or until the incumbent qualifies and takes office in the eventof re-election. Any such successful candidate elected in said consolidated general election shall take office at the first Council meeting of the month following the month in which the consolidated general election is held. As added by election held on November 2, 1999) Section 15. Vacancies An office becomes vacant when the incumbent thereof dies, resigns, is adjudged insane, convicted of a felony or of any major offense involving a violation of his/her official duties, or is removed from office, or ceases, in the case of a Council Member to be a resident of his/her ward, or, in the case of any other elected official to be a resident of the City, or refuses after notice from the Mayor and Common Council to qualify by taking the oath of office and filing his/her official bond. As the 1905 Charter was amended by election held November 2, 1976) City Attorney Opinion No. 96-3) Section 16. Military Leave of Absence Anything in this Charter to the contrary notwithstanding, all employees or officers, excepting elective officers, who have heretofore or shall hereafter enter the armed forces of the United States during war or national emergency as declared by the President or the Congress of the United States shall be entitled to a leave of absence during such service in accordance with applicable State and Federal laws, and for a period of ninety 90) days thereafter. Every such employee or officer returning to the City within the time herein specified, and who has been honorably discharged from such services, shall be reinstated without loss of status or seniority, provided he/she is still qualified for such office or position. If the office or position no longer exists, or the employee or officer isno longer qualified for his/her former position, he/she has the right to return to a position to which he/she meets the qualifications at the same compensation, status and seniority. All persons appointed to fill such positions during war or national emergency shall be temporary appointees only. As the 1905 Charter was amended by election held November 3, 1942) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 115 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-15 Bonds and Salaries Section 20. Approval of Bonds Officers of the City, before entering upon the discharge of their official duties, shall execute to said City such Official Bond as may be required by law, ordinance or this Charter. When the amount of any bond is not fixed by law, ordinance or this Charter, and power to fix same is not herein conferred upon any board or officer, it may be fixed by ordinance. All bonds shall be approved by the authorized designee of the Mayor and Common Council and filed with the City Clerk, and shall be recorded by the City Clerk in a book entitled "Official Bonds" and kept for that purpose, except the Bond of the City Clerk, which shall be filed with the Mayor, after being so recorded. The approval of every Official Bond must be endorsed thereon and signed by the officers approving the same after the examination of the surety. Section 21. City Officials as Surety - Form - Liability - Bond of Surety Company City Officers shall not be accepted as surety for each other on Official Bonds. Every Bond shall be in form joint and several and made payable to the City of San Bernardino, and contain a condition that the principal will faithfully perform all official duties that may be imposed upon or required of him/her by law or ordinance, and that at the expiration of his/her term of office he/she will surrender to his/her successor all property, books, papers and documents that may come into his/her possession as such officer. Said Bond must be executed by two or more sureties, but when the amount of the bond is more than five thousand dollars ($5,000.00), the sureties may become severally liable for a portion of not less than twenty-five hundred ($2,500.00), when there are more than two sureties, said sureties may justify in an amount which in the aggregate shall equal double the amount of said bond. But the Mayor and Common Council may require the Treasurer to give a Surety Company Bond in which case the expense of such bond shall be borne by the City, and may accept and approve of a Surety Company Bond for any officer without other surety. Section 22 of the 1905 Charter was repealed by election held on March 6, 1979) Section 23. Additional bond - Vacancy When an Official Bond is required of an officer, the Mayor and Common Council may require an additional bond if, in their opinion, the original bond or any surety becomes insufficient. If such additional bond be not given in thirty (30) days, the Mayor and Common Council must declare the office vacant and thereupon it shall become vacant. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 116 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-16 Section 24. Salary of Mayor The Office of Mayor shall be a full time position and the incumbent shall not engage in any business, professional or occupational activities which interfere with the discharge of the duties of such office. Effective January 1, 2003, the annual salary of the Mayor shall be set at fifty percent (50%) of the salary for a Superior Court Judge, County of San Bernardino, State of California, as of July 1, 2002, and shall thereafter be adjusted and implemented January 1 of each subsequent year at the same fifty percent (50%) figure of the salary for said Superior Court Judge then in effect on said January 1 date. As amended by elections held November 5, 2002, June 4, 1974, and March 6, 1979) City Attorney Opinion No. 96-3; City Attorney Opinion No. 92-10; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10) Section 24-A. Salary of Council The Council Members shall each receive an annual salary of six hundred dollars 600.00), payable monthly. As the 1905 Charter was amended by special election held on March 15, 1937) City Attorney Opinion No. 96-3) Section 24-B. Salary of City Clerk That the salary to be received by the City Clerk shall be fixed by the Mayor and the Common Council. As amended by special election held on March 15, 1937) Section 24 C of the 1905 Charter was repealed by election held on April 12, 1955.) Section 24 D of the 1905 Charter was repealed by election held on February 6, 1973) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 117 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-17 ARTICLE III LEGISLATIVE DEPARTMENT - THE COMMON COUNCIL Section 30. Legislative Power The legislative power of the City is hereby vested in the Common Council consisting of seven members, four of whom shall constitute a quorum, but a less number may adjourn from time to time, or compel the attendance of other members. No order, except to adjourn for lack of quorum, or to compel the attendance of a quorum, and no ordinance or resolution shall be valid unless it receives the affirmative vote of four Council Members, or, in the event of a tie vote by the Council Members present, if it receives the affirmative vote of three Council Members and the Mayor. As the 1905 Charter was amended by election held on June 7, 1966) Scott v. Common Council (1996) 44 Cal. App.4th 684, 696, ftnt. 8; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33) Section 31. Ordinances - Adoption - Emergency and Urgency Except for emergency or urgency ordinances, no ordinance may be adopted by the Common Council on the day of its introduction, nor within five (5) days thereafter, nor except at a regular or adjourned regular meeting. At the time of adoption of an ordinance or resolution it shall be read in full unless, except for its title, the reading thereof is waived by unanimous consent of all Council Members present. If an ordinance is altered after its introduction (except for correction of typographical or clerical errors), it shall not be adopted except at a regular or adjourned regular meeting held not less than five (5) days after the date of such alteration. Ordinances and codes may be adopted by reference in accordance with general law. Emergency or urgency ordinances and each resolution may be adopted on the day of introduction and may take effect upon adoption; provided, however, that this section is not intended, nor shall it be deemed to affect the method of adopting special ordinances and resolutions as required by municipal improvement act, laws relating to elections, taxation, and annexations, or other provisions of law prescribing the time, form and manner for the adoption of ordinances and resolutions of special cases. No order, resolution or ordinance shall have effect without approval of the Mayor, except when five (5) members of the Common Council concur in its adoption. In case of orders, the approval of the Mayor shall be presumed unless at the same meeting at which the order is passed, the Mayor causes his/her disapproval, with his/her reasons therefore, to be spread upon the minutes. All resolutions and ordinances after passage must be submitted to the Mayor who shall, within five (5) days after he/she has received Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 118 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-18 the same, endorse his/her approval or disapproval thereon, giving the reasons for his/ her disapproval. Each ordinance or resolution to be valid must be passed by a vote of not less than four (4) Council Members and approval by the Mayor, provided that if the Mayor fails to approve the same it may be passed by a vote of not less than five (5) Council Members, and shall take effect as if approved by the Mayor. As the 1905 Charter was amended by election held June 7, 1966) Castaneda v. Holcomb (1981) 114 Cal. App.3d 939, 941-946; City Attorney Opinion No. 96-10; City Attorney Opinion No. 96-7; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-7) Section 32. Ordinances - Enacting Clause The enacting clause of all ordinances shall be: "The Mayor and Common Council of the City of San Bernardino do ordain as follows." Section 33. Ordinances - Publication After the passage of each ordinance, and at all times thereafter, the City Clerk shall maintain on file and open to public inspection a certified copy of the full text of the ordinance. Within fifteen (15) days after the passage of each ordinance, it shall be published by the City Clerk once in a newspaper of general circulation published and circulated in the City with the names of the members of the Common Council voting for and against the ordinance and the name of the Mayor approving or disapproving the ordinance. The publication of the ordinance may be satisfied by the publication of the entire ordinance or by the publication of a summary of the ordinance, the number and title of the ordinance, and the names of the members of the Common Council voting for and against the ordinance and the name of the Mayor approving or disapproving the ordinance. Such summary shall be prepared by the City Clerk, or other official designated by the Mayor and Common Council, and approved by the City Attorney. The publication shall include a statement that the full text of the ordinance is available for inspection in the office of the City Clerk. The Mayor and Common Council may direct the publication of the entire ordinance in special cases. Ordinances shall not be published in a newspaper if the charge exceeds the customary rate charged by the newspaper for publication of private legal notices, but such ordinances shall be posted by the City Clerk in at least three public places in the City within fifteen (15) days after passage of the ordinances. Except as otherwise provided in this Charter, an ordinance shall not take effect or be valid unless it is published in substantially the manner and at the time required herein. As the 1905 Charter was amended by elections held February 4, 1969; and November 6, 1979) City Attorney Opinion No. 88-18) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 119 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-19 Section 34. Powers of Common Council - Written Charges The Common Council shall have power to adopt rules for its own proceedings; to compel the attendance of witnesses and absent members; the production of papers in any matters under investigation; to judge of the qualification and election of its own members; to punish any member by a fine not exceeding two hundred fifty dollars ($250.00) for disorderly or contemptuous behavior in its presence; and may expel a member or any city officer appointed by the Mayor and Common Council for continued neglect of his/her duty, or the willful violation of any penal law, or any provision of this Charter; but in every case the member or officer accused, if holding office for a definite term shall be entitled to have written charges presented and be heard on his/her own behalf. The Ayes and Noes shall be taken and entered in the Journal of its proceedings at the request of any member and must be so taken and entered upon the passage of all Ordinances and Resolutions, and in matters concerning the granting of franchises, making of contracts, allowing bills, ordering work to be done, or supplies to be furnished, disposing of City property, or any act that may involve the payment of money or the incurring of a debt against the City. Section 35. Meetings - Time of - Adjournments All meetings of the Common Council shall be public, and the regular meetings shall be held on the first and third Mondays in each month, unless such days be a legal holiday, when the meeting shall be held on the following day. Adjournments may be taken from a meeting to a day certain, and in such case the adjourned meeting shall be deemed an adjourned regular meeting. Section 36. Mayor to Preside - Temporary Absence of Mayor; Mayor Temporarily Unable to Perform Duties The Mayor shall preside at all meetings of the Common Council, but shall not be entitled to vote except in the event of a tie. In the absence of the Mayor from any Council meeting, the Common Council may choose one of their own number to preside over that meeting who shall retain the right to vote upon all questions under consideration, and shall have the same power to disapprove any order made by the Common Council, and with like effect as the Mayor would have had if present at this meeting, however, that member shall not have the ability to cast an additional vote in the event of a tie. In case of temporary absence from the City, or sickness, or due to any other cause, the Mayor is temporarily unable to perform the duties of his/her office, the Common Council shall appoint one of their own number Mayor Pro-Tempore who shall have all powers and Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 120 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-20 authority which the Mayor would have possessed if personally present and attending to such duties, and such Mayor Pro-Tempore shall not lose his/her vote as Council Member, but shall not have the ability to cast an additional vote in the event of a tie. City Attorney Opinion No. 96-10; City Attorney Opinion No. 92-25; City Attorney Opinion No. 92-10; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10) Section 37. Council Committees Notwithstanding any other provision(s) of this Charter, the Common Council may create such standing and ad hoc committees as it deems appropriate, to be composed entirely of Council Members and said committee members shall be appointed by the Common Council. Section 38 to the 1905 Charter was not approved at election held June 2, 1992) Section 39. Power to Override Mayor Any order, directive and/or decision of the Mayor made either formally or informally may be overridden, amended, revised or withdrawn by two-thirds (2/3) vote of the Common Council. Added to the 1905 Charter by election held June 2, 1992 ) (City Attorney Opinion No. 96-10) Subjects of Legislation Section 40. Powers of Mayor and Common Council The Mayor and Common Council of the City of San Bernardino, hereafter referred to as Council, shall have the following enumerated powers. a) Purchase and Sale of Property Council shall have power to purchase, lease, receive and hold real and personal property within or without the city limits, and to control, sell and dispose of the same for the common benefit, provided that the procedure for the sale of real property shall be established by the Council by ordinance but such sale shall not be for less than the fair market value of the property as determined by the Council, based on good and sufficient evidence in the record. As the 1905 Charter was amended by election held on March 7, 1995) As amended by election held on March 7, 1995) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 121 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-21 b) Police and Sanitary Regulations Council shall have power, subject to any pre-emptive law(s) of the State of California, to make and enforce all such local, police, sanitary and other regulations, as pertain to municipal affairs, and for this purpose may define misdemeanors committed within the city limits or on lands under the jurisdiction of the City, and provide penalties and punishment therefor. c) Nuisances Council shall have power to define nuisances and provide for their removal. d) License Fee Council shall have power to license for purposes of revenue all and every kind of business, occupations, shows, exhibitions, and lawful games carried on in the City and to fix the rate of license fee thereon. e) Taxes Council shall have power to levy and collect taxes subject to State law. f) Fire Department Council shall have power to establish and maintain a fire department, prescribe fire limits and adopt regulations for the protection of the City against fires. g) Police Council shall have power to establish and maintain a police force. h) Overflow Council shall have power to protect the City against overflow. i) Houses of Ill Fame Council shall have power to prohibit and suppress lewdness and houses of ill fame and buildings or places used for lewdness, assignation or prostitution. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 122 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-22 j) Storage Council shall have power to prohibit the storage of gunpowder, oils or other combustible substances in quantity. k) Parks Council shall have power to lay out and maintain parks. I) Hospitals, etc. Council shall have power to regulate hospitals, pesthouses and slaughter houses, and to provide for their removal or discontinuance. m) Cemeteries Council shall have power to provide cemeteries and regulate their management. n) Animal Shelter Council shall have power to establish and regulate a public animal shelter. o) City Jail/Holding Area; Use of Inmates Council shall have power to provide a City jail/holding area and to provide for the utilization of the services of any person(s) sentenced by the court to perform such community service as may be prescribed. p) Sewers Council shall have power to acquire, establish, construct, reconstruct, maintain, operate, manage, repair, improve or finance any building, system, plant, works, facilities or undertaking used for or useful in the collection, treatment or disposal of sewage and the reclamation of effluent therefrom, or storm water, including drainage. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 123 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-23 q) Bridges, Streets, etc. Council shall have power to establish, build and repair bridges; to establish, lay out, alter, keep open, open, close, improve and repair streets, sidewalks, alleys, squares, and other public highways, and places within the City, and to drain, sprinkle, oil and light the same; to remove all obstructions therein; to establish the grades thereof; to grade, pave, macadamize, gravel and curb the same in whole or part, and to construct gutters, culverts, sidewalks and crosswalks thereon, or upon any part thereof; to cause to be planted, set out and cultivated shade trees therein, and generally to manage and control all such highways and places. r) Fines and Penalties Council shall have power to impose fines, penalties and forfeitures for any and all violations or ordinances; and for any breach or violation of ordinances; to fix the penalty by fine or imprisonment, or both. The violation of any lawful ordinance made by the Mayor and Common Council shall constitute either a misdemeanor or an infraction, as determined by the Council by ordinance, and shall be prosecuted in the name of the people of the State of California. s) Compensation and Removal of Officer Council shall have power to appoint, confirm and remove such appointed officers and appointed full-time permanent employees, and to fix the qualifications, duties and compensations of City employees subject to the civil service provisions and other provisions of this Charter upon the recommendation of the City Manager except that the appointment and removal of the City Manager, Acting City Manager, Chief of Police and Chief of the Fire Department shall only be acted upon in response to the Mayor’s nomination in instances of appointments and the Mayor’s recommendation in instances of removal(s). The Council may not, however, remove officers appointed for a definite term, nor deputies, assistants, clerks, and attachés holding office at the pleasure of an elective officer, nor may the Council remove employees of a City Manager-directed department except the Council may give consent to such removal as provided in Section 102(b) herein. Other provisions of this Charter notwithstanding, a Mayor Pro Tempore, acting as the Mayor shall not remove, discharge or recommend the removal or discharge of the City Manager, Acting City Manager, Chief of Police or Chief of the Fire Department unless, and until, said Mayor Pro Tempore, acting as the Mayor shall have been acting as Mayor for a period of not less than sixty (60) consecutive days prior to said removal or discharge, or prior to making a recommendation to remove or discharge. The authority of a Mayor Pro Tempore, while acting as Mayor, to suspend for cause is not limited by the preceding sentence. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 124 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-24 t) Public Utilities Council shall have power to contract for supplying the City water for municipal purposes, or to acquire, construct, repair and manage pumps, aqueducts, reservoirs or other works necessary or proper for supplying water for the use of such City or its inhabitants, or for irrigating purposes therein, subject to the powers and supervision of the Board of Water Commissioners as in this Charter provided. u) Public Works Council shall have power to acquire, own, construct, maintain and operate street railways, telephone and telegraph lines, gas, electrical and other works for light, power and heat, and to supply such light, power and heat to the municipality and the inhabitants thereof; and to acquire, own and maintain public libraries, museums, gymnasiums, parks and baths. v) Permit for Construction in Proximity to City Streets Council shall have power to permit, under such restrictions, as they may deem proper, the laying of railroad tracks and the construction and operation of street railways and the running of cars drawn by steam, electricity or other power thereon; and the laying of gas and water pipes in the public streets; and the construction and maintenance of telephone and telegraph lines therein. w) Schools Council shall have power to maintain public schools. x) Duties Not Defined Council shall have power to prescribe by ordinance the duties of all officers whose duties are not defined by this Charter, and to prescribe for any officer, duties other than herein prescribed. y) Animal Licensing Fee Council shall have power to impose and collect an annual license fee on any canine owned or harbored within the limits of the City. z) Make and Enforce Laws and Regulations Council shall have power to make and enforce all laws and regulations in respect to municipal affairs, subject only to the restriction and limitations provided in this Charter or by State law. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 125 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-25 aa) Other Powers Council shall have power to pass all orders, resolutions and ordinances and to do and perform any and all other acts and things necessary or proper to complete execution of the powers vested by law or this Charter, or inherent in the municipality, or that may be necessary or proper for the general welfare of the City or its inhabitants. As the 1905 Charter was amended by elections held February 6, 1973, November 7, 1989, and November 7, 1995) In Re Pedrosian (1932) 124 Cal. App. 692, 695 regarding (c) and (z) above) City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-26; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-21; City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-21; City Attorney Opinion No. 89-18; City Attorney Opinion No. 89-15; City Attorney Opinion No. 89-11; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-10) Section 41. System for Assessment, Levy, and Collection of Taxes The Mayor and Common Council shall have power, and it shall be their duty, to provide by ordinance a system for the assessment, levy and collection of all City taxes, which system shall conform as nearly as the circumstances of the case may permit, to the provisions of the laws of this State in reference to assessment, levy and collection of State and County taxes, except as to the time for such assessment, levy and collection, and except as to the officers by whom such duties are to be performed. All taxes assessed together with any percentage imposed for delinquency, and the cost of collection, shall constitute liens on the property assessed, from and after the first Monday in March in each year, which liens may be enforced by a summary sale of such property and the execution and delivery of all necessary certificates and deeds therefor, and such regulations as may be prescribed by ordinance, or by action in any court of competent jurisdiction to foreclose such lien; provided that any property sold for such taxes shall be subject to redemption within the time and in the manner provided, or that may thereafter be provided by law for the redemption of property sold for State or County taxes. All deeds made upon any sale of property for taxes, or special assessment under the provisions of this Charter shall have the same force and effect in evidence as is, or may hereafter be provided by law for deeds for property sold for nonpayment of State or County taxes. The maximum rate of taxation shall not exceed in any one (1) year one dollar and thirty-five cents ($1.35) upon each hundred dollars 100.00) of valuation or property assessed exclusive of the amount necessary to pay the principal of and interest on the bonded indebtedness of the City. As the 1905 Charter was amended by special election held June 5, 1956) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 126 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-26 Section 42 of the 1905 Charter repealed by election held March 6, 1979) Section 45 of the 1905 Charter repealed by election held March 6, 1979) ARTICLE IV ELECTED MUNICIPAL OFFICERS Mayor Section 50. Chief Executive Officer The Mayor shall be the Chief Executive Officer, and chief spokesperson, of the City of San Bernardino and a citizen of the State of California who shall be at least thirty years of age and a resident and qualified elector of the City for a period of at least thirty 30) consecutive days next preceding the date of filing nomination papers for the office. The Mayor shall vigilantly observe the official conduct of all public officers, and take notice of the fidelity and exactitude, or the want thereof, with which they execute their duties and obligations, especially in the collection, administration and disbursement of public funds and property. The books, records and official papers of all departments, boards, officers and persons in the employ or service of the City shall, at all times be open to all persons for inspection and examination. Any defamation or willful neglect of duty or official misconduct which may be reported or discovered by the Mayor shall be laid before the Common Council in order that public interests may be protected and the person in default proceeded against according to law. The Mayor shall, from time to time, give the Common Council information in writing relative to the state of the City's municipal affairs and business, and shall recommend such measures as may be deemed beneficial. The Mayor shall have the books and records of all public departments, pertaining to the finances of the City, experted by a competent person at least once in every year. Any person refusing to submit to, or permit such examination, or purposely delaying, or impeding the same, may be suspended from office by the Mayor and removed for malfeasance by the Mayor and Common Council. The Mayor shall have general supervision over all the departments and public institutions of the City. The Mayor shall take all proper measures for the preservation of public order and suppression of all riots and tumults. City Attorney Opinion No. 97-2; City Attorney Opinion No. 96-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 92-10; City Attorney Opinion No. 91-33; City Attorney Opinion No. 88-13; City Attorney Opinion No. 12; City Attorney Opinion No. 88-10) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 127 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-27 Section 51. Appointments and Vacancies The Mayor, with the consent and approval of the Common Council, shall appoint all officers, and all members of joint powers authorities, committees, and commissions, regardless of whether they are local, county, regional, state or otherwise, except those appointments made by the City Manager or by elected officials pursuant to this Charter, and except any other appointments for which this Charter expressly provides otherwise, and shall fill all vacancies in an elective office not otherwise provided for in this Charter; provided that in no case where a vacancy has occurred and an appointment been made to an elective office, shall the officer hold beyond the next general municipal election at which time an election shall be held for that office so vacated to fill the unexpired term. In case of a vacancy in the office of Mayor, the vacancy shall be filled by the Common Council by a majority vote, and the appointee shall be a person meeting all of the requirements for the office of Mayor found in Section 50, and said person shall hold office for the unexpired term. In filling a vacancy in the office of Mayor, and in the process of filling such vacancy, the Mayor Pro Tempore shall not have the authority to exercise any veto or vetoes. As the 1905 Charter was amended by special election held on June 3, 1958) City Attorney Opinion No. 96-10; City Attorney Opinion 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 91-33; City Attorney Opinion No. 88-30; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-12; City Attorney Opinion No. 88-10) Section 52. Supervision by Mayor The Mayor shall have the general supervision of the City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department, and of all elected officers, except Council Members. The Mayor shall have the authority to suspend and discharge, for cause, the City Manager and/or the Acting City Manager subject to the laws of the State of California. City Attorney Opinion No. 96-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-10; City Attorney Opinion No. 92-8; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-4; City Attorney Opinion No. 88-20; City Attorney Opinion No. 88-19; City Attorney Opinion No. 88-13; City Attorney Opinion No. 12; City Attorney Opinion No. 88-10) Section 53 of the 1905 Charter repealed by election held on June 7, 1966) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 128 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-28 City Attorney Section 55. Position - Duties - Salary a) The office of City Attorney shall be a full-time position, and the incumbent shall not engage in private practice. b) To be eligible to hold the office of City Attorney, the person elected or appointed shall be an attorney at law, duly licensed as such under the laws of the State of California, and shall have been engaged in the practice of law for at least five (5) years prior to his/her election or appointment, and shall have been a resident and elector of the City for a period of at least thirty (30) consecutive days next preceding the appointment or the filing of nomination papers for election to the office. c) In the event a vacancy shall occur in the office of City Attorney during his/her term, such vacancy shall be filled by appointment by the Mayor and Common Council, which appointment shall be valid until the next general municipal election, at which time a City Attorney shall be elected for the remainder of any unexpired term, or for a full term in accordance with Article II of this Charter. d) The City Attorney shall be the chief legal officer of the City; he or she shall represent and advise the Mayor and Common Council and all City officers in all matters of law pertaining to their offices; he or she shall represent and appear for the City in all legal actions brought by or against the City, and prosecute violations of City ordinances, and may prosecute violations of State law which are misdemeanors or infractions and for which the City Attorney is specifically granted the power of enforcement by State law without approval of the District Attorney, or those violations which are drug or vice related; he or she shall also act and appear as attorney for any City officer or employee who is a party to any legal action in his or her official capacity; he or she shall attend meetings of the City Council, draft proposed ordinances and resolutions, give his or her advice or opinion in writing when requested to do so in writing by the Mayor or Common Council or other City official upon any matter pertaining to Municipal affairs; and otherwise to do and perform all services incident to his or her position and required by statute, this Charter or general law. e) The salary of the City Attorney shall be fixed by the Mayor and Common Council, but shall not be less than seventy-five hundred dollars ($7,500.00) per annum. He/ She shall be provided with office space and equipment, and clerical help by the City. Section 55(b) as the 1905 Charter was amended by election held on November 2, 1976; Section 55(c) as the 1905 Charter was amended by election held on April 12, 1955; Section 55(d) as the 1905 Charter was amended by elections held April 13, 1971 and November 8, 1988) Scott v. Common Council (1996) 44 Cal. App.4th 684, 686, 696, regarding Section 55 (d)) City Attorney Opinion No. 96-3; City Attorney Opinion No. 89-11; City Attorney Opinion No. 87-59; City Attorney Opinion No. 87-36) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 129 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-29 City Clerk Section 60. Duties The duties of the City Clerk shall be to keep the corporate seal and all books, papers, records and other documents belonging to his/her office, attend all meetings of the Mayor and Common Council and keep a journal of the proceedings. He/She shall have full power and authority to take all affidavits and administer all oaths necessary in the transaction of city business, but shall make no charge therefor. His/Her official books and records shall be kept properly indexed and be open to public inspection during office hours. He/She shall number and keep a record of all demands allowed and certified to him/her, showing the date of approval, to whom the same is allowed, the nature of the claim, and the fund out of which the same is payable. He/She shall issue all licenses and countersign all warrants on the City Treasury, except warrants of the boards, and shall do and perform all other acts required of him/her by this Charter, or by ordinance, or which may be required of him/her by the Mayor and Common Council. As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 90-31) City Assessor Section 65 of the 1905 Charter repealed by election held on February 6, 1973) Treasurer Section 70. Duties The Treasurer shall receive and pay out all moneys belonging to the City, and shall keep an account of all receipts and expenditures, under such rules and regulations as may be prescribed. He/She shall make a monthly statement to the Mayor and Common Council of the receipts and expenditures of the preceding month, and shall perform all duties required of him/her by law and the Mayor and the Common Council. He/She shall not pay out any monies belonging to the City except on claims presented, allowed and submitted in the manner provided by this Charter. Scott v. Common Council (1996) 44 Cal. App.4th 684, 696) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 130 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-30 Section 90. Veto Power of Mayor in Community Development Commission When pursuant to state law the Mayor and Common Council have designated themselves as the Community Development Commission of the City, the Mayor shall have the power of veto of all orders and resolutions of the Commission, in the same manner as he or she has as Mayor of the City, subject to the power of the Commission to override the veto, in the same manner as the Council has in the City. As added to the 1905 Charter by election held November 5, 1996) ARTICLE V CITY MANAGER Section 100. Selection and Qualifications The Mayor shall appoint, subject to confirmation by the Common Council, a City Manager who shall be the chief administrative officer of the City. The City Manager shall be responsible for the administration of all City departments except the Offices of the Mayor, City Attorney, City Clerk, City Treasurer, the Water Department, the Free Public Library and the Civil Service System. Said City Manager shall be at least 30 years of age and shall be a resident of the City or shall become a resident of the City within 180 days of assuming office. Said City Manager shall have received, from an accredited college or university, a masters degree in public administration, business administration, or an equivalent degree in a related field, or a higher degree, and said City Manager shall have served as a City Manager, or as a City Administrator, or Chief Executive Officer of a county, or as an Assistant City Manager, City Administrator, or Chief Executive Officer of a county for a minimum of three years. The Mayor shall appoint the person deemed best qualified on the basis of executive and administrative capabilities, giving preference to candidates with management experience, and knowledge of accepted practices with respect to the duties of the office as set forth in this Charter. Section 101. Assistant City Manager The City Manager shall have the power to appoint, with the confirmation of the Mayor and Common Council, an Assistant City Manager, who shall be empowered to perform all duties of the City Manager in the event of the absence or disability of the City Manager and such other duties as the City Manager shall direct. The Assistant Manager shall serve at the pleasure of the City Manager. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 131 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-31 Section 102. Authority and Duties of the City Manager The City Manager shall have the following authority and duties: a) To direct and exercise immediate supervision over the administration of all Manager- directed departments of the City; b)To appoint, subject to section 40(s) of this charter; exercise immediate supervision over, suspend, and remove, all City employees of all Manager-directed departments of the City in both the classified and unclassified service; except that for the classified service, such powers shall be pursuant to the Civil Service provisions of this Charter, Civil Service rules, regulations and ordinances, and except that the removal of such employees in the unclassified service is subject to the consent of the Mayor and Common Council; and to appoint any temporary, part-time employees of all Manager-directed departments of the City; c) To ensure, in cooperation with the Attorney General, District Attorney, City Attorney, Police Chief and Fire Chief, that all laws, ordinances, orders, resolutions, contracts and franchises are enforced and executed; d) To attend all meetings of the Mayor and Common Council or council committee meetings, and to have the right to participate in the discussion without vote; e) To prepare and submit the annual budget and to keep the Mayor and/or the Mayor and Common Council fully advised as to the financial condition and needs of the City, including the filing of annual and interim financial reports; f) To submit such reports as the Mayor and/or the Mayor and Common Council may require concerning the operations of Manager-directed departments, and to recommend to the Mayor and Common Council the adoption of measures deemed advisable; g) To perform such other duties as are specified in the Charter, by law or required by the Mayor and/or the Mayor and Common Council; h) To confer regularly with the Mayor, to implement the policies of the Mayor and Common Council as directed by the Mayor and to keep the Mayor informed of any issues, events and controversies that may arise; to be responsible for the implementation of the Mayor’s policy directives and to ensure that those directives are acted upon by all supervisors and employees in the Manager-directed departments of the City; Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 132 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-32 i) To confer regularly with the City Attorney on legal issues; to immediately notify the City Attorney of any important legal issues or difficulties that arise; to obtain the legal advice of the City Attorney, and to carefully consider such advice, understanding that recommendations of the City Attorney are advisory only. Neither the City Attorney, nor employees of the Office of the City Attorney, has authority to issue orders to the City Manager or any of his/her subordinates; it is the responsibility of the City Manager to ensure that all Manager-directed departments and the employees of those departments perform all of their duties legally and that those departments and their employees are faithful in the observance, adherence, and enforcement of all pertinent laws, ordinances, and legal requirements in the performance of their duties and in their official conduct; j) To confer regularly with the City Treasurer on financial issues, to obtain the financial advice of the City Treasurer and to carefully consider that advice, and to keep the Treasurer informed of all financial matters and to immediately notify the City Treasurer of any important financial issues or difficulties that arise. Section 103. Vacancy Whenever a vacancy occurs in the office of the City Manager, the Mayor shall proceed immediately to appoint a City Manager, subject to confirmation by the Common Council. Until a City Manager is appointed and has assumed the duties of the office, the Assistant City Manager shall be designated as Acting City Manager. He/She shall perform all of the duties of City Manager and be vested with all the powers of City Manager as set forth in this Charter. The Assistant City Manager shall continue in the position of Acting City Manager, subject to the Mayor’s authority to remove the Acting City Manager, until a new City Manager has been appointed and has assumed the duties of that office. Section 104. Mayor and Common Council's Authority Over the City Manager and Other City Employees Neither the Mayor nor any member of the Common Council, nor any other elected City official, nor the Common Council, nor any of its committees or members shall dictate or attempt to dictate, either directly or indirectly, the appointment of any person to office or employment by the City Manager, or in any manner interfere with or prevent the City Manager, from exercising judgment in the appointment of officers and employees in the administrative service. Neither the Mayor, Common Council Members, employees of the Common Council, nor employees of the Office of the Mayor, shall give orders to any of the subordinates of the City Manager, either publicly or privately. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 133 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-33 Section 105. Non-Eligibility of Elected Officials No person who held any elected office in the City, between June 1, 1987, and the effective date of this Charter, regardless of how long any such person held any such elected office, may be employed as City Manager until eight years passes from the effective date of this Charter, and no person who holds any elected office on or after the effective date of this Charter may be employed as City Manager until eight years passes after such person leaves said elected office. ARTICLE V JUDICIAL DEPARTMENT Article V of the 1905 Charter, Judicial Department, repealed by election held February 6, 1973) ARTICLE VI RESERVED Article VI of the 1905 Charter, repealed by election held February 06, 1973) ARTICLE VII INITIATIVE, REFERENDUM AND RECALL Section 120. The Initiative Any proposed ordinance may be submitted to the Common Council by a petition signed by qualified and registered electors of the City equal in number to the percentage hereinafter required. The signatures to the petition need not all be appended to one paper, but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended is the genuine signature of the person whose name purports to be thereunto subscribed. Within ten days from the date of filing such petition, the City Clerk shall examine and from the great register ascertain whether, or not, said petition is signed by the requisite number of qualified electors and if necessary, the Council shall allow him/her extra help for that purpose, and he/she shall attach to said petition his/her certificate showing the results of said examination. If, by the Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who shall have an additional ten (10) days from the date the petition is returned to them by the Clerk, to obtain the required number of signatures. The Clerk shall, within Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 134 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-34 ten (10) days after such additional ten (10) day period to obtain additional signatures, make like examination of said petition, and if his/her certificate shall show the same to be insufficient, it shall be returned to the person filing same, without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be found to be sufficient the Clerk shall submit the same to the Council without delay. If the petition accompanying the proposed ordinance be signed by electors equal in number to thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City election at which a Mayor was elected, and contains a request that said ordinance be submitted forthwith to a vote of the people at a special, or general municipal election, then the Council shall either: a) Pass such ordinance without alteration within twenty (20) days after the attachment of the Clerk's certificate of sufficiency to the accompanying petition (subject to referendary vote), and if the ordinance shall be passed by the Council, but shall be vetoed by the Mayor, and on reconsideration shall fail of passage by the Council, then, within five (5) days after determination that said ordinance shall have so failed of final adoption, the Council shall proceed to call a special election at which said ordinance without alteration, shall be submitted to a vote of the people; or, b) Forthwith after the Clerk shall attach to the petition accompanying such Ordinance his/her certificate of sufficiency, the Council shall proceed to call a special election at which said ordinance, without alteration, shall be submitted to a vote of the people. The ballots used when voting upon said proposed ordinance shall contain the words, For the Ordinance," (stating the general nature of the proposed ordinance) and "Against the Ordinance," (stating the general nature of the proposed ordinance). If a majority of the qualified electors voting on said proposed ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City; and any ordinance proposed by petition, or which shall be adopted by a vote of the people, cannot be repealed or amended except by a vote of the people obtained in like manner. Any number of proposed ordinances may be voted upon at the same election. In accordance with the provisions of this section; provided that there shall not be held under this section of the Charter more than one special election in any period of twelve months. Effective March 16, 2005) Section 121. The Referendum No ordinance passed by the Common Council (except when otherwise required by the general laws of the State, or by the provisions of this Charter, respecting street improvements and except an ordinance for the immediate preservation of the public peace, health, or safety, which contains a statement of its urgency, and is passed by a two-thirds (2/3) vote of the Council, but no grant of any franchise shall be construed Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 135 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-35 to be an urgency matter, but all franchises shall be subject to the referendary vote herein provided) shall go into effect before thirty (30) days from the time of its final passage and its approval by the Mayor; and if during said thirty days a petition signed by electors of the City equal in number to at least thirty percent (30%) of the entire vote cast for all candidates for Mayor at the last preceding City election at which time a Mayor was elected, protesting against the passage of such ordinance, be presented to the Council, the same shall thereupon be suspended from going into operation, and it shall be the duty of the Council to reconsider such ordinance, and if the same is not entirely repealed, the Council shall submit the ordinance proposed to the vote of the electors of the City either at the next general municipal election or at a special municipal election to be called for that purpose, and such ordinance shall not go into effect or become operative unless a majority of the qualified electors voting on the same, shall vote in favor thereof. Said petition shall be in all respects in accordance with the provisions of the first section of this article (The Initiative) and shall be examined and certified by the Clerk in all respects as therein provided. City Attorney Opinion No. 96-7; City Attorney Opinion No. 96-4) Section 122. The Recall Proceedings may be commenced for recall of the holder of any elective office of this City and the election of a successor of the holder sought to be removed by the service, filing and publication of a notice of intention to circulate a recall petition. Such proceedings may not be commenced against the holder of an office unless, at the time of commencement, the holder has held office for at least ninety days and no recall petition has been filed against such holder within the preceding six months. A petition demanding the recall of the officer sought to be recalled shall be submitted to the City Clerk. The petition shall be signed by not less than fifteen percent (15%) of the voters of the City, or in the case of a City Council Member elected by ward twenty-five percent (25%) of the voters of that ward, according to the County Clerk's last official report of registration to the Secretary of State. No signature may be affixed to the petition until the proponents have served, filed and published a notice of intention to circulate a recall petition, containing the name of the officer sought to be recalled and the title of his/her office, a statement in not more than 500 words of the grounds on which the recall is sought, and the name and address of at least one, but not more than five proponents. The notice of intention shall be served, personally or by certified mail, on the officer sought to be recalled, and a copy thereof with a certificate of the time and manner of service shall be filed with the clerk of the legislative body. Within seven (7) days after the filing of the notice of intention, the officer sought to be recalled may file with the City Clerk an answer in not more than 500 words to the statement of the proponents and if an answer is filed, shall serve a copy thereof, personally or by certified mail, on one of the proponents named in the notice of intention. At the time the proponents publish the notice and statement referred to above, the officer sought to be recalled may have the answer published at his/her expense. If the Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 136 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-36 answer is to be published the officer shall file with the City Clerk at the time the answer is filed a statement declaring his/her intent that the answer be published. The statement and answer are intended solely for the information of the voters and no insufficiency in the form or substance thereof shall affect the validity of the election or proceedings. The notice and statement as referred to above, and the answer, if it is to be published shall be published at least once in a newspaper of general circulation, as described in Sections 6000 to 6066 of the Government Code, adjudicated as such. Seven (7) days after the publication of the notice, statement and answer, if it is to be published, the recall petition may be circulated and signed. The petition shall bear a copy of the notice of intention, statement and answer, if any. If the officer has not answered, the petition shall so state. Signatures shall be secured and the petition filed within ninety 90) days from the filing of the notice of intention. If such petition is not filed within the time permitted by this section, the same shall be void for all purposes. The signatures to the petition need not all be appended to one paper; but each signer shall add to his/her signature his/her place of residence, giving the street and such other identification as may be required by the registration law. One of the signers of each such paper shall make oath before an officer qualified to administer oaths, that the statements therein made are true, and that each signature to the paper appended, is the genuine signature of the person whose name purports to be thereunto subscribed. Within thirty (30) days after the date of filing such petition the City Clerk shall examine and ascertain whether or not said petition is signed by the requisite number of qualified electors and, if necessary, the Council shall allow extra help for that purpose, and the City Clerk shall attach to said petition a certificate showing the result of said examination. If, by the City Clerk's certificate, the number of signatures on the petition is shown to be insufficient, it shall be returned forthwith by the Clerk to the filer(s) thereof who shall have an additional thirty (30) days from the date the petition is returned to them by the Clerk to obtain the required number of signatures. The City Clerk shall, within thirty (30) days after such additional thirty (30) day period to obtain additional signatures, make like examination of said petition, and, if his/her certificate shall show the same to be insufficient it shall be void for all purposes. If the petition shall be found to be sufficient, the City Clerk shall submit the same to the Council without delay and the Council shall thereupon order and fix a date for holding said election, not less than fifty (50) days, nor more than seventy (70) days from the date of the City Clerk's certificate to the Council that a sufficient petition is filed. The ballots used when voting upon said proposed recall shall contain the words shall (title of office and the name of the person against whom the recall is filed) be recalled?" and the words "yes" and "no." The Council and the City Clerk shall make, or cause to be made, publication of notice and all arrangements for conducting, returning and declaring the results of such election in the same manner as other City elections. Qualified candidates to succeed the person against whom the recall is filed, shall be listed on the ballot, except that the incumbent shall not be eligible to succeed himself/ herself in any such recall election. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 137 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-37 In any such removal election, if a majority of the votes cast is for "yes" on the question of whether or not the incumbent should be recalled, the candidate receiving the highest number of votes shall be declared elected. The incumbent shall thereupon be deemed removed from the office upon qualification of his/her successor. In case the party who received the highest number of votes should fail to qualify within ten (10) days after receiving notification of election, the office shall be deemed vacant. The successor of any officer so removed shall hold office during the unexpired term of his/her predecessor. Effective March 16, 2005) As the 1905 Charter was amended by election held June 8, 1976) ARTICLE VIII REVENUE AND FINANCE Section 130. Reports and Estimates On or before the first Monday in June in each year the City Manager shall transmit to the Mayor and Common Council, accompanied with the estimates and reports of each department an estimate of the probable financial necessities of the City Government for the fiscal year, stating the amount required to meet the interest and principal on all bonded or funded indebtedness of the City, together with the amount needed for the salaries and probable wants of all the departments of the Municipal Government in detail, showing specifically the necessities of each fund in the treasury. Such estimate shall also show what amount of income and revenue will probably be collected from fines, licenses and other sources of revenue, exclusive of taxes upon property, and what amount will probably be required to be levied and raised by taxation in order to meet the necessities of each specific fund for such fiscal year. Scott v. Common Council (1996) 44 Cal. App.4th 684, 696; City Attorney Opinion No. 92-10) Section 131. Ordinance To Be Passed The Mayor and Common Council on or before the first Monday of January, 1907, and annually thereafter while any valid law exists for the assessment and collection of City taxes by officers of the County of San Bernardino, shall pass an ordinance electing to avail the City of San Bernardino of the provisions of an act entitled: "An Act to provide for the levy and Collection of taxes by and for the use of municipal corporations and cities incorporated under the laws of the State of California, except municipal corporations of the first class, and to provide for the consolidation and abolition of certain municipal offices, and to provide that their duties may be performed by certain officers of the County, and fixing the compensation to be allowed for such County officers for the services so rendered to such municipal corporation," approved March 27, 1895, and shall cause a certified copy of such ordinance to be filed with the Auditor of said County of San Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 138 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-38 Bernardino. If said act shall be amended, or some other law be substituted in its stead providing for the assessment and collection of City taxes by County officers, the Mayor and Common Council shall conform to the provisions of such amended act or such law in order to avail the City of the privilege of having its taxes assessed and collected by such County officers. Such ordinances shall take effect immediately after their passage and shall not be subject to "The Referendum" as hereinbefore provided. Section 132. Ex-officio Assessor and Tax Collector After the time of noon on the first Monday of March, 1907, if for any cause there shall not be in force any ordinance availing the City of the privilege of having its taxes assessed and collected by the officers of the County, and during the time that there shall be no such ordinance or provision in force, the City Clerk shall be ex-officio Assessor, and the Chief of Police shall be ex-officio Tax Collector; they shall perform respectively the duties and have all the powers prescribed by law or ordinance for Assessors and Tax Collectors. While the City avails itself of the privilege of having its taxes assessed and collected by the County officers, the offices of City Assessor and City Tax Collector shall not exist. The Mayor and the Common Council shall have power, by ordinance, to provide for the compensation of the City Clerk, while acting as ex-officio Assessor and of the Chief of Police while acting as ex-officio Tax Collector for such extra services. The taxes so levied and collected shall be apportioned by the Treasurer to the several specific funds. Section 133. Indebtedness for Municipal Improvement General obligation bonded indebtedness of the City for any purpose for which the City is authorized to provide or for carrying out any of the powers possessed by the City may be incurred in the manner provided by the general laws of the State of California at the time such proceedings are taken. The City shall not incur any indebtedness evidenced by general obligation bonds which shall in the aggregate exceed fifteen percent (15%) of the total assessed value for purposes of City taxation of all the taxable real and personal property in the City. The City shall not incur any bonded indebtedness constituting a general obligation of the City unless such indebtedness is authorized by the affirmative votes of not less than two-thirds (2/3) of those electors voting on the question of incurring such indebtedness at any election at which such question is submitted to the electors of the City. Notwithstanding any other provision or limit in this Charter, bonds of the City payable solely from the revenues of any revenue-producing improvement, building, system, plant works, facilities or undertaking used for or useful in (a) the producing, obtaining, conserving, treating, storing, transmitting, distributing and supplying of water for domestic use, irrigation, sanitation, industrial use, fire protection, recreation or any other public or private use, and (b) the collection, treatment or disposal of sewage, garbage, refuse waste or storm water, including drainage, may be authorized and issued in the manner provided by the general laws of the State of California at the time such proceedings are taken. The issuance of such revenue bonds must be authorized by the affirmative votes Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 139 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-39 of a majority of the electors voting upon the proposition of their issuance at any election at which such question is submitted to the electors of the City. When two or more questions or propositions for the incurring of general obligation bonded debt or for the issuance of revenue bonds are submitted at the same election to the votes cast for and against each question or proposition shall be counted separately. As the 1905 Charter was amended by special election held June 5, 1956) Section 134. Sewer Service Charges The Mayor and Common Council shall levy charges for sewer service which, if so ordered by the Mayor and Common Council, may be collected together with or separately from charges for water service and all charges received for sewer service and all other income and receipts derived from the operations of the sewer system, including any sewage treatment and effluent reclamation works, or arising from the sewer system or said works shall be paid into the Sewer Fund. Said charges shall be at least sufficient to pay the following amounts in the order set forth: a) The necessary and reasonable maintenance and operation costs of the sewer system, including any sewage treatment and effluent reclamation works (which include the reasonable expenses of billing and collection of service charges, management, repair and other expenses necessary to maintain and preserve the sewer system and said works in good repair and working order); b) The principal and interest on bonds issued for sewer purposes; c) Any payment specifically authorized or required by the Mayor and Common Council in any ordinance or resolution providing for the issuance of said bonds. As the 1905 Charter was amended by election held March 19, 1957) Section 135. Demands Against City The provisions of the laws of the State of California relating to the processing of demands and claims against the municipality, the establishment and operation of funds and the transfer of revenue between funds which apply to general law cities shall be applicable to and given full force and effect in the City, provided that the Mayor and Common Council are empowered to and may, by ordinance, prescribe and provide for such matters and other matters directly related thereto and such ordinance after its adoption shall prevail over said provisions of the general law. As amended by election held February 6, 1973) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 140 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-40 Section 136 of the 1905 Charter repealed by election held February 4, 1969) Section 137 of the 1905 Charter repealed by election held February 4, 1969) Section 138 of the 1905 Charter repealed by election held February 4, 1969) Section 139. Valid Claims No claim for commodities furnished, or service performed, shall be valid unless prior to furnishing such commodities, or the rendition of the service, authority for the same had been given by the Common Council, the City Manager or some department of City government, having the authority so to do. No member of the Common Council, the City Manager or member of any department, and no City officer, shall have power to create an indebtedness against the City, or to furnish the basis of a claim without said authority. More v. City (1931) 118 Cal. App. 732, 735-737; Good v. City (1920) 49 Cal. App. 559, 560) Section 140. Advertisement For Supplies, Etc. The purchase of any goods, equipment, materials, supplies, or other personal property, except purchases from other governments or governmental agencies or as otherwise excepted by law, shall be made in the manner prescribed by ordinance which shall provide that such purchases or contracts for purchases where the amount therefor equals or exceeds an amount fixed by such ordinance, shall be open to competitive bidding and that the procedures for such bidding shall include public advertisement therefor, and consideration of factors in the award including low bid, expertise, and such other relevant factors as may be determined by the Mayor and Common Council from time to time. The Mayor and Common Council or any board or officer advertising for sealed proposals hereunder shall have the power to reject any and all bids and readvertise at their discretion. As amended by elections held June 4, 1974, November 6, 1979 and June 2, 1992) Cody v. City (1908) 153 Cal. 24, 26; City Attorney Opinion No. 92-19) Section 141 of the 1905 Charter repealed by election held February 6, 1973) Section 142 of the 1905 Charter repealed by election held February 6, 1973) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 141 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-41 Section 143. Special Funds There is hereby created the following specific funds, to wit: Library Fund, Sewer Fund, Water Fund, and such other funds as may be designated by ordinance or resolution duly passed by the Mayor and Common Council. As amended by election held February 6, 1973) Section 144 of the 1905 Charter repealed by election held February 6, 1973) Section 145 of the 1905 Charter repealed by election held February 6, 1973) Section 146. Water Fund. Out of the Water Fund shall be paid all warrants drawn thereon duly authorized by the Board of Water Commissioners. Section 147 of the 1905 Charter repealed by election held February 6, 1973) Section 148. Library Fund Out of the Library Fund shall be paid all warrants drawn thereon duly authorized by the Board of Library Trustees. Section 149. Sewer Fund Out of the Sewer Fund shall be paid: a) The necessary and reasonable maintenance and operation costs of the sewer system, including any sewage treatment and effluent reclamation works which include the reasonable expenses of billing and collection of sewer charges, management, repair and other expenses necessary to maintain and preserve the sewer system and said works in good repair and working order; b) The principal and interest of bonds issued for sewer purposes; c) Any payments specifically authorized or required by the Mayor and Common Council in any ordinance or resolution providing for the issuance of said bonds; d) Amounts, as the Mayor and Common Council may direct, for the payment of the costs of extensions and improvements of or additions to the sewer system and said works or for any other sewer purposes. As the 1905 Charter was amended by election held March 19, 1957) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 142 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-42 Section 150 of the 1905 Charter repealed by election held February 6, 1973) Section 151 of the 1905 Charter repealed by election held February 6, 1973) Section 152 of the 1905 Charter repealed by election held February 6, 1973) Section 153 of the 1905 Charter repealed by election held February 6, 1973) ARTICLE IX WATER DEPARTMENT Section 160. Water Commissioners - Term of Office - Qualifications - Duties There is hereby created a board consisting of five members which shall be known as the Board of Water Commissioners. Members of such board shall be appointed by the Mayor, subject to the confirmation of the Common Council. The term of office of each commissioner shall be six years; provided, however, that on or after twelve o'clock noon on the second Monday in May 1935, one member of the Board shall then be appointed for a term of six years; that on or after twelve o'clock noon on the second Monday of May, 1937, one member of such board shall be appointed for a term of two years, and one member shall be appointed for a term of six years; and thereafter, on or after twelve o'clock noon on the second Monday of May of each odd numbered year, one member of the Board shall be appointed for a term of six years; provided further that on or after twelve o'clock noon on the second Monday of May, 1971, two members of the Board shall be appointed, one for a one year term and one for a three year term, commencing on the second Monday of May, 1971; and thereafter such members shall be appointed for six year terms commencing on the second Monday of May, 1972, and of May, 1974, and for every six years thereafter. Any member of the Board may be removed at any time by the affirmative vote of five Council Members, and upon any such removal, the vacancy shall be filled by the Mayor, with the consent of the Common Council, for the unexpired term. No person shall be eligible to appointment as a member of said Board unless he/she shall have been a qualified elector of said City for the period of five (5) years next preceding the date of his/her appointment. The Board of Water Commissioners shall perform the duties and responsibilities prescribed in this Charter and shall perform such other duties and responsibilities as are or may be prescribed or delegated by the Mayor and Common Council with the concurrence of the Board. As the 1905 Charter was amended by election held April 13, 1971) City Attorney Opinion No. 94-3; City Attorney Opinion No. 93-8; City Attorney Opinion No. 92-20; City Attorney Opinion No. 91-33) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 143 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-43 Section 161. Oath of Office Before entering upon the duties of his/her office, each member of the Board of Water Commissioners shall make and subscribe before some officer authorized by law to certify oaths, the same oath of office required of other City officers. City Attorney Opinion No. 94-3) Section 162. President - Inventory of Property The first Board of Water Commissioners appointed hereunder shall, within one week after their confirmation by the Common Council, and thereafter their successors shall biennially, meet and organize by the election of one of their number as president. And said Board shall within a reasonable time thereafter, not to exceed thirty (30) days, make an inventory of all the property of the City pertaining to the Water Department that is on hand and in use, consisting of lands, reservoirs, conduits, rights of way, pipes, pipe lines, hydrants, gates, engines, pumps, tools, wells and private water service connection, and shall estimate the value of all such property to determine the whole amount the City has invested in its water system; and shall enter said inventory, together with such estimates, in a record book to be kept by said Commission and shall therein keep a record of all property belonging to the water service of the City, afterwards acquired, together with a record and account of the disposition of any property of said department which has been, or may be sold, lost, destroyed or worn out. City Attorney Opinion No. 94-3) Section 163. Powers The Board of Water Commissioners is hereby authorized and empowered: 1. To establish and collect all water rates, collect all rentals from water bearing lands and generally regulate, control, manage, renew, repair and extend the entire water system of the City; 2. To employ such persons as the necessities of the water service may require, to fix and pay out of the Water Fund the compensation of any and all employees in said water service and to require of any employee in the Water Department an adequate bond for the faithful performance of his/her duties; 3. Upon the order of and in the manner directed by the Mayor and Common Council, to generally regulate, control, manage, renew, repair and extend the City waste water treatment (sewage disposal) plants and that portion of the outfall sewer lines extending from Mill and "E" Streets to said plants, and if so ordered by the Mayor and Common Council to pay all costs and expenses in connection therewith from the Water Fund; Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 144 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-44 4. To incur any indebtedness or liability not exceeding in any year the income and revenue provided for such year, subject to the debt limitation provisions of the Constitution of the State of California; 5. To make rules and regulations governing the conduct of said Board and the members thereof. As the 1905 Charter was amended by election held June 4, 1974) Livingstone v. MacGillivray (1934) 1 Cal.2d 546, 552; Good v. City (1920) 49 Cal. App. 559, 562; City Attorney Opinion No. 94-3; City Attorney Opinion No. 93-8) Section 164. Sale And Use Of Water The Board shall have power to control and order the expenditure of all money received from sale or use of water, for the defraying of expenses or maintenance and repairs and operation of the water system, and for any expenses for additions to the same; and for supplying the City with water for any and all purposes; provided that all such money shall be deposited in the treasury of the City to the credit of a fund to be known as the Water Fund, and shall be kept separate and apart from other moneys of the City, and shall only be drawn from said fund upon demands authenticated by the signature of the President and Secretary of the Board, or in the absence of the President, by the signatures of two members and the Secretary of the Board, except that the Common Council may, in its discretion, monthly transfer from the Water Fund to the General Fund not more than ten percent (10%) of the revenues of the Water Department during the preceding month, and except that the Mayor and Common Council may, in its discretion, monthly transfer from the Water Fund to the proper Bond Fund an amount of money equal to one-twelfth (1/12) of the amount which will become due and payable during the current year for interest or principal, or for interest and principal, upon any or all outstanding Water Works Bonds. As the 1905 Charter was amended by special election held April 8, 1935) City Attorney Opinion No. 94-3) Section 165. Receipts and Disbursements of Water Funds Said Board shall cause to be kept in proper books provided therefor, a complete and accurate account of all the receipts and disbursements on account of said water system, and the same shall be kept open to the inspection of the public at any and all reasonable hours. City Attorney Opinion No. 94-3) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 145 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-45 Section 166. Map Of Water System And Service Said Board appointed hereunder shall within a reasonable time after their appointment, cause to be made and drafted by a competent engineer a suitable map showing the entire water system of the City; its source of supply, reservoirs, mains, gates, stop-off cocks, size of pipe, hydrants and all individual water service connections; said map to be the official map of the water system of the City. And from time to time, as the water service of the City increases, said Board shall cause to be made additional maps showing in detail the increased water service of the City. City Attorney Opinion No. 94-3) Section 167. Financial Condition Of Water Department, Etc. Not less than thirty (30) days, nor more than forty (40) days, prior to the fixing of the general tax levy by the Common Council, and at any other time when required by the Common Council, said Board shall make and file with the Clerk of said Common Council a report, showing a full detailed statement of the financial condition of the Water Department; together with an estimate of the needs and requirements of said department for the ensuing year and the costs thereof. And whenever required by the Common Council said Board shall make and file with the Clerk of said Common Council, a full and detailed statement of all property of whatsoever nature or kind belonging to said Water Department. City Attorney Opinion No. 94-3) Section 168. City Clerk Ex-Officio Secretary The City Clerk shall be ex-officio Secretary of said Board, and shall keep a record of the proceedings thereof; and shall, whenever required so to do, certify such proceedings under his/her hand, the same to be authenticated by seal, if a seal is adopted and provided by said Board for that purpose. City Attorney Opinion No. 94-3) Section 169. Meetings The Board shall hold regular stated meetings at the City Hall at least twice in each month, and as often as the necessities of the Water Department require. City Attorney Opinion No. 94-3) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 146 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-46 Section 170. Compensation of Members The members of said Board shall each receive a salary as compensation for his/her services, payable out of the Water Fund of the City, as follows: The President, three hundred dollars ($300.00) a year, and each of the other members, one hundred fifty dollars ($150.00) a year. City Attorney Opinion No. 94-3) Section 171. Ordinance to Enforce Rules It shall be the duty of the Mayor and Common Council to pass such ordinances as may be necessary to enforce the rules and regulations of said Board of Water Commissioners. City Attorney Opinion No. 94-3) ARTICLE X POLICE AND FIRE DEPARTMENTS Section 180. Powers of Mayor and Common Council The police and fire departments shall be under the general supervision of the Mayor. The City Manager shall be the immediate supervisor of the Chief of Police and the Chief of the Fire Department. Neither the Mayor nor the City Manager shall interfere or attempt to interfere with the discharge of those duties of the Police or Fire Chief(s) the performance of which are required by law. The Mayor and Common Council shall have power upon the recommendation of the City Manager to fix and prescribe the salaries, qualifications, duties, rank, badges of office and uniforms of the officers, members and employees of said departments; to prescribe rules and regulations for the organization, government and discipline of the same, and to prescribe penalties for violations thereof; subject to the civil service provisions of this Charter. The Mayor shall determine any and all complaints of misconduct, inefficiency or violation of rules or other charges against the chiefs of said departments, and shall take such action thereon as shall be most conducive to the maintenance and discipline and efficiency of such departments, including suspending and or dismissing, for cause, the Chief of Police and/or the Chief of the Fire Department subject to the laws of the State of California. As the 1905 Charter was amended by special election held November 4, 1924) City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-25) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 147 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-47 Section 181. Police Department - Membership The Police Department shall consist of a Chief of Police, and as many ranking officers, police officers and other employees as the Mayor and Common Council may from time to time determine. As the 1905 Charter was amended by election held November 3, 1942) City Attorney Opinion No. 95-2; City Attorney Opinion No. 91-2; City Attorney Opinion No. 89-11) Section 182. Chief of Police - Duties The Mayor shall appoint a Chief of Police, subject to the approval of the Common Council. The Chief of Police shall have the powers and duties that are now or that may hereafter be conferred upon chiefs of police by the laws of the State, and such powers and duties shall in all respects be promptly executed by the Chief of Police, police officers, and by authorized personnel in the Police Department. The Chief of Police shall enforce the laws of the State and the ordinances of said City, and shall arrest or cause to be arrested all persons for whom probable cause exists to believe said person(s) may be guilty of violations of the same. He/she shall also have charge of the City jail, if one is in existence, of all prisoners and of all those who are sentenced to labor upon the public streets, public works or other places of said City and shall execute and enforce all orders and sentences in reference thereto; and he/she shall perform such other duties as may be prescribed by the Mayor and Common Council or by the City Manager. As the 1905 Charter was amended by election held June 7, 1966) City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-25) Section 183. Fire Department - Membership The Fire Department shall consist of a Chief of the Fire Department and as many ranking officers, firefighters and other employees as the Mayor and Council may determine. City Attorney Opinion No. 91-21) Section 183 A. Chief of the Fire Department - Duties The Mayor shall appoint a Chief of the Fire Department, subject to the approval of the Common Council. The Chief of the Fire Department shall have the powers and duties that are now or that may hereafter be conferred upon chiefs of fire departments by the laws of the State, and such powers and duties shall in all respects be promptly executed by the Fire Chief and by authorized personnel in the Fire Department; and he/she shall perform such other duties as may be prescribed by the Mayor and Common Council or by the City Manager. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 148 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-48 Section 184. Supervision of City Manager Over Funds, Moneys, Etc. The City Manager shall supervise and possess power and authority over all the funds, moneys and appropriations for the use of the Police and Fire Department, also the organization, government and discipline, subject to the restrictions in Section 180 of this Charter, of said Departments, and shall have control of all the property and equipments belonging to the same. City Attorney Opinion No. 91-2) Section 185. Power to Make Rules and Regulations Said Mayor and Common Council shall have power to make all necessary rules and regulations, upon the recommendation of the City Manager, to carry into execution and effect the foregoing powers contained in this Article, and in general to enable the appropriate city officers to manage and control said departments. City Attorney Opinion No. 90-25) Section 186. Salaries There is hereby established for the City of San Bernardino a basic standard for fixing salaries, classifications, and working conditions of the employees of the Police and Fire Departments of the City of San Bernardino, and the Mayor and the Common Council in exercising the responsibility over these departments vested in them by this Charter shall hereafter be guided and limited by the following provisions: FIRST: Classification The following classes of positions are hereby created in the Fire Department and Police Department of the City of San Bernardino, and the code numbers, titles, and salaries as hereinafter set forth are hereby established and fixed for such classes of positions. The letter "P" represents "Position" and the five steps in Positions 1, 2 and 3 being represented by the letters "a," "b," "c," "d" and "e" are: "a" designating the first six months of service in the respective departments, "b" designating the following eighteen months of service in the respective departments, "c" designating the third year of service in the respective departments, "d" designating the fourth year of service in the respective departments, and "e" designating the fifth and all subsequent years of service. Advancements in salary shall be made automatically step by step after each step of aggregate active service in the department in which the member is employed. Each person employed in the Fire Department and Police Department shall be entitled to receive for his/her services in his/her position the applicable respective rate or rates of compensation prescribed for the class in which his/her position is allocated. Additional titles may be established by the Mayor and Common Council, upon the Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 149 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-49 recommendation of the City Manager, but only titles for Local Safety members of the Police and Fire Departments shall be placed in one of the following classifications having the most nearly equal duties and responsibilities. Local Safety members of the Police and Fire Departments shall mean any local police officer or local firefighter as defined under the provisions of the Public Employees Retirement System Law as specified in the California Government Code or amendments thereto. Class of Position Classification Number Title Title Fire Department Police Department P1 (Steps a,b,c,d,e) Firefighter, Battalion Chief Aide Police Officer P2 (Steps a,b,c,d,e) Fire Prevention Inspector Juvenile Officer, Detective, Senior Identification Inspector P3 (Steps a,b,c,d,e) Engineer Sergeant P4 Captain, Assistant Fire Prevention Engineer Lieutenant P5 Battalion Chief, Drill Master, Fire Prevention Engineer Captain, Superintendent of Records and Identification P6 Assistant Chief Assistant Chief P7 Chief Chief SECOND: Basic Salary Schedule a) The monthly salaries of Local Safety members of the San Bernardino Police and Fire Departments included in classifications P1, P2, P3 steps "a" and "e" of P4, P5, P6 and P7 shall be fixed on August 1, 1976, for the balance of the current fiscal year and, thereafter, annually on August 1 of each succeeding year at the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to Local Safety members of like or most nearly comparable positions of the police and fire departments of ten cities of California with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 150 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-50 b) The ten cities used for fixing the monthly salaries shall be those ten cities remaining from an original and complete list of all California Cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State Controller after representatives of the City and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten cities remain. The representatives to strike the first name from the list shall be determined by lot. c) In the event one or more of the ten cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification, shall be computed as the arithmetic average of the next highest and next lowest comparable position classification of that City. d) The salaries paid in step "a" shall be the same as the arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in step "e" shall be the same as the average of the top salaries paid in the comparable positions in the ten cities. The salaries paid in steps "b," "c" and "d" shall be fixed at amounts which will cause the Local Safety members of the San Bernardino Police and Fire Departments to advance from the starting steps to the maximum pay steps in approximately equal salary advances. THIRD: Special Salary Provisions The following special provisions shall apply in addition to the compensation received in accordance with the above salary positions: a) Police Department: Each police officer assigned to traffic enforcement duties on a motorcycle shall be paid when performing such duties during the period of assignment at the rate of not less than fifty dollars per month in addition to the pay step to which he/she is entitled as extra-hazard pay for motorcycle duty. The Police Chief shall certify monthly as to the assignment and the period of time worked to validate entitlement to the extra- hazard pay. b) Police and Fire Departments: Any Local Safety member of the Fire and Police Departments temporarily acting in a position in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) consecutive working days or five consecutive shifts, shall receive the same salary for the higher rank to which he/ Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 151 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-51 she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief of the department in which the assignment to the higher rank occurs shall certify as to the assignment and the period of time worked in the higher rank to validate entitlement to the salary of the higher rank. c) Fire Department - Paramedics. The Mayor and Common Council, upon the recommendation of the City Manager, may authorize additional salary to be paid to local safety members of the Fire Department, assigned to duty as paramedics, during the period of such assignment. d) Fire and Police Departments-Education/Longevity Incentive Pay. The Mayor and Common Council, upon the recommendation of the City Manager, may authorize additional salary to be paid to local safety members of the Police Department and the Fire Department who have completed educational or longevity requirements specified by the Mayor and Common Council. e) Fire Fighters 1) All employees (below the rank of Battalion Chief) assigned to an average 56 hours per week assignment shall be compensated at an hourly rate of time and one-half (12) their regular hourly rate of base pay, such compensation to be computed for each one quarter (3) hour increment worked in excess of their average 56 hour weekly assignment. 2) All employees (below the rank of Battalion Chief) working a 40 hour per week assignment shall be compensated at an hourly rate of time and onehalf (12) their regular hourly rate of base pay, such compensation to be computed for each 30 minute increment worked in excess of their regular eight (8) hour per day assignment of their 80 hours assignment during each pay period. FOURTH: Work Week Repealed in the 1905 Charter by election held June 8, 1976) FIFTH Repealed in the 1905 Charter by election held June 8, 1976) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 152 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-52 SIXTH: Definitions The words and terms defined in this subsection shall have the following meanings in this section: a) A "Shift" means a 24-hour duty for the Fire Department, except for the positions of Chief, Assistant Chief, and local safety members working in the Fire Prevention Bureau, and such other local safety positions as may hereafter be granted a forty 40) hour average work week by resolution of the Common Council upon the recommendation of the City Manager. As the 1905 Charter was amended by elections held April 12, 1955; February 6, 1976, June 8, 1976, May 5, 1981, and March 5, 1985) San Bernardino Fire & Protective League v. City (1962) 199 Cal. App.2d 401, 404-419; City Attorney Opinion No. 97-1; City Attorney Opinion No. 95-2; City Attorney Opinion No. 93-16; City Attorney Opinion No. 93-13; City Attorney Opinion No. 93-4; City Attorney Opinion No. 92-16; City Attorney Opinion No. 92-2; City Attorney Opinion No. 91-32; City Attorney Opinion No. 91-23; City Attorney Opinion No. 91-3; City Attorney Opinion No. 91-2; City Attorney Opinion No. 90-17; City Attorney Opinion No. 90-11; City Attorney Opinion No. 89-21; City Attorney Opinion No. 88-11) ARTICLE XI SCHOOL DISTRICTS Section 190. Definition The San Bernardino City Unified School District, as such term is used by this Charter, shall mean and include all of the public schools of said District. As amended by elections held March 21, 1961 and February 6, 1973.) Board of Education Section 191. Members The Board of Education of the San Bernardino City Unified School District shall consist of seven members who shall be residents of the Unified School District or, in the event trustee areas are established in said District, of such trustee areas. The Board of Education shall have all the powers and duties now or hereafter prescribed by the Education Code of the State of California for such board. As amended by elections held March 21, 1961 and February 6,1973) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 153 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-53 Board of Education: Term, Election Section 192. Terms of Office - Election The terms of office and the election of the members of the Board of Education shall be in accordance with and pursuant to the provisions of the Education Code of the State of California relating to governing boards of such school districts. As the 1905 Charter was amended by elections held March 21, 1961 and February 6, 1973) Vacancies Section 193. How Filled Vacancies in the office of members of the Board of Education shall be filled by the remaining members of the Board at the next regular meeting after such vacancy occurs. The member so appointed shall hold such office for the unexpired term of his predecessor. As amended by election held on March 21, 1961) Section 194. Meetings The Board of Education shall enter upon the discharge of their duties on the second Monday in May after their election, and the Board shall meet upon said date and organize by electing one of their number president and biennially thereafter. They shall hold regular meetings at least once each month at such place and time as may be designated by its rules. Special meetings may be called by the President, or by any three members. No business shall be transacted at such special meetings that has not been distinctly stated in the call. A majority of the members shall constitute a quorum, but an affirmative vote of three members shall be necessary to pass an order. The sessions of the Board shall be public and its minutes open to public inspection. The Board may determine the rules of its proceedings and the ayes and noes shall be taken and recorded when demanded, and they shall be taken and recorded on all questions involving elections, or appointments, or the expenditure of money. Section 200. Filing of Claims All claims payable out of the School Fund shall be filed with the Secretary of the Board and, before payment, shall be approved by said Board upon a call of ayes and noes which shall be recorded. As the 1905 Charter was amended by election held February 6, 1973) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 154 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-54 ARTICLE XII FREE PUBLIC LIBRARY Section 205. Trustees - Terms The Free Public Library shall be under the management of a Board of five Trustees who shall be appointed by the Mayor subject to the approval of the Common Council; provided, that the first Board of Trustees under this Charter shall take office on the second Monday of May, 1905, and shall at their first meeting so classify themselves by lot that three of their number shall go out of office at the expiration of two years, and two at the expiration of four years; otherwise their term of office shall be four years. On the second Monday in May succeeding every General Municipal Election, the Board shall organize by choosing one of their number President. They shall also elect some suitable person as Secretary who shall act and hold office at the pleasure of the Board. Section 206. Trustees - No compensation The position of Trustees shall be one of honorary trust without salary, or compensation, and all appointments made by them shall be made without regard to politics, and irrespective of sex. Said Library Trustees shall not be less than twenty-five (25) years of age, and must have been residents of said City at least five years prior to their appointment. City Attorney Opinion No. 92-20) Section 207. Library Tax The Mayor and Common Council shall at the request of the Board of Trustees in making the annual tax levy, and as part thereof, levy a rate which shall produce a minimum amount of at least two thousand dollars ($2,000.00) for the purpose of maintaining said Library and for purchasing books, journals and periodicals. Section 208. Donations - Bequests If payment into the treasury of any money or property derived by donations or bequest would be inconsistent with the conditions, or terms of any such donations, or bequest, said Board shall provide for the safety and preservation of the same, and the application thereof to the use of said Library in accordance with the terms and conditions of such donation or bequest. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 155 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-55 Section 209. Title To Real And Personal Property The title to all property, real and personal, now owned or hereafter acquired by purchase, donation or bequest, or otherwise, for the purpose, or use of said Library, when not inconsistent with the terms of its acquisition, shall vest and be and remain in said City, and in the name of said City may be sued for and defended by action at law, or otherwise. Section 210. Meetings The Board shall meet at least once each month and a majority shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time. It shall elect a Librarian and such assistants as may be necessary. The Secretary shall keep a full account of all property, money, receipts and expenditures and a record of all its proceedings. The Secretary must serve without compensation. Section 211. Powers of Board The Board shall have power: FIRST: To make and enforce all rules, regulations and by-laws necessary for the administration, government, and protection of said Library and all property belonging thereto, or that may be loaned thereto; SECOND: To administer any trust declared, or created for such Library and reading rooms; THIRD: To define the powers and prescribe the duties of all officers, to determine the number of, and elect all necessary subordinate officers and assistants, and at their pleasure to remove any such officer or assistant, subject to the civil service provisions of this Charter; FOURTH: To purchase necessary books, journals, publications and other personal property; FIFTH: To fix salaries of the Librarian and assistants, and other employees; to rent and equip such building or buildings, room or rooms as may be necessary for such Library or reading rooms; Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 156 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-56 SIXTH: To allow non-residents to borrow books upon such conditions as the Board may prescribe; SEVENTH: To provide memorial tablets and niches or other means to perpetuate the memory of any person who makes donations or bequests to the Public Library; EIGHTH: To do all that may be necessary to carry into effect the provisions of this Charter with reference to said Library and reading rooms. As the 1905 Charter was amended by special election held November 4, 1924, with reference to THIRD.) Section 212. Reports Said Board on or before the third Monday in July of each year, shall make a report to the Mayor and Common Council giving the condition of its trust, with full statement of all property and money received, whence derived, how used and expended, the number of books, journals and other publications on hand, the number added by purchase, gift or otherwise, during the next preceding fiscal year, the number lost or missing, the number and character of those loaned, and such other statistics, information and suggestions as may be of general interest; and also a financial report showing all receipts and disbursements, with particulars thereof, and the names of all employees and the salaries paid to each. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 157 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-57 ARTICLE XII-A PARk AND RECREATION COMMISSION Section 213. Members - Term of Office There is hereby created a Park and Recreation Commission consisting of nine (9) members, whose terms of office shall be four years. As the 1905 Charter was amended by election held February 4, 1969) Section 214. Appointment Each Council Member shall appoint one commissioner whose term shall coincide with that of the appointing Council Member and the Mayor shall appoint two (2) commissioners, one of whom shall initially have a two (2) year term coinciding with the term of the Mayor and the other shall have a four (4) year term commencing on the second Monday of May, 1969. Thereafter, each Mayor and each Council Member, upon assuming office, shall appoint one member to the Commission for a four (4) year term. Any vacancy occurring for any reason shall be filled in the same manner as the original appointment. As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18) Section 215. Removal From Office Commissioners shall hold office for a term of four (4) years and until their successors have been appointed and qualified. Commissioners shall serve at the pleasure of the appointing officer and any member of said Park and Recreation Commission may be removed at any time by the affirmative vote of five (5) Council Members, and upon any such removal the vacancy shall be filled as aforesaid for the unexpired term. As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 91-33) Section 216. No Compensation - Meetings The members of the Park and Recreation Commission shall serve without compensation. Immediately after appointment and qualification, said Commission shall organize by electing from among its membership a Chairman and a Secretary. Regular meetings shall be held at least once a month. As the 1905 Charter was amended by election held February 4, 1969) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 158 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-58 Section 217. Duties The Park and Recreation Commission shall: a) Act in an advisory capacity to the Mayor and Common Council and to the City Manager in all matters pertaining to parks, recreation and parkways. b) Consider the annual budget of the Park and Recreation Department during the process of its preparation and make recommendations with respect thereto to the Mayor and Common Council and to the City Manager. c) Perform such other duties as may be prescribed by ordinance not inconsistent with the provisions of this Charter. As the 1905 Charter was amended by election held February 4, 1969) City Attorney Opinion No. 93-8) Section 218 of the 1905 Charter amended by election held February 4, 1969, and repealed by election held November 2, 1976) Section 219. Appeal to Council Any person dissatisfied with a decision of ruling of the Park Commission may appeal to the Common Council, and said Council by an affirmative vote of five (5) members may reverse or modify said decision or ruling. As the 1905 Charter was amended by election held June 7, 1966) City Attorney Opinion No. 93-8) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 159 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-59 ARTICLE XLII MISCELLANEOUS Section 220. Fiscal year The fiscal year of the City of San Bernardino shall begin on the first day of July and end on the last day of June of each year. Section 221. Definitions City: The word "City" wherever it occurs in this Charter, unless it expressly appears otherwise, means the City of San Bernardino. General Supervision: The supervision by the Chief Executive Officer which is supervision that includes giving general policy directions, but does not include the authority to issue specific, day to day directives; requires the person exercising the general supervision to vigilantly observe the official conduct of the person/department/public institution being supervised, and take notice of the fidelity and exactitude or want thereof, with which the person/department/public institution being supervised executes his/her/its duties and obligations, especially in the collection, administration and disbursement of public funds and property. Any defamation or willful neglect of duty or official misconduct shall be laid before the Common Council in order that public interests may be protected and the person/department/public institution in default proceeded against according to law. Immediate Supervisor: The person with authority to observe, evaluate, issue specific, day to day directives to, approve/disapprove requests of, promote, demote, recommend or not recommend salary increases for, suspend, and recommend for termination, the person being supervised, except in cases of recommendations for termination of persons who occupy positions for which this Charter specifically provides otherwise. Manager-Directed Departments of the City: All City departments except the Offices of the Mayor, City Attorney, City Clerk and City Treasurer and except for the Water Department, the Free Public Library and the Civil Service Administration. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 160 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-60 Component Board: Board of Water Commissioners, Civil Service Board, Free Public Library Board of Trustees, and/or any other board established under the authority of the Mayor and Common Council which has the formal authority to hire, terminate, promote, or demote, any person applying for or occupying a salaried position under the City government. Civil Service Administration: The Civil Service Chief Examiner and those employees who work under his/her supervision. Civil Service System: The Civil Service Board, the Chief Examiner, the employees supervised by the Chief Examiner, the functions and work products of the Civil Service Board, the Chief Examiner and the employees he/she supervises. Current Charter: The Charter adopted by the voters on January 6, 1905, and all amendments thereto, beginning with those approved on December 28, 1908, through November 5, 2002, and any other amendments that may be adopted prior to the effective date of this Charter as provided in Section 244, herein. This Charter: This document and its full text. Full-time Permanent Employee: Any person hired to work for the City who works a minimum of thirty-two (32) hours per week, and who is hired as a retirement benefits-eligible employee pursuant to the Public Employees Retirement System (PERS) guidelines, and for whom there is no date of termination stated when said person is hired. Section 222. Oath of office Whenever oath of office is mentioned in this Charter, it means the oath of office or affirmation in form as prescribed by the Constitution of this State. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 161 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-61 Section 223. Ordinances in Force All laws, ordinances and resolutions relating to the City of San Bernardino, now in force and not inconsistent with this Charter, shall be and remain in force after this Charter takes effect until repealed or changed by the proper authority; and all actions and proceedings in any court wherein said City is a party, when this Charter takes effect, shall continue thereafter with said City as a party until regularly disposed of. As the 1905 Charter was amended by special election held April 11, 1921) In re Baxter (1906) 3 Cal. App. 716, 719) Section 224 of the 1905 Charter repealed by special election held April 11, 1921) Section 225. Restrictions on Officers No person holding a salaried office of this City, whether by election or appointment, shall hold any other office of honor, trust or emolument under the government of the United States, or of this State, except the office of Notary Public, Court Commissioner, or an office in the National Guard, and any person holding any salaried office of this City, who, during his/her term of such office, shall accept or hold any other office as aforesaid, except that of Notary Public, Court Commissioner, or in the National Guard, shall be deemed thereby to have vacated the office held by him/her under this City Government, and the same shall immediately become vacant. Nothing herein shall be deemed to prohibit any person holding any salaried office of this City from accepting an appointment to and serving on any Federal or State Commission or Committee providing such appointment and service is not full-time. As the 1905 Charter was amended by election held November 6, 2001) Section 226. Delivery of Property All Officers, Board, and Commissioners shall each, on going out of office, turn over and deliver to their respective successors in office, all books, papers, documents, records, archives and all other property or things pertaining to their respective offices, boards or departments, in their possession or under their charge or control. Section 227. Office Hours The Common Council shall provide by ordinance the hours that the several offices of the City shall be kept open for the transaction of business. Section 228 of the 1905 Charter repealed by election held February 6, 1973) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 162 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-62 Section 229. Deposit of Money It shall be the duty of every City officer, upon receiving into his/her hands money belonging to the Municipality, to forthwith deposit the same with the City Treasurer, except where otherwise provided by this Charter. Section 230. Term of Office Every elective or appointive officer of the City shall hold office during the term prescribed by this Charter, and until his/her successor is elected or appointed and qualified, and every appointive officer or employee, except employees in the classified service, whose term is not fixed, shall hold office during the pleasure of the officer or board appointing him/her, and when an appointment is made to fill a vacancy in an unexpired term, the person appointed shall, if it be an appointive office, hold for the unexpired term and if for an elective office until the next succeeding general municipal election, at which time the office shall be filled for the balance of the term by an election. As the 1905 Charter was amended by special election held November 4, 1924.) Section 231 of the 1905 Charter repealed by election held February 6, 1973) Section 232 of the 1905 Charter repealed by election held February 6, 1973) Section 233 of the 1905 Charter repealed by election held March 6, 1979) Section 234. Reimbursement For Expenses That elective officers shall be entitled to receive reimbursement for their necessary expenses while engaged on Municipal business, including mileage in the City of San Bernardino, such expenses not to exceed the expenses authorized for other City employees or officers. a) The Mayor and Common Council shall, with all due diligence, contract with the Board of Administration of the State Employees Retirement System, and do all things necessary to provide for the participation by the City of San Bernardino and the employees thereof, in the State Employees Retirement System, with full credit being given to the employees of said City for prior service rendered. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 163 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-63 b) That any contract so entered into by said Mayor and Common Council with the Board of Administration of the State Employees Retirement System shall only be terminated by an ordinance adopted by a majority vote of the electorate of the City of San Bernardino. As the 1905 Charter was amended by elections held May 16, 1944, March 19, 1945 and March 7, 1989) Section 235. Qualification of officers The City Clerk and City Treasurer shall have been qualified electors and residents of the City for a period of at least thirty (30) consecutive days prior to their appointment or filing of their nomination papers for election to office. As the 1905 Charter was amended by elections held February 6, 1973, and November 2, 1976) Section 236 of the 1905 Charter repealed by election held February 04, 1969 Section 237 of the 1905 Charter repealed by election held February 04, 1969 Section 238. Power to Reject Bids and Readvertise In all cases where advertising is required for sealed proposals under Section 140 of this Charter, the Mayor and Common Council, or any board or officer making such advertisement, shall have power to reject any or all bids and readvertise in their discretion. Section 238, Subsection (a) of the 1905 Charter repealed by election held February 6, 1973) Section 239 of the 1905 Charter repealed by election held February 04, 1969 Section 240. Taking or Damaging Private Property Whenever it becomes necessary for the City to take or damage private property for public use, the Mayor and Common Council may direct proceedings to be taken therefor under the provisions of the Code of Civil Procedure of this State to procure the same. City Attorney Opinion No. 91-16) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 164 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-64 Section 241. Employment of Legal Counsel Upon the recommendation, and with the written consent, of the City Attorney, the Mayor and Common Council shall have power and authority to employ and engage such legal counsel and services and other assistants, as may be necessary and proper for the interest and benefit of the City and the inhabitants thereof. As amended by election held November 6, 2001) City Attorney Opinion No. 89-11; City Attorney Opinion No. 87-59; City Attorney Opinion No. 87-36) Section 242. Qualifications of City Employees and Appointment The Mayor and Common Council may prescribe the number, qualification and compensation of the deputies, clerks, assistants, employees and attaches of the City Attorney, City Treasurer and City Clerk. All deputies, clerks, assistants, attaches and employees of the City Attorney, City Clerk and City Treasurer shall be appointed by the respective officers with the consent and approval of the Mayor and Common Council, and shall hold office at the pleasure of the officers appointing them. As the 1905 Charter was amended by special election held November 4, 1924.) Scott v. Common Council (1996) 44 Cal. App.4th 684, 687-688, 696; City Attorney Opinion No. 93-19) Section 243 of the 1905 Charter repealed by election held November 5, 1974) Section 243. Nepotism Neither the Common Council, the Board of Water Commissioners, the Free Public Library Board of Trustees, the Civil Service Board, nor any elective officer, nor the City Manager, nor the Civil Service Chief Examiner, shall recommend for hire, appoint, hire or confirm the hiring or appointment to a salaried position under the City government or any of its components any person who is a relative by blood or marriage within the third degree of any one or more of the members of such Common Council, member of a component board, any elected official of the City, the City Manager or the Civil Service Chief Examiner, nor shall any department head or other officer recommend for appointment or appoint any relative of such department head or other officer within such degree to any such position. This provision shall not affect the employment or promotional status of a person who has attained a salaried position with the City prior to the existence of a situation contemplated by this provision; however, those persons with appointive powers and/or supervisorial powers in such a situation shall disqualify themselves from all decisions affecting the employment and promotional status of such person. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 165 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-65 Section 244. When Charter Takes Effect This Charter shall take effect on the day of the swearing in of the Mayor for the 2006 to 2010 term for the Office of Mayor, but notwithstanding the foregoing, this Charter shall take effect no later than April 3, 2006. Section 245. Early Effective Date of Certain Sections of This Charter Notwithstanding the effective date of this Charter provided in Section 244 herein, the provisions of Sections 120, 122 and this Section (245) shall take effect when accepted and filed by the Secretary of State as amendments to the current Charter; subsequently, Sections 120, 122 and 245 herein, shall continue in full force and effect under this Article with the same text and same section designations in this Charter, when this Charter takes effect as provided in Section 244 herein. Effective March 16, 2005) Section 246. Civil Service Board - Appointment A Civil Service Board is hereby created which shall consist of five members who shall be qualified electors of the City and appointed as hereinafter provided. The three members in office on the first Monday in May, 1959, shall continue to serve for the remainder of their respective terms. On July 1, 1958, or as soon thereafter as this Charter amendment becomes effective, the Mayor, with the consent and approval of the Council, shall appoint one member to serve until the first Monday of May, 1959, and one to serve until the first Monday of May, 1961, and thereafter, by rotation in the following manner: Two members shall be appointed on the first Monday of May, 1959, two on the first Monday of May, 1961, and one on the first Monday of May, 1963, each for a term of six years. On the first Monday of May, 1965, and every odd numbered year thereafter, the Mayor with the consent and approval of the Council, shall appoint the same number of members of the Civil Service Board for a term of six years as the number of members whose term of office expires at that time, who shall take office the first Monday of Mayof said year, or as soon thereafter as appointed and qualified. Members of the Board shall not hold any other public office. As added to the 1905 Charter by special election held November 4, 1924 and amended by special election held June 3, 1958.) City Attorney Opinion No. 95-12; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 166 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-66 Section 247. Civil Service to Organize and Appoint Secretary Immediately after appointment and qualification the Board shall organize by electing one of its members chairperson. The Board shall appoint a Chief Examiner who shall also act as Secretary of the Board. The Board may appoint such subordinates as the City Council may, by ordinance, prescribe. As added to the 1905 Charter by special election held November 4, 1924.) City Attorney Opinion No. 95-12; City Attorney Opinion No 91-8; City Attorney Opinion No. 88-9) Section 248. Classified and Unclassified Civil Service The Civil Service of the City of San Bernardino is hereby divided into the unclassified and the classified service: 1) The unclassified service shall include: a) All officers elected by the people; b) All officers appointed for a definite term; c) All deputies and assistants of elective officers who hold office during the pleasure of such elective officers; d) City Manager, Assistant City Manager, Deputies and/or other Assistants of the City Manager; e) The heads of departments, and the heads of divisions of departments and members of all appointive boards; f) One secretary for each department and one secretary for the City Manager. 2) The classified service shall comprise all positions not specifically included in this Charter in the unclassified service. There shall be in the classified service, the following three classes, to be known as the competitive class, the uncompetitive class and the labor class: a) The competitive class shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 167 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-67 b) The uncompetitive class shall consist of all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, or may be determined by the rules of the Board. c) The labor class shall include ordinary unskilled labor. As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 97-1; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-18; City Attorney Opinion No. 91-4; City Attorney Opinion No. 89-15; City Attorney Opinion No. 88-19) Section 249. Veteran Preference In any open examination administered by the Civil Service Board or its Board of Special Examiners or Chief Examiner, any person who has served in the regular armed forces of the United States of America in time of war and who has been honorably placed on inactive status or has been honorably discharged from such service shall receive a bonus of five (5) grade points which will be added to the final examination grade of said person who has obtained a passing grade for such examination. An additional five (5) grade points shall be added to the final examination grade of such person who qualified for the initial five grade points for veteran preference and who have a serviceconnected disability rated at not less than ten percent (10%) of an authorized agency of the federal government. In any such open examination, ten (10) grade points shall be added to the final examination grade of any successful applicant who is a wife of any such United States veteran honorably discharged from the service who, while in service in time of war, was disabled or crippled, thereby being permanently prevented from engaging in a remunerative occupation; or who is the widow of any such veteran who died or was killed in such service and who has not remarried. The Civil Service Board shall define the phrase "in time of war" in its rules and regulations and such definition shall include each war and any campaign involving the United States for which the federal government allows veterans preference. The Bonus granted under this section shall not apply to promotions or promotional examinations. As added by special election held November 4, 1924 and as amended by election held February 4, 1969) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 168 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-68 Section 250. Codes of Rules and Regulations The Civil Service Board, subject to the approval of the Mayor and Council, shall adopt, amend and enforce a code of rules and regulations, providing for appointment and employments in all positions in the classified service, based on merit, efficiency, character and industry, which shall have the force and effect of law; shall make investigations concerning the enforcement and effect of this article and of the rules adopted. As added to the 1905 Charter by special election held November 4, 1924.) City Attorney Opinion No. 96-9; City Attorney Opinion No. 96-8; City Attorney Opinion No. 96-6; City Attorney Opinion No. 96-5.; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion No. 91-8; City Attorney Opinion No. 90-31; City Attorney Opinion No. 90-29) Section 251. Examinations The examiner shall approve examinations for all positions in the classified service in accordance with regulations of the Civil Service Board, and shall maintain lists of eligibles of each class of service of these meeting the requirements of said regulations. All positions in the classified service shall be filled from such eligible list. In making such appointment, preference shall be given to bona fide residents of the City of San Bernardino who have been such residents for at least one year next preceding the date of their appointment, and who are, on said date, qualified electors of said City; subject, however, to the preference provided for in Section 249 of this Charter. As positions are filled, the examiner shall certify the fact by proper and prescribed form to the City Treasurer and the heads of the department in which the vacancy exists. As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 91-8; City Attorney Opinion No. 88-9) Section 252. Promotion to Positions The Civil Service Board shall provide for promotion to all positions in the classified service, based on records of merit, efficiency, character, conduct and seniority. As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 96-5; City Attorney Opinion No. 90-29; City Attorney Opinion No. 90-17) Section 253. One Year Probation An appointment or promotion shall not be deemed complete until an applicable period of probation of not more than one year has elapsed. The probationer may be discharged or reduced at any time within said period upon the recommendation of the head of the department in which said probationer is employed with the approval of a majority of the Civil Service Board. Periods of probation shall be fixed by Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 169 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-69 resolution of the Mayor and Common Council upon the recommendation of the City Manager and procedures for and effective dates of discharges and reductions shall be adopted by the Civil Service Board in its rules and regulations. As added to the 1905 Charter by special election held November 4, 1924 and amended by election held November 5, 1974) City Attorney Opinion No. 96-13; City Attorney Opinion No. 95-8; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion 93-4; City Attorney Opinion No. 91-8; City Attorney Opinion No. 90-29; City Attorney Opinion No. 90-12) Section 254. Discharge or Reduction of Compensation No employee in the classified service shall be suspended, discharged or reduced in classification for disciplinary reasons until the employee has been presented with the reasons for such action specifically stated in writing. The reason for such discharge or reduction and any reply thereto by such employee, shall be in writing and filed with the Civil Service Board. As amended by special election held November 4, 2014) Added by special election held November 4, 1924) City Attorney Opinion No. 97-1; City Attorney Opinion No. 96-9; City Attorney Opinion No. 96-5; City Attorney Opinion No. 95-11; City Attorney Opinion No. 95-10; City Attorney Opinion No. 94-7; City Attorney Opinion No. 94-5.; City Attorney Opinion No. 93-8; City Attorney Opinion No. 93-7; City Attorney Opinion No. 92-1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney Opinion No. 91-4; City Attorney Opinion No. 90-32; City Attorney Opinion No. 90-12; City Attorney Opinion No. 88-9) Section 255. Appeal of Suspension Any employee of any department in the City in the classified service who is suspended, reduced in rank, or dismissed from a department by the City Manager or by the Head of the Department, or by any other authorized supervisor, may appeal from the decision of such officer to the Civil Service Board, and such Board shall define the manner, time and place by which such appeal shall be heard. The judgment of such board shall be final; PROVIDED that the provisions of this section are at all times subject and subordinate to the provisions of Section 256. As added to the 1905 Charter by special election held November 4, 1924) Livingstone v. MacGillivray (1934) 1 Cal.2d 546, 552, 553-554; City Attorney Opinion No. 96-9; City Attorney Opinion No. 95-10; City Attorney Opinion No. 92-27; City Attorney Opinion No. 92-1; City Attorney Opinion No. 91-14; City Attorney Opinion No. 91-8; City Attorney Opinion No. 88-9) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 170 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-70 Section 256. Power to Dismiss A. The City Manager, Acting City Manager, Chief of Police, Chief of the Fire Department and any appointive commissioner, board member or committee member of any committee, of the City of San Bernardino, except those commissioners and members appointed for a definite term, and except for any committees of which the membership is composed entirely of members of the Common Council, may summarily be dismissed for the good of the service by the Mayor, with the consent of two-thirds (2/3) of the Common Council. B.Any Department Head, Division Head or any employee in the unclassified service except elected officers, officers appointed for a definite term, and except deputies, assistants, clerks, employees, and attachés holding office at the pleasure of an elective officer, may summarily be dismissed for the good of the service by the City Manager with the consent of the Mayor and Common Council. As added to the 1905 Charter by special election held November 4, 1924) Livingstone v. MacGillivray (1934) 1 Cal.2d 546, 553) City Attorney Opinion No. 93-19; City Attorney Opinion No. 92-18; City Attorney Opinion No. 92-8; City Attorney Opinion No. 92-1; City Attorney Opinion No. 91-33; City Attorney Opinion No. 91-4; City Attorney Opinion No. 88-20; City Attorney Opinion No. 88-19; City Attorney Opinion No. 88-13; City Attorney Opinion No. 88-10) Section 257. Position in Classified Service All persons in the employ of the City holding positions in the classified service, as established by this Charter, at the time it takes effect, shall retain the same until discharged, reduced, promoted or transferred in accordance herewith. As added to the 1905 Charter by special election held November 4, 1924) Section 258. Payment of Salaries The City Treasurer shall not pay any salary or compensation for service to any person holding a position in the classified service unless the payroll or account for such salary or compensation shall bear the certificate of the Civil Service Board, by its Secretary, that the persons named therein have been appointed or employed and are performing a service in accordance with the provisions of this Charter and of the rules established thereunder. As added by special election held November 4, 1924) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 171 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) C-71 Section 259. Investigations In any investigation conducted by the Civil Service Board, it shall have the power to subpoena and require the attendance of witnesses and the production thereby of books and papers pertinent to the investigation, and to administer oaths to such witnesses. As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 93-7; City Attorney Opinion No. 92-29; City Attorney Opinion No. 91-9) Section 260 of the 1905 Charter added by special election held November 4, 1924, and repealed by election held February 6, 1973) Section 261. Penalties Fixed by Civil Service Board The Civil Service Board, subject to the approval of the Mayor and Council, shall determine the penalties for the violation of the Civil Service provision of this Charter; such penalties, when fixed by ordinance by the Mayor and Council, may be changed from time to time as required. As added to the 1905 Charter by special election held November 4, 1924) City Attorney Opinion No. 91-8) Section 262. Effectiveness and Repeal of Former Charter Upon the effective date as set forth in Section 244, the provisions of this Charter shall be in full force and effect under the law, except for Sections 120, 122, and 245, which take effect when accepted and filed by the Secretary of State as set forth in Section 245. Upon the effective date as set forth in Section 244, the former Charter is hereby repealed except that the text in those articles, sections, categories, and subparagraphs which have been reserved by this Charter are not repealed nor otherwise amended and shall continue in full force and effect in this Charter in their same text and same designations. Section 263. Severability The provisions of the Charter are severable, and, if any sentence, section or other part of this Charter should be found to be invalid, such invalidity shall not affect the remaining provisions, and the remaining provisions shall continue in full force and effect. Rev. October 2016] Return to Municipal Code Contents] Return to Charter Contents] 7.f Packet Pg. 172 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) i A- ANIMALS Animal Shelter - §40 (n) Licensing Fee - §40 (y) ASSESSOR City Clerk Ex-Officio - §132 ASSISTANT/ACTING CITY MANAGER 101 Appointed by City Manager - §101 Acting City Manager Upon Vacancy of City Manager - §103 Dismissal for the Good of Service, Acting City Manager - §256 Duties - §101 Nominated for Appointment and Recommend Removal by Mayor of Acting City Manager- §40 (s) Supervision by Mayor of Acting City Manager, general - §52 Suspend and Discharge for Cause, Acting City Manager - §52 Unclassified Service -§248 (1) (d) ATTORNEYS, EMPLOYMENT 241 AUDIT 50 B- BATHS 40 (u) BEQUESTS 1, 208, 209, 211 Seventh BIDS AND BIDDING 140, 238 BOARD OF EDUCATION 191-200 Claims - §200 Elections - §192 Meetings - §194 Public - §194 Special - §194 Members - §191 President - §194 Quorum - §194 School Fund - §200 Term of Office - §192 Vacancies - §193 BOARD OF WATER COMMISSIONERS 160-171 Annual Report - §167 Appointed by Mayor - §160 City Clerk Ex-Officio Secretary - §168 Compensation - §170 Duties - §160 Inventory - §§162, 167 Map - §166 Mayor and Council to Pass Ordinances -§171 Meetings - §169 Oath - §161 Powers - §163 Collect Rates - §163 Collect Rentals - §163 Control Sewage Disposal Plants - §163 Control Waste Water Treatment Plants -§163 Control Water System - §163 Employ Persons - §163 Incur Indebtedness - §163 Incur Liability - §163 Rules and Regulations - §163 Enforcement - §171 President - §162 Public Records - §165 Qualifications - §160 Removal - §160 Sale and Use of Water - §164 CHARTER INDEX See also Municipal Code Index) A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Rev. October 2016] Return to Municipal Code Contents] 7.f Packet Pg. 173 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) ii Seal - §168 Term of Office - §160 Vacancy - §160 Water Fund - §§143, 146, 164 Transfers to General Fund - §164 BOND, OFFICIAL - 12, 20, 21, 23 BONDS General Obligation - §133 Limitation - §133 b Vote Required - §133 Revenue Bonds - §133 Majority Vote Required - §133 BOOKS Non-Residents to Borrow - §211 Purchase by Library Board - §211 BOUNDARIES - 2 BRIDGES - 40 (q) C- CEMETERIES 40 (m) CERTIFICATE OF ELECTION 12 CHARTER Definition - §221 Effective Date - §244 Repeal - §262 Severability - §263 CHIEF ENGINEER See Fire Chief) CHIEF EXAMINER 247 Certification to City Treasurer - §251 CHIEF OF POLICE - 181 Appointed by the Mayor - §182 Dismissal for Good of Service - §256 Duties - §182 Enforce Laws of State and Ordinances of City -§182 Ex-Officio Tax Collector - §132 Nominate for Appointment and Recommend Removal by Mayor - §40 (s) Supervision General, by Mayor - §52 Immediate, by City Manager - §180 Suspend and Dismiss for Cause, by Mayor - §180 CITY ATTORNEY See Legal Counsel) Advice - §55 (d) Approval of Summary of Ordinances - §33 Chief Legal Officer - §55 (d) Election - §14 Employees Appointed by City Attorney - §242 Hold at the Pleasure - §242 Number, Qualifications, and Compensation Established by Mayor and Council - §242 Experience - §55 (b) Full-Time - §55 (a) Prosecutor - §55 (d) City Ordinances - §55 (d) State Misdemeanors and Infractions, Certain - §55 (d) Qualifications - §55 (b) Residence - §55 (b) Salary - §55 (e) Vacancy - §55 (c) Filling - §55 (c) CITY CLERK Administer Oaths - §60 Affidavits - §60 Demands Allowed, Record of - §60 Duties - §60 Election - §14 Employees Appointed by City Clerk - §242 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 174 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) iii Hold at the Pleasure - §242 Number, Qualifications, and Compensation Established by Mayor and Council - §242 Ex-Officio Assessor - §132 Ex-Officio Secretary, Board of Water Commissioners - §168 Initiative - §120 Licenses - §60 Meetings of Mayor and Council - §60 Keep Journal of Proceedings - §60 Official Records - §60 Indexed - §60 Open to Public Inspection - §60 Ordinances Maintain Copies of - §33 Publish - §33 Validity of Ordinances - §33 Summary of, Preparation - §33 Qualifications - §235 Recall - §122 Referendum - §121 Salary - §24-B Seal - §60 Warrants, Countersign - §60 CITY DEFINED - 2 CITY JAIL - 182 CITY LIMITS Property Within or Without - §1 CITY MANAGER 100-105 Appointed by Mayor - §100 Authority and Duties - §102 Annual Report - 102 (f) Budget - §102 (e) Confer §102 (h), (I), (j) Enforcement of Laws, Contracts, etc. - §102 (c) Immediate Supervision Chief of Police and Chief of Fire Department - §180 Manager-Directed Departments - 102 (a) Other Duties - §102 (g) Power to Appoint - §101 Power to Dismiss - §256 (b) Assistant - §101 Dismissal for Good of Service §256 (a) Estimate of Financial Necessities - §130 Chief Administrative Officer - §100 Mayor and Council’s Authority Over - §104 Non-eligibility - §105 Qualifications - §100 Recommend Additional Salary for Police/Fire §186 Recommend Compensation and Removal of Officers - §40 (s) Recommend Periods of Probation - §253 Supervised by Mayor - §52 Supervision Over Funds, Moneys, etc. - §184 Unclassified Service - §248 (1) (d) Suspend and Discharge for Cause, Mayor’s Power - §52 Vacancy - §103 CITY RESERVOIR TRACT 2 CITY TREASURER Account of Receipts and Expenditures - §70 Claims - §70 Deposit Money With - §229 Duties - §70 Election - §14 Employees Appointed by City Treasurer - §242 Hold at the Pleasure - §242 Number, Qualifications and Compensation Established by Mayor and Council - §242 Moneys, Receive and Pay Out - §70 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 175 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) iv Monthly Statement - §70 Not Pay Salaries Until Certificate from Civil Service Board - §258 Qualifications - §235 Warrants - §60 CIVIL SERVICE BOARD 246-261 Appeal to - §255 Certification to City Treasurer - §§251, 258 Chairman - §247 Chief Examiner - §247 Discharge or Reduction in Rank or Compensation - §254 Eligible Lists - §251 Employees - §247 Examinations - §251 Investigations - §259 Oaths - §259 Penalties - §261 Probation - §253 Procedures for Discharges and Reductions - §253 Promotions - §252 Qualifications - §246 Residence Preference - §251 Rules and Regulations - §250 Force and Effect of Law - §250 Secretary - §247 Subpoenas - §259 Veteran Preference - §249 CLAIMS AGAINST THE CITY 139 Prior Authorization - §139 CLASSIFIED SERVICE 248 (2) Pre-existing Positions - §257 COMBUSTIBLE SUBSTANCES, STORAGE OF 40 (j) COMPENSATION Board of Water Commissioners - §170 City Attorney - §55 (e) City Clerk - §24-B Council - §24-A Election Officers - §11-A Fire - §§180, 186 Education/Longevity Pay - §186 Third (d) Overtime - §186 - Third (e) Paramedics - §186 - Third (c) Temporary Higher Rank - §186 - Third (b) Librarian - §211 Fifth Library Board of Trustees - §206 Secretary - §210 Library Employees - §211 Fifth Mayor - §24 Parks and Recreation Commission - §216 Police - §§180, 186 Education/Longevity Pay - §186 - Third (d) Motorcycle Officers - §186 - Third (a) Temporary Higher Rank - §186 - Third (b) Treasurer Not to Pay Without Certificate From Civil Service Board - §258 COMPETITIVE CLASS 248 (2) (a) CONTRACTS City Manager’s Responsibility - §102 (c) Council Power Regarding Public Utilities - §40 (t) COUNCIL, COMMON Approval of Dismissal by Mayor for the Good of the Service - §256 Committees - §37 Compel Production of Papers - §34 Disorderly or Contemptuous Behavior - §34 Election - §§13, 14 Expulsion - §34 Indebtedness Against the City - §139 Legislative Power Vested in - §30 Mayor Fill Vacancy in Office of - §51 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 176 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) v Override Executive Order of - §39 Monthly Statement of receipts and expenditures - §70 Office Hours, Establish - §227 PARK AND RECREATION COMMISSION Appeal from Decisions - §219 Appointment - §214 Removal - §215 Powers - §40 Necessary and Proper - §40 (aa) Qualifications - §§14-A, 34 Residency - §§14-A, 15 Salary - §24-A Termination of City Officers - §34 Reasons - §34 Vacancy - §§14-A, 15 COUNCIL MEETINGS Adjournments - §35 City Clerk to Attend Meetings - §60 Compel Attendance Members - §§30, 34 Witnesses - §34 Days - §35 Journal of Proceedings - §60 Mayor to Preside - §36 Public - §35 Quorum - §30 Rules for Proceedings - §34 COUNTY OF SAN BERNARDINO Collection of City Taxes - §131 COURT ACTIONS Pre-existing - §223 D- DEFINITIONS Charter - §221 Civil Service Administration - §221 Civil Service System - §221 Component Board - §221 Full-Time Permanent Employee - §221 General Supervision - §221 Immediate Supervisor - §221 Manager-Directed Departments of City - §221 DEMANDS AGAINST THE CITY 135 Ordinance - §135 DOG LICENSING FEE See Animal License Fee) 40 (y) DONATIONS 1 Library, to - §208 Title of Property - §209 E- EFFECTIVE DATE OF CHARTER 244, 262 Repeal of Former Charter - §262 ELECTION OFFICERS 10-14 Compensation - §11-A ELECTIONS Board of Education - §192 Canvass - §11 Certificate of Election - §12 Dates - §§13, 14 General - §10 Initiative, Only One Every 12 Months - §120 Manner of holding - §§10, 11, 14-A Primary - §10 Election at - §10-A Recall - §122 Referendum - §121 Results - §11 ELECTRICAL WORKS 40 (u) EMINENT DOMAIN 240 EMPLOYEES Board of Water Commissioners - §163 (2) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 177 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) vi Civil Service Board - §247 Classified Service - §248 (2) Competitive Class - §248 (2) (a) Discharge or Reduction in Rank or Compensation - §254 Labor Class - §248 (c) Mayor’s Power to Suspend and Discharge - §52 Probation - §253 Promotions - §252 Public Employees Retirement System - §234 State Employees Retirement System - §234 Unclassified Service - §248 (1) Uncompetitive Class - §248 (2) (b) Veteran Preference - §249 EXPENSES Mileage - §234 Reimbursement for - §234 F- FINES, PENALTIES AND FORFEITURES - 40 (r) FIRE CHIEF 183 (A) Dismissal for Good of Service - §256 Duties - §183 (A) Nominate for Appointment and Recommend Removal by Mayor - §40 (s) Supervision General, by Mayor - §52 Immediate, by City Manager - §180 Suspend and Dismiss for Cause, by Mayor - §180 FIRE DEPARTMENT 40 (f) Appointment - §183 (A) Badges - §180 Discipline - §180 Education/Longevity Pay - §186 - Third (d) Funds, Supervision by City Manager - §184 Membership - §183 Paramedics - §186 - Third (c) Positions - §§183, 186 Property and Equipment, Control by City Manager - §184 Qualifications - §180 Salaries - §§180, 186 Shifts - §186 - Sixth (a) Temporary Higher Rank - §186 - Third (b) Under General Control of Mayor - §§180, 184 Uniforms - §180 Work Week - §186 - Fourth FISCAL YEAR 220 FREE PUBLIC LIBRARY See Library, Public) FUNDS, SPECIAL 143 G- GAS Pipes - §40 (v) Works - §40 (u) GENERAL ELECTIONS 10 GENERAL SUPERVISION 50, 52 GUNPOWDER, STORAGE OF 40 (j) GYMNASIUMS 40 (u) H- HOSPITALS 40 (l) HOUSES OF ILL FAME 40 (I) I- INFRACTION Violation of Ordinances - §40 (r) Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 178 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) vii INITIATIVE 120 Election, Only One Every 12 Months - §120 Petition - §120 Veto by Mayor - §120 (a) INMATES 40 (c) J- JAIL / HOLDING AREA 40 (o) JOB ANTIL TRACT 2 K- L- LABOR CLASS 248 (2) (c) LAWYERS, EMPLOYMENT 241 LEGAL COUNSEL, EMPLOYMENT 241 LIABILITY Board of Water Commissioners May Incur - §163 (4) LIBRARIAN Appointed by Library Board - §210 Salary - §211 - Fifth LIBRARY, PUBLIC 40 (u) Annual Tax Levy - §207 Board of Trustees - §205 Administer Trusts - §211 - Second Annual Reports - §212 Compensation - §206 Fix Salaries - §211 - Fifth Meetings - §210 Powers - §211 President - §205 Purchase Books - §211 - Fourth Qualifications - §206 Quorum - §210 Secretary - §205 Term of Office - §205 Books Non-Residents to Borrow - §211 - Sixth Purchase - §211 - Fourth Donations - §208 Librarian - §§210, 211 Memorial Tablets - §211 - Seventh Niches - §211 - Seventh Personal Property, Title to - §209 Property, Title to - §209 Reading Rooms - §211 - Fifth Real Property, Title to - §209 LIBRARY FUND 143, 148 LICENSE FEE 40 (d) M- MAYOR Age - §50 Audit - §50 Board of Water Commissioners - §160 Chief Executive Officer - §50 Chief of Police, Appoints - §182 Discharge Employees - §52 Election - §14 Executive Order, Override of - §39 Full-Time - §24 General Supervision - §50 Observe Official Conduct of Officers - §50 Park and Recreation Commissioners - §214 Preside at Council Meetings - §36 Residency - §50 Salary - §24 State of the City - §50 Supervision, General - §50 Suspend Employees - §52 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 179 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) viii Vacancy Power to Appoint - §51 Temporary Absence - §36 Veto - §120 (a) Water Commissioners, Board of, Appointment - §160 MAYOR PRO TEMPORE Absence of Mayor - §36 Preside at Council Meetings in Absence of Mayor - §36 Retains Vote - §36 MEETINGS Board of Water Commissioners - §169 Council See Council Meetings) Library Board of Trustees - §210 MILITARY LEAVE 16 MISDEMEANORS Council may define - §40 (b) Violation of ordinances - §40 (b) MOTORCYCLE OFFICERS, TRAFFIC 186 - Third (a) MUNICIPAL AFFAIRS 1, 40 (b), 40 (z), 55 (d) MUSEUMS 40 (u) N- NAME 1 NEPOTISM 243 NUISANCES Council May Define - §40 (c) O- OATH OF OFFICE 12, 161, 222 OATHS, CIVIL SERVICE BOARD 259 OFFICE HOURS 227 OFFICERS Additional Duties - §40 (x) Appointment - §40 (s) Compensation - §40 (s) Death - §15 Defamation - §50 Delivery of Property - §226 Deposit Money - §229 Duties - §40 (s) Additional - §40 (x) Not Defined - §40 (x) Elected - §13 Expenses, Reimbursement For - §234 Felony Conviction - §15 Holding Other Office - §225 Exceptions Court Commissioner - §225 National Guard - §225 Notary Public - §225 Vacation of City Office - §225 Indebtedness Against the City - §139 Insanity - §15 Malfeasance Audit - §50 Mayor to Observe Official Conduct - §50 Official Misconduct - §50 Qualifications - §40 (s) Recall - §122 Refusal to Qualify - §15 Refusal to Take Oath - §15 Residency - §15 Resignation - §15 Removal From Office - §§15, 34, 40 (s) Term of Office - §230 Vacancy - §§14-A, 15, 160, 193 Willful Neglect of Duty - §50 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 180 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) ix OFFICIAL BONDS 12, 20, 21, 23 City Officials as Surety - §21 ORDINANCES Adoption - §31 By Reference - §31 Only at Regular or Adjourned Regular Meeting - §31 Alteration - §31 City Attorney to Draft - §55 (d) City Clerk to Maintain Copies - §33 Demands Against the City - §135 Effective Date - §31 Emergency - §31 Enacting Clause - §§31-32 Enforcement of Rules and Regulations of Board of Water Commissioners - §171 Mayor, Approval of - §31 Initiative - §120 Approval of - §31 Disapproval of - §31 Pre-existing - §223 Publication - §33 Validity - §33 Reading - §31 Reconsider - §121 Referendum - §121 Exceptions - §121 Summary - §33 Taxes - §131 Collection by County - §131 Urgency - §§31, 121 No Grant of Franchise - §121 Validity - §33 Violation misdemeanor or infraction - §40 (r) OVERFLOW 40 (h) OVERTIME Fire Department - §186 P- PARAMEDICS 186 - Third (c) PARK AND RECREATION COMMISSION 213 - 219 Appeal to Council - §219 Appointment - §214 Council Members - §214 Mayor - §214 Chairman - §216 Compensation - §216 Duties - §217 Advise Mayor and Council - §217 Meetings - §216 Removal - §215 Secretary - §216 Term of Office - §213 Vacancy - §§214, 215 PARKS - §§40 (k), 40 (u) PERPETUAL SUCCESSION 1 PERSONAL PROPERTY 1, 40 (a) Library - §209 Title to - §209 PESTHOUSES 40 (l) PETITIONS Initiative - §120 Recall - §122 Referendum - §121 POLICE DEPARTMENT 40 (g) Badges - §180 Control General, Mayor - §180 Immediate Supervision, City Manager - §180 Rules and Regulations - §180 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 181 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) x Discipline - §180 Education/Longevity Pay - §186 - Third (d) Funds, Supervision by City Manager - §184 Membership - §181 Motorcycle Officers - §186 - Third (a) Positions - §§181, 186 Property and Equipment, Control by City Manager - §184 Qualifications - §180 Salaries - §§180, 186 Temporary Higher Rank - §186 - Third (b) Traffic Enforcement - §186- Third (a) Uniforms - §180 POUND See Animals, Animal Shelter) PRIMARY ELECTIONS 10 Election at - §10-A PRISON See Jail/Holding Area) PROBATION 253 Periods Fixed by Mayor and Council - §253 PROPERTY, REAL AND PERSONAL 1,40 (a) Bequests - §§1, 209 Donations - §1 Eminent Domain - §240 Library - §209 Sale of - §§1, 40 (a) Title to - §209 Within or Without City Limits - §1 PROSTITUTION 40 (I) PUBLIC LIBRARY 40 (u) See also Library, Public) PUBLIC RECORDS Board of Water Commissioners - §165 Indexed - §60 Kept by City Clerk - §60 Open to Inspection - §§50, 60 PUBLIC SCHOOLS 40 (w) PURCHASING 140 Q- QUORUM Board of Education - §194 Common Council - §30 Library Board of Trustees - §210 R- RAILROAD TRACKS, CONSTRUCTION - 40 (v) RAILWAYS, STREET Construction - §40 (v) Operation - §§40 (u), 40 (v) REAL PROPERTY 1, 40 (a) Eminent Domain - §240 Library - §209 Title to - §209 RECALL 122 Petition - §122 Only Once Every 6 Months - §122 Time of Holding Office - §122 REFERENDUM 121 Exceptions - §121 Street Improvements - §121 Urgency - §121 Grant of Franchise - §121 Petitions - §121 RESIDENCE PREFERENCE 251 RESIDENCY Council - §14-A Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 182 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) xi Employment Preference - §251 RESOLUTIONS City Attorney to Draft - §55 (d) Effective Date - §31 Mayor Approval of - §31 Disapproval of - §31 Pre-existing - §223 S- SAN BERNARDINO UNIFIED SCHOOL DISTRICT 200 See also Board of Education) SCHOOLS, PUBLIC 40 (w), 190 SEAL 1 Kept by City Clerk - §60 Board of Water Commissioners - §168 SEWAGE DISPOSAL PLANTS 163 SEWER FUND 143, 149 SEWERS 40 (p) Service charges - §134 SHIFTS Fire Department - §186 - Third (e), Sixth (a) SLAUGHTER HOUSES 40 (l) STORAGE OF COMBUSTIBLE SUBSTANCES 40 (j) STORM WATER 40 (p) STREET RAILWAYS 40 (u) STREETS 40 (q) SUE AND DEFEND, POWER TO 1 SUPERVISION, GENERAL 50 SUPPLIES 140 T- TAX COLLECTOR Chief of Police Ex-Officio - §132 TAXES 40 (e) Animal Licencing Fee - §40 (y) Assessment, Levy and Collection - §41 Collection by County - §131 Library Tax - §207 License fees - §40 (d) TELEGRAPH LINES 40 (u), 40 (v) TELEPHONE LINES 40 (u), 40 (v) TERM OF OFFICE Board of Education - §191 Board of Water Commissioners - §160 Commences - §13 General - §230 Library Board of Trustees - §205 Park and Recreation Commission - §213 Successor is elected and qualifies - §10-A TRAFFIC ENFORCEMENT MOTORCYCLE OFFICERS 186 - Third (a) TREASURER See City Treasurer) U- UNCLASSIFIED SERVICE 248 UNCOMPETITIVE CLASS 248 Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 183 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) xii V- VACANCY Appointment by Mayor - §51 Term of Appointment - §§51, 230 Council - §14-A Death - §15 Felony Conviction - §15 Insanity - §15 Mayor - §§36, 51 Refusal to Qualify - §15 Refusal to Take Oath - §15 Residency - §15 Resignation - §15 Removal From Office - §15 VETERAN PREFERENCE 249 VETO 51, 90, 120 (a) W- WARDS 3 Change of Boundaries - §3 WASTE WATER TREATMENT PLANTS 163 WATER 40 (t) Control System - §163 Pipes - §40 (v) Sale and Use of - §164 WATER COMMISSIONERS, BOARD OF - 160 - 171 Annual Report - §167 Appointed by Mayor - §160 City Clerk Ex-Officio Secretary - §168 Compensation - §170 Duties - §160 Inventory - §§162, 167 Map - §166 Mayor and Council to Pass Ordinances - §171 Meetings - §169 Oath - §161 Powers - §163 Collect Rates - §163 Collect Rentals - §163 Control Sewage Disposal Plants - §163 Control Waste Water Treatment Plants - §163 Control Water System - §163 Employ Persons - §163 Incur Indebtedness - §163 Incur Liability - §163 Rules and Regulations - §163 President - §162 Public Records - §165 Qualifications - §160 Removal - §160 Sale and Use of Water - §164 Seal - §168 Term of Office - §160 WATER FUND 143, 146, 164 Transfers to General Fund - §164 WATER SYSTEM , CONTROL 163 X- Y- YEAR, FISCAL 220 Z- Rev. October 2016] Return to Municipal Code Contents] Return to Charter Index Beginning] 7.f Packet Pg. 184 Attachment: Attachment 6 City Charter (Previous) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 Attachment 7 7.g Packet Pg. 185 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 186 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 187 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 188 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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. 7.g Packet Pg. 189 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 190 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 191 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 192 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 193 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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. 7.g Packet Pg. 194 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 195 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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. 7.g Packet Pg. 196 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 197 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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 7.g Packet Pg. 198 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (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. 7.g Packet Pg. 199 Attachment: Attachment 7 City Charter (Current) (8743 : Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Accept the 2021 Emergency Management Performance Grant (All Wards) Recommendation Adopt Resolution No. 2022-14 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Fiscal Year 2021 Emergency Management Performance Grant and increasing the Fiscal Year 2021/22 Adopted Budget grant revenue and expenditures by $31,330. Background The City of San Bernardino has participated in the Emergency Management Performance Grant (EMPG) Program for several years. The purpose of this grant program is the support of emergency management at the local, tribal, and state levels to prepare for, mitigate, respond to, and recover from emergencies or disaster incidents. The Police Department currently has the responsibility for this grant and has previously used EMPG funds to improve its response capabilities during disasters and emergency events. For the 2021 Fiscal Year, the City received $31,330 in funds from the EMPG Program. Discussion The San Bernardino Police Department receives n on-competitive formulary grant funds from the EMPG Program as a sub-recipient of the County of San Bernardino. The County charges an administrative fee of 5% and distributes the remaining grant funds among the cities and towns within the County. Each city’s portion is determined on a per capita basis. The City of San Bernardino’s portion of this award for 2021 was $31,330. The EMPG Program is designed to aid the funding of projects related to preparing for, responding to, mitigating, and recovering from emergencies or disasters, both natural and man-made. This is a reimbursement grant that is awarded each year and has a two-year performance period. For the FY 2021 EMPG funds, the performance period will last from July 1, 2021, through June 30, 2023. During that period, the Police Department will be responsible for the completion of grant projects and the compliance with grant terms. 2021-2025 Key Strategic Targets and Goals 8 Packet Pg. 200 8699 Page 2 The request to authorize the receipt and expenditure of FY 2021 EMPG funds aligns with Key Target No. 1: Financial Stability: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The fiscal impact to the city is a budget amendment of $31,330 to revenue and expenditures in the FY 2021/22 adopted budget. Grant account numbers will be established after the approval of this item. This grant does include a match requirement of $31,330 and that match will be fulfilled through in -kind salary and benefits costs of the employees assigned to manage this grant program. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-14, authorizing the acceptance of the FY 2021 Emergency Management Performance Grant and increasing the FY 2021/22 Adopted Budget grant revenue and expenditures by $31,330. Attachments Attachment 1 Resolution 2022-14 - EMPG Acceptance Resolution Attachment 2 EMPG Grant Agreement Documents Ward: All Synopsis of Previous Council Actions: July 2, 2021 Mayor and City Council adopted Resolution No. 2021-134, authorizing the receipt, obligation, and expenditure of the FY2020 EMPG grant and authorizing the Director of Finance to amend the FY2021/22 adopted budget. July 15, 2020 Mayor and City Council adopted Resolution No. 2020-168, authorizing the receipt, obligation, and expenditure of the FY2019 EMPG grant and authorizing the Director of Finance to amend the FY2020/21 adopted budget. March 6, 2019 Mayor and City Council adopted Resolution No. 2019-36, authorizing the receipt, obligation, and expenditure of the FY2018 EMPG grant and authorizing the Director of Finance to amend the FY2018/19 adopted budget. March 7, 2018 Mayor and City Council adopted Resolution No. 2018-63, authorizing the receipt, obligation, and expenditure of the FY2017 EMPG grant. January 9, 2017 Mayor and City Council adopted Resolution No. 2017-02 approving the receipt, obligation, and expenditure of the FY2016 EMPG grant of $38,549. 8 Packet Pg. 201 Resolution No. 2022-14 Resolution 2022-14 Page 1 of 3 RESOLUTION NO. 2022-14 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE FISCAL YEAR 2021 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND INCREASING THE FISCAL YEAR 2021/22 ADOPTED BUDGET GRANT REVENUE AND EXPENDITURES BY $31,330 WHEREAS, the City of San Bernardino has been awarded the 2021 Emergency Management Performance Grant in the amount of $31,330; and WHEREAS, the City will use the funding to improve its ability to prepare for, mitigate, respond to, and recover from disaster or emergency events. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to accept the 2021 Emergency Management Performance Grant (EMPG) in the amount of $31,330 for the grant period of July 1, 2021, through June 30, 2023. SECTION 3. The Director of Finance is hereby authorized to amend the FY 2021/22 Adopted Budget, appropriating $31,330 in both revenue and expenditures. 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. 8.a Packet Pg. 202 Attachment: Attachment 1 - Resolution 2022-14 - EMPG Grant Acceptance Resolution [Revision 1] (8699 : Accept the 2021 Emergency Resolution No. 2022-14 Resolution 2022-14 Page 2 of 3 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 8.a Packet Pg. 203 Attachment: Attachment 1 - Resolution 2022-14 - EMPG Grant Acceptance Resolution [Revision 1] (8699 : Accept the 2021 Emergency Resolution No. 2022-14 Resolution 2022-14 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. 2022-14, 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 8.a Packet Pg. 204 Attachment: Attachment 1 - Resolution 2022-14 - EMPG Grant Acceptance Resolution [Revision 1] (8699 : Accept the 2021 Emergency 8.b Packet Pg. 205 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 206 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 207 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 208 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 209 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 210 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 211 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 212 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 213 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 214 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 215 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 216 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 217 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 218 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 219 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 220 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 221 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 222 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 223 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 224 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 225 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 226 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 227 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 228 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 229 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 230 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All 8.b Packet Pg. 231 Attachment: Attachment 2 - EMPG Grant Agreement Documents (8699 : Accept the 2021 Emergency Management Performance Grant (All Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3) Recommendation Adopt Resolution No. 2022-01 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Alfaro Communication Construction Company, Inc., in the amount of $856,430 to provide the construction of traffic signal upgrades (Project); 2. Authorizing the appropriation of funds in the amount of $828,022.73 from Measure I Fund (Fund 129) to fund the Project; 3. Authorizing project construction, construction contingencies , and inspection costs in the total amount of $977,430 for construction of the traffic signal upgrades; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The City of San Bernardino Public Works Department is responsible for maintaining and operating over 300 traffic signals throughout the City. On an annual basis, the Operations and Maintenance division conducts traffic signal inspections on various traffic signals. After inspections, they provide recommendations to the Engineering Division on a replacement program for locations that outlived their design life and/or show signs of deterioration, which poses operational challenges to maintain. There are two traffic signal locations within the City that require upgrades to current Federal and State design guideline as follows: • Mill Street and K Street; and • Mill Street and Arrowhead Avenue. In anticipation of this work, the traffic signal upgrade project was included in the FY 2019/20 Capital Improvement Plan (CIP) adopted on June 19, 2019, by the Mayor and 9 Packet Pg. 232 8702 Page 2 City Council. Plans and specifications were prepared for the project by KOA Corporation; the design included upgrading all the traffic signal poles, ADA push buttons and ramps, and installation of countdown pedestrian head indications to meet current California Manual on Uniform Traffic Control Devices standards. Discussion The project was advertised for public bidding on November 1, 2021, and November 8, 2021, in the San Bernardino County Sun Newspaper, Construction Bid Board, ebid, Bid America Online, and on the City’s website. Sealed bids were received and opened on November 18, 2021 and are shown in t he table below: Bidder City Base Bid Alfaro Communication Construction Compton, CA $856,430.00 Belco Elecnor Group Chino, CA $876,851.00 DBX, Inc.** Temecula, CA $885,393.00 Calpromax Engineering Placentia, CA $1,019,200.00 **Contractor did not provide bid bond at bid opening, City rejected bid as non-responsive The City has reviewed the bid package and confirmed that Alfaro Communication Construction Company of Compton, California, is the lowest responsible and responsive bidder, with a total bid amount of $856,430. If awarded by the Mayor and City Council, construction is anticipated to begin in February 2022 and be completed by November 2022. 2020-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure through upgrading the existing traffic signals on various arterials within the City. Fiscal Impact There is no General Fund impact associated with this action. Project budget for the proposed work was previously established in the Local Circulation Fund 263 through the adopted FY 2019/20 Capital Improvement Plan in the following funds: Location Bid Amount Mill & K $423,360.00 Mill & Arrowhead $433,070.00 TOTAL $856,430.00 A supplemental appropriation in the amount of $828,022.73 is required from the Measure I Fund to fully fund the project below: 9 Packet Pg. 233 8702 Page 3 Mill Street & K Street signal Account No. 263-160-8715 $ 15,385.93 Additional Fund Allocation (Measure I Fund) $ 407,974.07 Mill Street & K Street Total $ 423,360.00 Mill Street & Arrowhead Ave Signal Account No. 263-160-8716 $ 13,021.34 Additional Fund allocation (Measure I Fund) $ 420,048.66 Mill Street & Arrowhead Ave Total $ 433,070.00 Total Project Funding $ 856,430.00 The overall construction costs of the project are as follows: Construction Bid Amount $ 856,430.00 Construction Contingency $ 86,000.00 Engineering and Inspections $ 35,000.00 Total Project Cost $ 977,430.00 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-01: 1. Approving the award of a construction contract with Alfaro Communication Construction Company, Inc., in the amount of $856,430 to provide construction of traffic signal upgrades (Project); 2. Authorizing the appropriation of funds in the amount of $828,022.73 from Measure I Fund (Fund 129) to fund the Project; 3. Authorizing project construction, construction contingencies, and inspections costs in the total amount of $977,430 for construction of the traffic signal upgrades; and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2022- 01; Attachment 2 Resolution No. 2022-01; Exhibit A - Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map-Mill St and K St Attachment 6 Location Map-Mill St and Arrowhead Ave Wards: 1 and 3 9 Packet Pg. 234 8702 Page 4 Synopsis of Previous Council Actions: June 19, 2019 Mayor and City Council adopted Resolution No. 2019-168 approving Capital Improvement Program FY 2019/2020 9 Packet Pg. 235 Resolution No. 2022-01 Resolution 2022-01 January 19, 2022 Page 1 of 4 RESOLUTION NO. 2022-01 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH ALFARO COMMUNICATION CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $856,430 FOR THE CONSTRUCTION OF TRAFFIC SIGNAL UPGRADES; AUTHORIZING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $828,022.73 FROM MEASURE I FUND (FUND 129) TO FUND THE PROJECT; AUTHORIZING CONSTRUCTION CONTINGENCIES AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $977,430 FOR THE CONSTRUCTION OF TRAFFIC SIGNAL UPGRADES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, The City of San Bernardino is responsible for maintaining and operating over 300 traffic signals throughout the City; there are three traffic signalized intersections locations within the City that require major upgrade to be in compliance with Federal and State standards; and WHEREAS, on June 19, 2019, the Mayor and City Council adopted the FY 2019/20 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the traffic signal upgrades project; and WHEREAS, in October 2021 staff administered a competitive bid process for Construction of Traffic Signal Upgrades Project 13470 (TC20-001, TC20-002) (“Project”) resulting in four construction cost submittals; and WHEREAS, Alfaro Communication Construction Company, Inc., of Compton, California, has been determined to be the lowest responsive and responsible bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Alfaro Communication Construction Company, Inc., of Compton, California in the amount of $856,430 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. 9.a Packet Pg. 236 Attachment: Attachment 1 - Resolution No. 2022-01 Construction Contract Award for Traffic Signal Upgrades [Revision 1] (8702 : Construction Resolution No. 2022-01 Resolution 2022-01 January 19, 2022 Page 2 of 4 SECTION 2. Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of traffic signal upgrades project with Alfaro Communication Construction Company, Inc., of Compton, California Project No 13470 (TC20- 001, TC20-002) on behalf of the City and to expend contingency funds, if necessary, to complete the project SECTION 3. Mayor and City Council hereby authorize the Director of Finance to appropriate funds in the amount of $828,022.73 from Measure I Fund ($407,974.07 to account No. 263-160-8715 and $420,048.66 to account No. 263-160-8716) to fund the project. SECTION 4. Mayor and City Council hereby authorize the Director of Finance to issue a purchase order in the amount of $856,430 to Alfaro Communication Construction Company, Inc., of Compton, California in support of the Construction Agreement. SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the removal and replacement of Traffic Signal poles and signal light upgrade. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies o nly to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because removal and replacement of Traffic Signal poles and signal light upgrade does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 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. 9.a Packet Pg. 237 Attachment: Attachment 1 - Resolution No. 2022-01 Construction Contract Award for Traffic Signal Upgrades [Revision 1] (8702 : Construction Resolution No. 2022-01 Resolution 2022-01 January 19, 2022 Page 3 of 4 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 9.a Packet Pg. 238 Attachment: Attachment 1 - Resolution No. 2022-01 Construction Contract Award for Traffic Signal Upgrades [Revision 1] (8702 : Construction Resolution No. 2022-01 Resolution 2022-01 January 19, 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. 2022-01, 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 9.a Packet Pg. 239 Attachment: Attachment 1 - Resolution No. 2022-01 Construction Contract Award for Traffic Signal Upgrades [Revision 1] (8702 : Construction 9.b Packet Pg. 240 Attachment: Attachment 2 - Resolution No. 2022-01; Exhibit A- Contract Agreement (8702 : Construction Contract Award for Traffic Signal 9.b Packet Pg. 241 Attachment: Attachment 2 - Resolution No. 2022-01; Exhibit A- Contract Agreement (8702 : Construction Contract Award for Traffic Signal BID TABULATION FOR CONSTRUCTION OF TRAFFIC SIGNAL AT MILL STREET AND K STREET AT MILL ST AND ARROWHEAD AVE BID OPENING: November 18, 2021 2:00PM FILE: PROJECT NO. TC20-001 & TC20-002 Item No. BID ITEM DESCRIPTION Estimated Quantity Unit TC20-001 BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION 1 LS 3,000.00 3,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 2 CLEARING, GRUBBING, MISCELLANEOUS REMOVALS, AND LANDSCAPE RESTORATION 1 LS 5,500.00 5,500.00 3,000.00 3,000.00 6,000.00 6,000.00 19,000.00 19,000.00 3 WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES 1 LS 1,600.00 1,600.00 2,000.00 2,000.00 1,500.00 1,500.00 1,800.00 1,800.00 4 TEMPORARY TRAFFIC CONTROL 1 LS 3,200.00 3,200.00 4,500.00 4,500.00 6,000.00 6,000.00 7,000.00 7,000.00 5 ADJUST UTILITY TO GRADE 2 EA 500.00 1,000.00 910.00 1,820.00 500.00 1,000.00 900.00 1,800.00 6 CONSTRUCT PCC CURB RAMP OVER COMPACTED SUBGRADE PER SPPWC 111-5. CASE A, TYPE 1. INCLUDE DETECTABLE WARNING SURFACE 2 EA 5,700.00 11,400.00 9,000.00 18,000.00 6,200.00 12,400.00 9,200.00 18,400.00 7 CONSTRUCT PCC CURB RAMP OVER COMPACTED SUBGRADE PER SPPWC 111-5. CASE A, TYPE 6. INCLUDE DETECTABLE WARNING SURFACE 2 EA 5,700.00 11,400.00 9,000.00 18,000.00 6,200.00 12,400.00 9,200.00 18,400.00 8 CONSTRUCT 8” TYPE A CURB PER CITY OF SAN BERNARDINO PLAN 200 100 LF 70.00 7,000.00 52.00 5,200.00 65.00 6,500.00 60.00 6,000.00 9 CONSTRUCT 8” TYPE B CURB AND GUTTER PER CITY OF SAN BERNARDINO PLAN 200 100 LF 70.00 7,000.00 91.10 9,110.00 68.00 6,800.00 60.00 6,000.00 10 CONSTRUCT 4” PCC SIDEWALK PER CITY OF SAN BERNARDINO PLAN 202, CASE B. 300 SF 8.50 2,550.00 17.10 5,130.00 8.50 2,550.00 12.00 3,600.00 11 CONSTRUCT 8" PCC SPANDREL PER CITY OF SAN BERNARDINO STANDARD PLAN 201, OVER 95% COMPACTED NATIVE 560 SF 20.00 11,200.00 29.60 16,576.00 12.50 7,000.00 21.00 11,760.00 12 CONSTRUCT RETAINING CURB 30 LF 37.00 1,110.00 28.50 855.00 30.00 900.00 36.00 1,080.00 13 CONSTRUCT 1’ FULL DEPTH AC SLOT PATCH 40 TON 290.00 11,600.00 456.00 18,240.00 255.00 10,200.00 480.00 19,200.00 14 SIGNING AND STRIPING 1 LS 13,800.00 13,800.00 12,865.00 12,865.00 11,500.00 11,500.00 14,000.00 14,000.00 15 TRAFFIC SIGNAL 1 LS 332,000.00 332,000.00 308,000.00 308,000.00 344,949.00 344,949.00 364,000.00 364,000.00 TC20-002 BID SCHEDULE 1 MOBILIZATION 1 LS 3,000.00 3,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 2 CLEARING, GRUBBING, MISCELLANEOUS REMOVALS, AND LANDSCAPE RESTORATION 1 LS 5,500.00 5,500.00 3,000.00 3,000.00 6,000.00 6,000.00 16,800.00 16,800.00 3 WATER POLLUTION CONTROL BEST MANAGEMENT PRACTICES 1 LS 1,300.00 1,300.00 2,000.00 2,000.00 1,500.00 1,500.00 1,800.00 1,800.00 4 TEMPORARY TRAFFIC CONTROL 1 LS 3,200.00 3,200.00 4,500.00 4,500.00 6,000.00 6,000.00 7,000.00 7,000.00 5 CONSTRUCT PCC CURB RAMP OVER COMPACTED SUBGRADE PER SPPWC 111-5 CASE A, TYPE 6. INLCUDE DETECTABLE WARNING SURFACE 4 EA 5,700.00 22,800.00 9,000.00 36,000.00 6,200.00 24,800.00 9,200.00 36,800.00 6 CONSTRUCT 8” TYPE B CURB AND GUTTER PER SAN BERNARDINO PLAN 200. 150 LF 97.00 14,550.00 91.10 13,665.00 68.00 10,200.00 60.00 9,000.00 7 CONSTRUCT 4” PCC SIDEWALK PER BITY OF SAN BERNARDINO PLAN 202, CASE B 1,000 SF 10.00 10,000.00 17.10 17,100.00 8.50 8,500.00 12.00 12,000.00 8 CONSTRUCT RETAINING CURB 300 LF 20.00 6,000.00 28.50 8,550.00 32.00 9,600.00 36.00 10,800.00 9 RECONSTRUCT 6” DRIVEWAY WING PER CITY OF SAN BERNADINO STANDARD PLAN 204 40 SF 18.00 720.00 29.60 1,184.00 13.00 520.00 24.00 960.00 10 CONSTRUCT 1’ FULL DEPTH AC SLOT PATCH 50 TON 250.00 12,500.00 456.00 22,800.00 255.00 12,750.00 480.00 24,000.00 11 SIGNING AND STRIPING 1 LS 16,500.00 16,500.00 14,756.00 14,756.00 13,000.00 13,000.00 15,000.00 15,000.00 2,450.00 2,450.00 12 TRAFFIC SIGNAL 1 LS 337,000.00 337,000.00 320,000.00 320,000.00 352,824.00 352,824.00 383,000.00 383,000.00 TOTAL BID SCHEDULE $856,430.00 LOW BIDDER ACCI $2,450.00 3RD LOW DBX (NON RESPONSIVE BID BOND WAS NOT ATTACHED) 2ND LOW BELCO $876,851.00 4TH LOW CALPROMAX $885,393.00 $1,019,200.00 9.c Packet Pg. 242 Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) BID TABULATION FOR CONSTRUCTION OF TRAFFIC SIGNAL AT MILL STREET AND K STREET AT MILL ST AND ARROWHEAD AVE 9.c Packet Pg. 243 Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 244 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 245 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 246 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 247 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 248 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 249 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 250 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 251 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 252 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 253 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 254 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 255 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 256 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 257 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 258 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 259 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 260 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 261 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 262 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.d Packet Pg. 263 Attachment: Attachment 4 - Bid Proposal (8702 : Construction Contract Award for Traffic Signal Upgrades (Wards 1 and 3)) 9.e Packet Pg. 264 Attachment: Attachment 5 - 9.f Packet Pg. 265 Attachment: Attachment Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Notice and Call of the Primary Municipal Election (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on June 7, 2022: 1. Adopt Resolution No. 2022-02 calling for the holding of a Primary Municipal Election to be held on Tuesday June 7, 2022 , for the election of certain officers as required by the provisions of the San Bernardino City Charter; 2. Adopt Resolution No. 2022-03 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on June 7, 2022, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code; 3. Adopt 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. Background Pursuant to Article 8, Section 800, of the City Charter, the 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. In accordance with the City Charter, the City will participate in the statewide Primary Election on June 7, 2022, and the statewide General Election on November 8, 2022, if a run-off election is necessary. The following offices are subject to election in 2022: • Office of the Mayor of the City of San Bernardino • Member of the City Council from the First Ward • Member of the City Council from the Second Ward 10 Packet Pg. 266 8705 Page 2 • Member of the City Council from the Fourth Ward Discussion Pursuant to Section 10400 of the Elections Code, the Mayor and City Council of the City of San Bernardino must request that the Board of Supervisors of the County of San Bernardino consolidate the City’s primary election with the consolidated election to be held on Tuesday, June 7, 2022. Further, th e County requires a resolution from the City of San Bernardino authorizing the San Bernardino County Registrar of Voters to conduct the election and canvass the returns. The County will provide most of the election services. The City Clerk will be responsible for providing and transmitting the necessary documents to the County to hold the election and provide for receipt of all candidates' statements and related documents, including dissemination of information to prospective candidates. 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. Pursuant to section 103307 of the California Elections Code each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidate’s statement on an appropriate form provided by the election’s official. The statement may inc lude the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate’s education and qualifications expressed by the candidate himself or herself. However, the governing body of the local agency may autho rize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations. The Mayor and City Council can direct staff to increase the numbers of words in the statement from 200 to 400 words. Approval from the Mayor and City Council will result in the scheduling of the Primary Municipal Election on Tuesday, June 7, 2022, for four (4) Members of the City Council for Wards 1, 2, and 4 and the Mayoral seat, to the voters of the City. As the City’s Election Officer, the City Clerk is to be directed to publish a notice of the primary election which shall contain the following: A. The time of the election. B. The offices to be filled, specifying full or short term. C. The hours the polls will be open. 2021-2025 Key Strategic Targets and Goals Noticing and Calling the Election aligns with Key Target No. 2 : Focused, Aligned Leadership and Unified Community. Fiscal Impact The San Bernardino County Registrar of Voters provided a cost estimate for four (4) contests for the Primary Municipal Election. The cost estimate is $53,000; however, they have also stated that the amount provided above is an estimate of election cos ts 10 Packet Pg. 267 8705 Page 3 based on historical costs for comparable elections. The actual cost may be higher or lower than the estimate provided. No two elections are the same in part because statutory requirements are ever-evolving. The final invoice with actual costs will be provided by the Registrar of Voters approximately one-hundred-twenty days (120) after the election is certified. The Mayor and City Council allocated funds for the Primary Election when they approved the 2021/22 Fiscal Year Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, take the following actions to conduct the Primary Municipal Election on June 7, 2022: 1. Adopt Resolution No. 2022-02 calling for the holding of a Primary Municipal Election to be held on Tuesday June 7, 2022, for the election of certain officers as required by the provisions of the San Bernardino City Charter; 2. Adopt Resolution No. 2022-03 Requesting the Board of Supervisors of the County of San Bernardino consolidate a Primary Municipal Election to be held on June 7, 2022, with the Statewide Primary Election to be held on the date pursuant to 10403 of the Elections Code; 3. Adopt 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. Attachments Attachment 1 Resolution No. 2022-02 - Noticing and Calling the Primary Municipal Election Attachment 2 Resolution No. 2022-03 - Requesting to Consolidate the Primary Election with the County Board of Supervisors Statewide Election Attachment 3 Resolution No. 2022-04 - Establishing a Candidate Statement Policy Ward: All Synopsis of Previous Council Action: None 10 Packet Pg. 268 Resolution No. 2022-02 Resolution 2022-02 January 19, 2022 Page 1 of 3 RESOLUTION NO. 2022-02 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING FOR THE HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE SAN BERNARDINO CITY CHARTER WHEREAS, under the provisions of the San Bernardino City Charter, a Primary Municipal Election shall be held on June 7, 2022, for the election of Municipal Officers for the purpose of electing a Mayor for the full term of four years; Members of the City Council from Wards 1, 2, and 4 for the full term of four years. 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 herei n by this reference. SECTION 2. That pursuant to the requirements of the San Bernardino City Charter, there is called and ordered to be held in the City of San Bernardino, California, on Tuesday, June 7, 2022, a Primary Municipal Election for the purpose of electing a Mayor for the full term of four years; Members of the City Council from Wards 1, 2, and 4 for the full term of four years. SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of San Bernardino 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. 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. 10.a Packet Pg. 269 Attachment: Attachment 1 Resolution No. 2022-02 Calling a Primary Election [Revision 1] (8705 : Notice and Call of the Primary Municipal Resolution No. 2022-02 Resolution 2022-02 January 19, 2022 Page 2 of 3 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 10.a Packet Pg. 270 Attachment: Attachment 1 Resolution No. 2022-02 Calling a Primary Election [Revision 1] (8705 : Notice and Call of the Primary Municipal Resolution No. 2022-02 Resolution 2022-02 January 19, 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. 2022-02, 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 10.a Packet Pg. 271 Attachment: Attachment 1 Resolution No. 2022-02 Calling a Primary Election [Revision 1] (8705 : Notice and Call of the Primary Municipal Resolution No. 2022-03 Resolution 2022-03 January 19, 2022 Page 1 of 4 RESOLUTION NO. 2022-03 RESOLUTION 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 PRIMARY MUNICIPAL ELECTION TO BE HELD ON JUNE 7, 2022, WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of San Bernardino called a Primary Municipal Election to be held on June 7, 2022, for the purpose of the election of a Mayor, and three (3) Members of the City Council, for the full term of four (4) years; and; WHEREAS, it is desirable that the Primary municipal election be consolidated with the Statewide Primary election to be held on the same date and that within the city the precincts, polling places (vote centers) and election officers of the two elections be the same, and that the county election department of the County of San Bernadino canvass the returns of the Primary Municipal Election and that the election be held in all respects as if there were only one election; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That 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 the election of a Mayor, and three (3) Members of the City Council, for the full term of four (4) years. SECTION 3. That the county election department is authorized to canvass the returns of the Primary Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the statewide or special election. 10.b Packet Pg. 272 Attachment: Attachment 2 Resolution No. 2022-03 Consolidate the Primary Election with the County (8705 : Notice and Call of the Primary Resolution No. 2022-03 Resolution 2022-03 January 19, 2022 Page 2 of 4 SECTION 4. That the Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of San Bernardino recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of San Bernardino. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 8. 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 9. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 10. Effective Date. This Resolution shall become effective immediately. 10.b Packet Pg. 273 Attachment: Attachment 2 Resolution No. 2022-03 Consolidate the Primary Election with the County (8705 : Notice and Call of the Primary Resolution No. 2022-03 Resolution 2022-03 January 19, 2022 Page 3 of 4 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 10.b Packet Pg. 274 Attachment: Attachment 2 Resolution No. 2022-03 Consolidate the Primary Election with the County (8705 : Notice and Call of the Primary Resolution No. 2022-03 Resolution 2022-03 January 19, 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. 2022-03, 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 10.b Packet Pg. 275 Attachment: Attachment 2 Resolution No. 2022-03 Consolidate the Primary Election with the County (8705 : Notice and Call of the Primary Resolution No. 2022-04 Resolution 2022-04 January 19, 2022 Page 1 of 5 RESOLUTION NO. 2022-04 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, 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 WHEREAS, §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, including costs of the optional candidate statement; and WHEREAS, Section 13307(b) of the California Elections Code states that the Statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing; and WHEREAS, the City Clerk is responsible for enforcing formatting requirements that exceed those acceptable by the County and wishes to streamline the review process by imposing limits relating to the format of candidate statements to block format, and prohibit Bolding, Capitalized Words, Italics, and Underlining. The City Clerk has final sign-off and approval of all candidate statements for elected city offices in accordance with state and local law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. General Provisions. That pursuant to §13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an Election to be held in the City of San Bernardino on Tuesday, June 7, 2022, may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. The City Clerk shall require each candidate filing a statement to pay a deposit in advance, as a condition of having his or her statement included in the voters' pamphlet. SECTION 2. Foreign Language Policy. A. Pursuant to the Federal Voting Rights Act, candidate statements will be translated into all languages required by the County of San Bernardino. The County is required to translate candidate’s statements into the following languages: Spanish. B. The County will print and mail sample ballots and candidate statements to all voters in English and Spanish. The County will make the sample ballots and candidates 10.c Packet Pg. 276 Attachment: Attachment 3 Resolution No. 2022-04 - Establishing A Candidate Statement Policy [Revision 2] (8705 : Notice and Call of the Resolution No. 2022-04 Resolution 2022-04 January 19, 2022 Page 2 of 5 statements in the required languages available at all polling places, on the County’s website, and in the City Clerk’s Department for the City of San Bernardino. 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. SECTION 4. Payment. A. Translations: 1. The candidate shall be required to pay for the cost of translating the candidate’s statement into any required foreign language as specified in (A) and/or (B) of Section 2 above pursuant to Federal and\or State law. 2. The candidate shall be required to pay for the cost of translating the candidate’s statement into any foreign language that is not required as specified in (A) and/or (B) of Section 2 above, pursuant to Federal and\or State law, but is requested as an option by the candidate. B. Printing: 1. The candidate shall be required to pay for the cost of printing the candidate’s statement in English in the main voter pamphlet. 2. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required in (A) of Section 2 above, in the main voter pamphlet. 3. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language requested by the candidate per (B) of Section 2 above, in the main voter pamphlet. 4. The candidate shall be required to pay for the cost of printing the candidate’s statement in a foreign language required by (A) of Section 2 above, in the facsimile voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate’s statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share 10.c Packet Pg. 277 Attachment: Attachment 3 Resolution No. 2022-04 - Establishing A Candidate Statement Policy [Revision 2] (8705 : Notice and Call of the Resolution No. 2022-04 Resolution 2022-04 January 19, 2022 Page 3 of 5 as a condition of having his or her statement included in the voter’s pamphlet. An estimated payment is required, and the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. SECTION 5. Miscellaneous. A) All translations shall be provided by professionally certified translators. B) The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections. SECTION 6 . Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. SECTION 7. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this Resolution at the time nominating petitions are issued. SECTION 8. That all previous resolutions establishing council policy on payment for candidate statements are repealed. SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 11. 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 12. 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 13. Effective Date. This Resolution shall become effective immediately. 10.c Packet Pg. 278 Attachment: Attachment 3 Resolution No. 2022-04 - Establishing A Candidate Statement Policy [Revision 2] (8705 : Notice and Call of the Resolution No. 2022-04 Resolution 2022-04 January 19, 2022 Page 4 of 5 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 10.c Packet Pg. 279 Attachment: Attachment 3 Resolution No. 2022-04 - Establishing A Candidate Statement Policy [Revision 2] (8705 : Notice and Call of the Resolution No. 2022-04 Resolution 2022-04 January 19, 2022 Page 5 of 5 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. 2022-04, 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 10.c Packet Pg. 280 Attachment: Attachment 3 Resolution No. 2022-04 - Establishing A Candidate Statement Policy [Revision 2] (8705 : Notice and Call of the Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards) Recommendation Adopt Resolution No. 2022-05 of the Mayor and City Council of the City of San Bernardino, California, to authorize the Director of Finance to issue a purchase order to Penske Chevrolet Sales in an amount not to exceed $450,000 to purchase four 2023 Chevy Silverado 2500HD Trucks with Animal Control Bodies; and to a uthorize the Director of Finance to appropriate $215,000 from the General Fund to the Animal Services Motor Vehicle Expense Account to cover the additional cost of vehicle replacement. Background In Fiscal Year 2019/20, the Department purchased two animal control vehicles. The remainder of vehicles in the Department’s fleet have been in use for 19 years and , despite regular service and repair by the City, are now in dire need of replacement. Discussion Reliable equipment, vehicles, and technology are critical for the Department to respond to public requests for service and assistance with stray and injured a nimals. New equipment will ensure that staff are able to perform safely and efficiently. Fleet Services worked with the Finance Department during the procurement process for the requested equipment. Penske Chevrolet was selected as the lowest bidder throu gh bid RFQ F-22-17. The Mayor and City Council previously approved the purchase of two animal control vehicles in the FY 2020/21 midyear budget update on March 3, 2021, in the amount of $160,000. Additionally, $225,000 from the $1.5 million in grant funding received from the San Manuel Band of Mission Indians and approved by the Mayor and City Council on April 7, 2021, is designated for vehicle purchases, allowing the department to purchase a total of four trucks. 11 Packet Pg. 281 8707 Page 2 Because the grant funds are being distributed over three years, only $75,000 of the total was included in the initial distribution in May 2021. This provides a total of $235,000 . The department expects the second $500,000 distribution check from the grant to be deposited in April or May of 2022, at which time, $160,000 can be transferred back to the general fund to cover the increased cost of the vehicle purchase. 2021-2025 Key Strategic Targets and Goals The purchase of the four vehicles aligns with Key Target No. 1: Financial Stability. The purchase of these vehicles will provide the Animal Services Department with reliable equipment that will allow them to respond to public requests for service and assistance with stray and injured animals. Fiscal Impact The General Fund impact associated with this action is $215,000. The cost of vehicles has increased significantly due to supply chain shortages; therefore, an additional $215,000 from the General Fund is required to fulfill this purchase at this time. However, when the department receives the second distribution of grant funding, $160,000 originally allocated for vehicles, can be transferred to the general fund to cover the cost of this purchase. FINANCIAL DATA Budgeted Amount Fund Balance Request Total Cost: COST $ 235,000 $ 215,000 $ 450,000 GENERAL FUND SHARE $ 0 $ 0 $ 0 Budget Adjustment: Yes For Fiscal Year: 21/22 Staff is requesting $215,000 to be appropriated from the General Fund to the Animal Services Motor Vehicle expense account. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-05 authorizing the Director of Finance to issue a purchase order to Penske Chevrolet Sales in an amount not to exceed $450,000 to purchase four 2023 Chevy Silverado 2500HD Trucks with Animal Control Bodies; and authorizing the Director of Finance to appropriate $215,000 from the General Fund to the Animal Services Motor Vehicle Expense Account to cover the additional cost of vehicle replacement. Attachments Attachment 1 Resolution No. 2022-05 Attachment 2 RFQ F-22-19 Ward: All Synopsis of Previous Council Actions: 11 Packet Pg. 282 8707 Page 3 March 3, 2021 The Mayor and City Council approved the Mid -Year budget adjustments, including $160,000 for the purchase of two Animal Control vehicles. 11 Packet Pg. 283 Resolution No. 2022-05 Resolution 2022-05 January 19, 2022 Page 1 of 3 RESOLUTION NO. 2022-05 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE DIRECTOR OF FINANCE TO ISSUE A PURCHASE ORDER TO PENSKE CHEVROLET SALES IN AN AMOUNT NOT TO EXCEED $450,000 TO PURCHASE FOUR 2023 CHEVY SILVERADO 2500HD TRUCKS WITH ANIMAL CONTROL BODIES; AND AUTHORIZING THE DIRECTOR OF FINANCE TO APPROPRIATE $215,000 FROM THE GENERAL FUND TO THE ANIMAL SERVICES MOTOR VEHICLE EXPENSE ACCOUNT TO COVER THE ADDITIONAL COST OF VEHICLE REPLACEMENT WHEREAS, the Animal Control Department is responsible for responding to numerous animal control calls and complaints; and WHEREAS, the availability of reliable equipment and new technology are critical for the Department to respond to public requests for service and assistance with stray and injured animals; and WHEREAS, Penske Chevrolet Sales was selected as the lowest bidder for four 2023 Chevy Silverado 2500HD trucks with animal control bodies through formal bid RFQ F 22-19. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council authorize the Director of Finance to issue a purchase order to Penske Chevrolet Sales in the amount not to exceed $450,000 for four 2023 Chevy Silverado 2500HD trucks with Animal Control Bodies. SECTION 3. Mayor and City Council hereby authorize the Director of Finance to appropriate funds in the amount of $215,000 from General Fund Balance to the Animal Services Motor Vehicle account. 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. 11.a Packet Pg. 284 Attachment: Attachment 1 - Resolution No. 2022-05 [Revision 5] (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Resolution No. 2022-05 Resolution 2022-05 January 19, 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 19th day of January, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 11.a Packet Pg. 285 Attachment: Attachment 1 - Resolution No. 2022-05 [Revision 5] (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Resolution No. 2022-05 Resolution 2022-05 January 19, 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. 2022-05, adopted at a regular meeting held on the 5th day of January 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 11.a Packet Pg. 286 Attachment: Attachment 1 - Resolution No. 2022-05 [Revision 5] (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All 11.b Packet Pg. 287 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 288 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 289 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 290 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 291 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 292 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 293 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 294 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 295 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 296 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 297 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 298 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 299 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 300 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 301 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 302 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 303 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 304 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 305 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) 11.b Packet Pg. 306 Attachment: Attachment 2 - RFQ F-22-19 (8707 : Issuance of a PO to Penske Chevrolet for Animal Service Vehicles (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Oliver Mujica, Planning Division Manager Subject: Imposing Liens to Recover Costs for Code Enforcement (All Wards) Recommendation Adopt Resolution No. 2022-06 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain real property located within the City of San Bernardino of the costs of public nuisance abatements. Background On October 5, 2015, the Mayor and City Council adopted Ordinance MC -1418, thereby repealing San Bernardino Municipal Code Chapters 3.68 and 8.27 and amending Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, revising Chapter 8.30. These changes streamline the process of abating public nuisances on properties and imposing liens to enable the City to recover costs for abating nuisances. Discussion San Bernardino Municipal Code Section 8.30.050 requires a Resolution be adopted to assess unpaid costs of abatements as liens on the respective property tax bill. The Abatement Assessments List is attached hereto as Exhibit A. The first section consists of properties with Administrative Hearing Orders. All property owners listed on the ‘Abatement Assessments’ List have been notified of the abatement costs by way of written notice of an Administrative Hearing. Administrative Hearings were held and resulted in Hearing Orders. The second section ‘Other Abatement Assessments’ are for public nuisance abatements performed by the Code Division which includes properties that were either secured and/or cleaned via administrative inspection warrants. Also, included in this section are emergency board-ups requested by the Police and Fire Departments. Emergency board-ups were requested after a break-in has occurred or after fire suppression activities when no responsible parties could be reached. All property owners listed on the ‘Other Abatement Assessments’ list have been notified of the abatement costs. These property owners were issued a Notice of Summary 12 Packet Pg. 307 8721 Page 2 Abatement with the option to schedule a hearing per SBMC 8.30.045. Property owners were advised of their right to appeal said costs within ten days, or to pay the costs within 45 days of notice per San Bernardino Municipal Code Section 8.30.030 and 8.30.040. Hearings were not requested, and the costs are currently outstanding. To date, no responses have been received. Therefore, staff recommends adopting the Resolution to assess such unpaid costs of abatement. The total of outstanding fees for ‘Abatement Assessments’ resulting from Administrative Hearing Officer Orders is $2,500. The total for ‘Other Abatement Assessments’, including emergency abatements is $15,021.73 The grand total of all abatements is $17,521.73. If property owners come forward to pay their costs prior to the Mayor and City Council meeting, their properties will be removed from Exhibit A. 2021-2025 Key Strategic Targets and Goals The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Financial Stability and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure revenue back into the Department and that the City is clean and attractive. Fiscal Impact The anticipated amount to be collected is $17,521.73. The amount will be collected incrementally as individual properties are sold and/or liens are paid thr ough the escrow process. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-06 imposing liens on certain real property located within the City of San Bernardino of the costs of public nuisance abatements. Attachments Attachment 1 Resolution 2022-06 Attachment 2 Resolution 2022-06; Exhibit A- Abatement Assessments Ward: All Synopsis of Previous Council Actions: August 1, 2018 Mayor and City Council adopted Resolution No. 2 018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance abatements. April 18, 2018 Mayor and City Council adopted Resolution 2018 -106, imposing liens on certain real property located with in the City of San Bernardino for the costs of public nuisance. abatements. 12 Packet Pg. 308 Resolution No. 2022-06 Resolution No. 2022-06 RESOLUTION NO. 2022-06 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, IMPOSING LIENS ON CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SAN BERNARDINO OF THE COSTS OF PUBLIC NUISANCE ABATEMENTS WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Office, who determined the owner of record is responsible for the costs. 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. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A. SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment. SECTION 4. The City Clerk is hereby directed to file a certified copy of this Resolutio n, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected. SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. 12.a Packet Pg. 309 Attachment: Attachment 1 Resolution 2022-06 - Imposing Liens to Recover Costs for Code Enforcement (8721 : Imposing Liens to Recover Resolution No. 2022-06 Resolution No. 2022-06 SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________, 2022. John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 12.a Packet Pg. 310 Attachment: Attachment 1 Resolution 2022-06 - Imposing Liens to Recover Costs for Code Enforcement (8721 : Imposing Liens to Recover Resolution No. 2022-06 Resolution No. 2022-06 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. 2022-06, adopted 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 12.a Packet Pg. 311 Attachment: Attachment 1 Resolution 2022-06 - Imposing Liens to Recover Costs for Code Enforcement (8721 : Imposing Liens to Recover EXHIBIT "A" ABATEMENT ASSESSMENTS ADDRESS OWNER Hearing Order WARD COST 479 W . Magnolia Ave.JINDAL, NIKHIL 21-000065 Appeal Upheld 2 $400.00 1401 N. E St.JINDAL, NIKHIL 21-000063 Appeal Upheld 2 $400.00 1443 N. E St.JINDAL, NIKHIL 20-000064 Appeal Upheld 2 $400.00 3104 N. F St. WARF, JOE 21-000118 Appeal Upheld 5 $600.00 164 E. 11th St. SCHMITT, MATHIEU 21-000086 Appeal Upheld 2 $700.00 Total:$2,500.00 OTHER ABATEMENT ASSESSMENTS ADDRESS OWNER DATE ABATED WARD COST 1135 E. Devonshire Rd.HANSON, PHILLIP L 03/16/21 4 $519.10 1225 E. Lynwood Dr.E & I LYNGOLD CENTER LLC 05/06/21 7 $1,905.42 1595 N. D St. DPND PROPERTY INVESTMENTS LLC 05/12/21 & 05/20/21 2 $1,820.09 824 Campus Way ORTIZ, DARLENE 06/02/21 2 $1,402.28 2210 E. Highland Ave. NOVALK LLC, A CALIF LIMITED LIABILITY CO.08/09/21 7 $2,398.74 480 Court St.CHASE FINANCIAL SERVICE LLC 07/16/21 1 $1,501.10 571 W . Highland Ave. #567 MANSURI, IMTIAZ 08/05/21 2 $687.00 466 W . 5th St. JADI COMMUNITY RESOURCE DEVELOPMENT 08/23/21 1 $402.45 1385 Orchid Dr. SWH 2017-1 BORROWER LP 07/13/21 & 07/28/21 7 $4,385.55 Total:$15,021.73 Grand Total: $17,521.73 12.b Packet Pg. 312 Attachment: Attachment 2 Resolution 2022-06; Exhibit A- Abatement Assessments (8721 : Imposing Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Miguel Guerrero, P.E., General Manager Subject: Receive and File the SBMWD Audited Annual Comprehensive Financial Report Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water, sewer treatment, and sewer collection utilities for Fiscal Year ended June 30, 2021. Background Section 603(e) of the City of San Bernardino Charter requires that the Water Board provide for an “annual, independent audit of all water and wastewater ac counts" and that “copies of all auditors’ reports shall be filed with the City Clerk and Council.” The audit firm of Lance, Soll & Lunghard, LLP completed the Water Department’s annual audit and produced the attached Annual Comprehensive Financial Report (ACFR) for Fiscal Year ending June 30, 2021. This report includes the financial statements, the Independent Auditor’s Report, Management’s Discussion and Analysis, as well as a statistical section containing historical information and data. The ACFR was presented to the City Water Board at its December 14, 2021, regular meeting, and it was approved unanimously. For the fifth straight year, the Water Department received the Government Finance Officers Association Certificate of Achievement for Excellenc e in Financial Report for its Fiscal Year 2019/2020 ACFR. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment for the Water Department. Discussion N/A 2021-2025 Key Strategic Targets and Goals This action aligns with the Key Target No. 1: Financial Stability. The information in these reports is useful to the Water Board in making operational and financial decisions to meet the Water Department’s goals and objectives. 13 Packet Pg. 313 8723 Page 2 Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the San Bernardino Municipal Water Department’s audited Annual Comprehensive Financial Report for water, sewer treatment, and sewer collection utilities for Fiscal Year ended June 30, 2021. Attachments Attachment 1 Water Board Staff Report including Annual Comprehensive Financial Report of the City of San Bernardino Municipal Water Department, Fiscal Year Ended June 30, 2021. Wards: N/A Synopsis of Previous Council Actions: Similar action taken each year following completion of the annual audit. 13 Packet Pg. 314 CITY OF SAN BE RNA RDINO MUNICIPAL WATER DEPARTMENT WATER BOARD STAFF REPORT TO: FROM: SUBJECT: DATE: Miguel]. Guerrero, P.E., General Manager Cynthia Mouser, Director of Finance PRESENTATION OF THE RESULTS OF THE FISCAL YEAR 2020-21 AUDIT, ANNUAL COMPREHENSIVE FINANCIAL REPORT, SINGLE AUDIT REPORT ON FEDERAL AWARDS December 7, 2021 BACKGROUND: On December 14, 2021, B ryan Gruber, Partner in the firm of Lance Soll & Lunghard LLP (LSL), will present and distribute to the Water Board the Annual Comprehensive Financial Report (ACFR) for the City of San Bernardino Municipal Water Department (the Department) for the fiscal year ended June 30, 2021. The Department entered a three-year contract with LSL in May of 2019 to perform the \Vater Department's annual financial audit of the Department's three enterprise funds, RIX, and the Department's Federal programs (Single Audit). The ACFR reflects the Department's results of financial operations as of June 30, 2021. An unqualified opinion has been issued from LSL. All three enterprise funds, Water, Sewer and Sewer Collection, reported a positive net income after capital contributions. A summary of the department's finances can be found in the Management's Discussion and Analysis section of the Annual Comprehensive Financial Report, with additional details throughout the report. GOALS AND OBTECTIVES - This proposed June 30, 2021 ACFR aligns with the Department's Strategic Plan under Target# 5: Fiscal Responsibility. This supports key values that exercise responsible financial management, provide responsible stewardship of public funds, and ensure transparency. FISCAL IMP ACT: There is no fiscal impact associated with this item. Agenda Item __ _ Received 12-07-21SBMWDGeneral Manager 13.a Packet Pg. 315 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 13.a Packet Pg. 316 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the ANNUAL COMPREHENSIVE FINANCIAL REPORT San Bernardino, California 13.a Packet Pg. 317 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 7+,63$*(,17(17,21$//</()7%/$1. 13.a Packet Pg. 318 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the &,7<2)6$1%(51$5',12 081,&,3$/:$7(5'(3$570(17  $118$/&2035(+(16,9(),1$1&,$/5(3257  )25),6&$/<($5(1'('-81(                                35(3$5('%<  7+(),1$1&($1'$&&2817,1*',9,6,21 13.a Packet Pg. 319 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 7+,63$*(,17(17,21$//</()7%/$1. 13.a Packet Pg. 320 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 TABLE OF CONTENTS Page(s) INTRODUCTORY SECTION Letter of Transmittal ................................................................................................................................. i GFOA Certificate of Achievement ........................................................................................................ viii Organizational Chart .............................................................................................................................. ix List of Elected and Appointed Officials ................................................................................................... x FINANCIAL SECTION Independent Auditors’ Report ................................................................................................................. 1 Management’s Discussion and Analysis ................................................................................................. 5 Basic Financial Statements: Statement of Net Position ............................................................................................................... 14 Statement of Revenues, Expenses and Changes in Net Position ................................................. 17 Statement of Cash Flows ............................................................................................................... 18 Notes to the Basic Financial Statements ........................................................................................ 21 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Proportionate Share of the Net Pension Liability .............................................................. 50 Schedule of Pension Plan Contributions ............................................................................................... 52 Schedule of Changes in Net OPEB Liability and Related Ratios ......................................................... 54 Schedule of OPEB Plan Contributions .................................................................................................. 55 Schedule of OPEB Plan Investment Returns........................................................................................ 56 STATISTICAL SECTION Changes in Net Position – Combined Funds ........................................................................................ 60 Changes in Net Position – Water Funds ............................................................................................... 61 Changes in Net Position – Sewer Fund ................................................................................................ 62 Changes in Net Position – Sewer Collection Fund ............................................................................... 63 Net Position by Component – Combined .............................................................................................. 64 Net Position by Component – Water Fund ........................................................................................... 65 Net Position by Component – Sewer Fund ........................................................................................... 66 Net Position by Component – Sewer Collection Fund .......................................................................... 67 Water Fund Revenue by Type .............................................................................................................. 68 Sewer Fund Revenue by Type ............................................................................................................. 69 Sewer Collection Fund Revenue by Type ............................................................................................. 70 Water Fund Expenses by Type ............................................................................................................. 71 Sewer Fund Expenses by Type ............................................................................................................ 72 Sewer Collection Fund Expense by Type ............................................................................................. 73 Water Fund Debt Service Coverage ..................................................................................................... 74 Sewer Fund Debt Service Coverage .................................................................................................... 75 Ratios of Outstanding Debt by Type ..................................................................................................... 76 Demographic Statistics ......................................................................................................................... 77 Major Employers ................................................................................................................................... 78 13.a Packet Pg. 321 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 TABLE OF CONTENTS Page(s) STATISTICAL SECTION (CONTINUED) Authorized Positions History ................................................................................................................. 79 Water Rates: Minimum Monthly Charge ............................................................................................... 80 Water Connections and Revenues by User Types ............................................................................... 81 Water Rates – Elevation Charges per HCF .......................................................................................... 82 Top Ten Water Consumers ................................................................................................................... 83 Sewer Treatment Rate History .............................................................................................................. 84 Sewer Treatment Connections and Revenue by User Type ................................................................ 85 Top Ten Sewage Treatment Customers ............................................................................................... 86 Sewer Collection Rate History .............................................................................................................. 87 Sewer Collection Connections and Revenue by User Type ................................................................. 88 Top Ten Sewer Collection Customers .................................................................................................. 89 13.a Packet Pg. 322 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the i 13.a Packet Pg. 323 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the The first water distribution system of San Bernardino included water supply for approximately six thousand citizens within a one square mile service area. Today, the Department’s service area is approximately 50 square miles and the water supply distribution network now encompasses over 45,000 service connections and 750 miles of water mains. Although the number of connections has increased during the past one hundred years, our commitment to providing trusted, quality service remains the same. The City of San Bernardino receives the majority of its water supply from an underground aquifer called Bunker Hill Groundwater Basin which is part of the San Bernardino Basin. The water contained in the Bunker Hill Basin is replenished with rain and snowmelt that filters through our local San Bernardino Mountains. This local water supply ensures that San Bernardino Municipal Water Department customers receive high quality, relatively inexpensive water as compared to other communities. Many other communities in Southern California must import their water supplies from remote locations via the Colorado River and State Water Project systems which adds cost. Many water supplies imported from distant locations can be impacted by certain man-made and natural contaminants as the water is transported to the customer. Imported supplies are also impacted by drought conditions. The Department has operated the Water Reclamation Plant (WRP) since 1973. The WRP is a 33 million gallons per day (MGD) Regional Secondary Treatment facility that provides trusted, quality wastewater treatment services for the City of San Bernardino, City of Loma Linda, East Valley Water District, San Bernardino International Airport, Patton State Hospital, and unincorporated areas of San Bernardino County. The WRP serves over 60,000 customers, of which 38,000 are located within the City’s boundaries. In May of 2017, management and operations of the Sewer Collection System were transferred from the City of San Bernardino Public Works Department to the San Bernardino Municipal Water Department. The system encompasses approximately 38,000 connections and conveys over 5 billion gallons of sewage annually to the Department’s Water Reclamation Plant for treatment. Fiscal Management: The Board annually adopts an operating and capital budget prior to the new fiscal year. The budget authorizes and provides the basis for reporting and control of financial operations and accountability for the Department’s functions, including the Water Utility, Sewer Treatment and Sewer Collection Funds. The budget and reporting treatment applied to a fund is consistent with the accrual basis of accounting and the financial statement basis. Each year the Department adopts a balanced budget. Local Economy: The Department’s offices are located in the City of San Bernardino in San Bernardino County. According to the California Department of Finance, San Bernardino’s population as of June 30, 2021, was 216,291. San Bernardino County offers affordable housing and available space as compared to the surrounding counties, which makes the area attractive for new homeowners and commercial development. Growth remains strong in the Inland Empire and neighboring regions. The economic outlook for the City of San Bernardino is forward moving considering the ongoing Coronavirus Pandemic (“Pandemic”). The region’s labor force is experiencing growth but not to pre-pandemic levels. The County of San Bernardino, along with the City of San Bernardino has experienced job growth according to the State of California Employment Development Department. The current unemployment rate for the City of San Bernardino is 8.0% while the County of San Bernardino is at 8.1% compared to the average national unemployment rate of 6.1%. The City of San Bernardino unemployment rate decreased by 5.5% from 13.5% since the end of fiscal year 2020. Leisure and Hospitality sectors are still below in job recoveries; however, the retail trade, transportation, utilities, warehousing, and service sectors have accounted for job gains since June 2020. This is a positive indicator that the economic recovery is underway. The Department continues to monitor the effects of the Pandemic on economic conditions and adjust the FY 2021-2022 budget and spending as needed. The Pandemic’s most adverse effect on the Department has been an increase in delinquent accounts over the last sixteen months. Furthermore, the Department has been staying well-informed of several Federal and State programs aimed at curbing financial impact to municipalities to ensure ii 13.a Packet Pg. 324 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the proactive participation for potential award. Earlier this year, the Department applied for and recently received award approval from the California Water and Wastewater Arrears Payment Program to help customers pay overdue water bills incurred during the pandemic. Our executive leadership efforts have also secured $5.16 million from the City’s allocation of Federal American Rescue Plan Act (ARPA) Act to replace lead service lines in the water system. California’s water supply continues to be a concern due to projected population increases and dwindling, unreliable supplies from traditional sources. The Department has expanded and will continue to expand its conservation efforts in order to respond to the state-wide water use efficiency regulations. Department staff members continue to seek various methods to decrease its dependence on imported water and to increase water supply reliability, including increasing production of recycled water. The Department’s latest conservation standard as imposed by the State was 0%, however, the Department maintains a self-imposed conservation standard of 15% as compared to 2013. This self-imposed standard will assist in supporting recovery of the local basin. Currently, the Department’s cumulative conservation standard is at 11% for the past year (September 2020 - September 2021). In May of 2018 California’s governor signed two bills - SB 606 and AB 1668 - to establish long-term conservation goals. This legislation supports the State’s initiative to “Make Water Conservation a California Way of Life” by emphasizing water use efficiency and stretching existing water supplies in California cities and farms. It lays out a timeline for local agencies to adopt standards, calculate objectives, and meet calculated objectives. It will allow the State Water Board to adopt standardized efficiencies for residential indoor and outdoor use and water losses, with appropriate variances for unique local conditions. The State will make local water agencies responsible for enforcement of the mandates and regulations, not individual customers. For the Department, the goal of water use efficiency remains paramount. Efficient water use is the most cost- effective and immediate way to achieve long-term conservation goals. As such, the Department is committed to sharing information, programs, and incentives to encourage and support water use efficiency for our customers. iii 13.a Packet Pg. 325 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Major Initiatives: Fuel Cell In July 2021, the Department commenced operation of a fuel cell facility at the San Bernardino Water Reclamation Plant (WRP) site. The fuel cell allows the Department to continue beneficially use of methane produced from wastewater treatment digesters (“digester gas”) to produce electricity for the WRP. Historically, the Department used digester gas beneficially to fuel engines that operated generators, aeration blowers, and pumps that were part of the wastewater treatment process. The Department must meet several stringent regulations to ensure the health and safety of the community it serves and to protect the environment. This includes new and revised air quality standards for operation of wastewater plants such as the WRP. The facility was conceived as part of the Department’s ongoing response to the new and revised regulations and supports the Department’s plans to improve operations and continue to beneficially utilize biogas generated from the WRP digesters. The fuel cell facility was developed in a public/private partnership between SBMWD and FuelCell Energy, Inc. (FCEL), a leading US manufacturer of fuel cell power plants with several facilities at wastewater treatment plants in California. FCEL was responsible for construction, installation, commissioning of the entire facility and will also provide long-term operation, maintenance, and service. Advanced Metering Infrastructure The Department has been selected to receive a $500,000 grant from the U.S. Bureau of Reclamation to start phase one of the Department’s Advanced Metering Infrastructure (AMI) project. The first phase of the AMI project will install and connect approximately one quarter of the Department’s water meters to an advanced communications network to gather water consumption data in real time. This water use data will reduce water waste by enabling the Department to identify and notify customers of leaks and abnormally high-water use more quickly. 22,071,533  20,366,117  20,178,260  15,698,545  15,828,607  16,863,706  16,866,892  15,859,342  16,108,824  18,082,220   ‐  5,000,000  10,000,000  15,000,000  20,000,000  25,000,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Water  Production In Hundred Cubic Feet Water Production iv 13.a Packet Pg. 326 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Water Resource Management The Department recently completed a joint planning effort to develop the Integrated Regional Urban Water Management Plan with several agencies within the Upper Santa Ana River Watershed. This effort developed a comprehensive guide for water resource management including actions to ensure adequate supplies to meet future demands within a range of water supply conditions including water shortages. Regional Recycled Water Lastly, the Department continues to develop its recycled water project. While the design for the initial phase of the project is complete, certain environmental and permitting prerequisites remain. The Department anticipates resolving outstanding prerequisites and commencing construction in 2022. At the same, the Department is working with its regional partners to develop a regional recycled water system that involves connecting recycled water systems in the region and will provide flexibility to apply produce recycled water were it is most needed in the San Bernardino Basin. Long Term Financial Planning: In August of 2019, the Department adopted a Strategic Plan that created a roadmap for the Department’s long- term financial goals and objectives. As part of the Strategic Plan, long-term financial plans were developed for all three of the Department’s enterprises: Water, Sewer Treatment and Sewer Collection. These financial plans assisted the Department with determining the need to conduct a cost of service study for all three enterprises. The cost-of-service study will take place in FY 2022. The cost of service study will assist the Department in developing alternative water sources, replacing aging infrastructure and addressing increasing costs. The Department’s financial plan includes the revision of the existing Reserve Policy. The Department’s current Reserve policy was revised and adopted by the Board in September 2021.  Operating Reserve: This reserve is established to ensure adequate cash flow is available to meet day- to-day expenses. The target balance is 45 days of the operating expenses budgeted for each respective fund.  Rate Stabilization Reserve: This reserve is established to offset revenue risk associated with low service demands years. The minimum target balance for each fund is twenty percent (20%) of their respective budgeted sales.  Emergency Replacement Reserve: The purpose of this reserve is to minimize the impact of unforeseen capital asset and operating expenses. The target balance for each fund shall be two percent (2%) of the total recorded value of capital assets as of the previous fiscal year.  Capital Replacement Reserve: The Capital Replacement Reserve was set up in order to provide funding support of the Department’s capital program. The basis for calculating the target balance for this reserve is a rolling five-year average of the Department’s Capital Improvement Program projects, excluding those with external funding. The target balance will be assessed on an annual basis as part of the budgeting process. v 13.a Packet Pg. 327 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Debt Administration: The Department’s outstanding debt as of June 30, 2021 consists of one Revenue Bond in the Water Utility Fund, and one Revenue Bond in the Sewer Utility Fund, as shown in the table below: Water Fund Long-Term Debt Activity Year of Issuance/Description Use of Proceeds 2016 California Municipal Finance Authority Revenue Bond Funding for facility construction, seismic retrofit of reservoirs and other capital improvement projects. Sewer Fund Long-Term Debt Activity Year of Issuance/Description Use of Proceeds 2016 California Municipal Finance Authority Revenue Bond Funding for primary influent flow equalization project, facility construction, and recycled water project. Relevant Financial Policies: Internal Control Structure Department management is responsible for the establishment and maintenance of the internal control structure that ensures that the assets of the Department are protected from loss, theft or misuse. The internal control structure also ensures that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The Department’s internal control structure is designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived and (2) the valuation of costs and benefits requires estimates and judgments by management. Major Initiatives and Key Values: The activities of the Board and Department staff are driven by our key value statements as outlined below: 1. Provide the highest level of customer service to our community. 2. Responsibly establish necessary rates in the most cost-effective manner. 3. Provide the highest quality water and wastewater services. 4. Provide responsible stewardship of our resources and our environment. 5. Require ethical business practices. 6. Foster a strong, positive organizational culture and promote staff development. Awards and Acknowledgements: The Government Finance Officers Association (GFOA) of the United States and Canada awarded a Certificate of Achievement for Excellence in Financial Reporting to the Department for its annual comprehensive financial report for the fiscal year ended June 30, 2020. To be awarded a Certificate of Achievement, the Department must publish an easily readable and efficiently organized annual comprehensive financial report. This report must satisfy both generally accepted accounting principles and applicable legal requirements. vi 13.a Packet Pg. 328 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the vii 13.a Packet Pg. 329 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting Presented to City of San Bernardino Municipal Water Department California For its Comprehensive Annual Financial Report For the Fiscal Year Ended June 30, 2020 Executive Director/CEO viii 13.a Packet Pg. 330 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Deputy General ManagerRobin L. OhamaCITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENTORGANIZATIONRate PayersCity CouncilWater BoardGeneral ManagerMiguel J. Guerrero, P.E.Water UtilitySteve R. MillerDistributionOperationsMaintenanceEngineeringFinance and AccountingCynthia J. MouserFinanceAccountingPayrollPurchasingWater ReclamationKevin T. Stewart, P.E.OperationsProcessingMaintenanceElectrical/SCADARIX FacilitySewerCollectionEnvironmental &Regulatory ComplianceJennifer L. ShepardsonEvironmental &RegulatoryComplianceSafetyRisk MgmtEnvironmentalControlWater QualityHuman ResourcesCustomer ServiceField & Meter SvcsFleetInformation Technology ix 13.a Packet Pg. 331 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the ŝƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽDƵŶŝĐŝƉĂůtĂƚĞƌĞƉĂƌƚŵĞŶƚ  DĂLJŽƌƚŚĞŝƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ :ŽŚŶsĂůĚŝǀŝĂ  tĂƚĞƌŽĂƌĚ dŽŶŝĂůůŝĐŽƚƚ͕WƌĞƐŝĚĞŶƚ tĂLJŶĞ,ĞŶĚƌŝdž͕W͕͘͘sŝĐĞWƌĞƐŝĚĞŶƚ ĂǀŝĚ͘DůLJŶĂƌƐŬŝ͕ŽŵŵŝƐƐŝŽŶĞƌ ZŝŬŬĞs͘:ŽŚŶƐŽŶ͕ŽŵŵŝƐƐŝŽŶĞƌ dŚŽŵĂƐƌŝĐŬůĞLJ͕ŽŵŵŝƐƐŝŽŶĞƌ  ĚŵŝŶŝƐƚƌĂƚŝŽŶ DŝŐƵĞů:͘'ƵĞƌƌĞƌŽ͕W͕͘͘'ĞŶĞƌĂůDĂŶĂŐĞƌ ZŽďŝŶ>͘KŚĂŵĂ͕ĞƉƵƚLJ'ĞŶĞƌĂůDĂŶĂŐĞƌ ^ƚĞǀĞZ͘DŝůůĞƌ͕ŝƌĞĐƚŽƌŽĨtĂƚĞƌhƚŝůŝƚLJ <ĞǀŝŶd͘^ƚĞǁĂƌƚ͕W͕͘͘ŝƌĞĐƚŽƌŽĨtĂƚĞƌZĞĐůĂŵĂƚŝŽŶ LJŶƚŚŝĂ:͘DŽƵƐĞƌ͕ŝƌĞĐƚŽƌŽĨ&ŝŶĂŶĐĞ :ĞŶŶŝĨĞƌ>͘^ŚĞƉĂƌĚƐŽŶ͕ŝƌĞĐƚŽƌŽĨŶǀŝƌŽŶŵĞŶƚĂůΘZĞŐƵůĂƚŽƌLJŽŵƉůŝĂŶĐĞ  DŝƐƐŝŽŶ^ƚĂƚĞŵĞŶƚ dŽŵĞĞƚƚŚĞŶĞĞĚƐŽĨƚŚĞĐŽŵŵƵŶŝƚLJďLJƉƌŽǀŝĚŝŶŐƐƵƐƚĂŝŶĂďůĞ͕ŚŝŐŚƋƵĂůŝƚLJǁĂƚĞƌƐƵƉƉůLJĂŶĚ ǁĂƐƚĞǁĂƚĞƌƐĞƌǀŝĐĞƐŝŶƚŚĞŵŽƐƚƉƌŽĨĞƐƐŝŽŶĂů͕ĞŶǀŝƌŽŶŵĞŶƚĂůůLJƌĞƐƉŽŶƐŝďůĞ͕ĂŶĚĐŽƐƚͲĞĨĨĞĐƚŝǀĞ ŵĂŶŶĞƌƉŽƐƐŝďůĞ͘ KƌŐĂŶŝnjĂƚŝŽŶ dŚĞ ŝƚLJ ŽĨ ^ĂŶ ĞƌŶĂƌĚŝŶŽ DƵŶŝĐŝƉĂů tĂƚĞƌ ĞƉĂƌƚŵĞŶƚ ǁĂƐ ĨŽƌŵĞĚ ŝŶ ϭϵϬϱ ƵŶĚĞƌ ƚŚĞ ŚĂƌƚĞƌŽĨƚŚĞŝƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽĂŶĚŝƐŐŽǀĞƌŶĞĚďLJƚŚĞtĂƚĞƌŽĂƌĚǁŚŽĂƌĞĂƉƉŽŝŶƚĞĚďLJ ƚŚĞDĂLJŽƌŽĨƚŚĞŝƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ͘dŚĞŵŽƐƚƌĞĐĞŶƚŚĂƌƚĞƌ͕ĂƉƉƌŽǀĞĚďLJǀŽƚĞƌƐŝŶ EŽǀĞŵďĞƌϮϬϭϲ͕ŐĂǀĞƚŚĞtĂƚĞƌŽĂƌĚ͞ZĞƐƉŽŶƐŝďŝůŝƚLJƚŽŽǀĞƌƐĞĞĂŶĚŵĂŶĂŐĞƚŚĞŝƚLJ͛ƐǁĂƚĞƌ ƐƵƉƉůLJ͕ ƌĞĐLJĐůĞĚ ǁĂƚĞƌ͕ ǁĂƐƚĞǁĂƚĞƌ ĐŽůůĞĐƚŝŽŶ ĂŶĚ ƚƌĞĂƚŵĞŶƚ ĨƵŶĐƚŝŽŶƐ ŝŶ ĂĐĐŽƌĚĂŶĐĞ ǁŝƚŚ ^ƚĂƚĞ>Ăǁ͘͟dŚĞĞƉĂƌƚŵĞŶƚŽƉĞƌĂƚĞĚƚŚƌĞĞĞŶƚĞƌƉƌŝƐĞĨƵŶĚƐ͗ƚŚĞtĂƚĞƌhƚŝůŝƚLJŶƚĞƌƉƌŝƐĞ&ƵŶĚ͕ ƚŚĞ^ĞǁĞƌhƚŝůŝƚLJŶƚĞƌƉƌŝƐĞ&ƵŶĚĂŶĚƚŚĞ^ĞǁĞƌŽůůĞĐƚŝŽŶhƚŝůŝƚLJŶƚĞƌƉƌŝƐĞ&ƵŶĚ͘tĂƚĞƌƐĞƌǀŝĐĞ ĞŶĐŽŵƉĂƐƐĞƐƚŚĞŝƚLJ͕ǁŝƚŚƚŚĞĞdžĐĞƉƚŝŽŶŽĨƚŚĞĞĂƐƚĞŶĚ͕ǁŚŝĐŚŝƐƐĞƌǀĞĚďLJĂƐƚsĂůůĞLJtĂƚĞƌ ŝƐƚƌŝĐƚ͘^ĞǁĞƌƚƌĞĂƚŵĞŶƚƐĞƌǀŝĐĞĞŶĐŽŵƉĂƐƐĞƐĂůůŽĨƚŚĞŝƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽ͕ƚŚĞŝƚLJŽĨ>ŽŵĂ >ŝŶĚĂ͕ ƚŚĞ ĨŽƌŵĞƌ EŽƌƚŽŶ ŝƌ &ŽƌĐĞ ĂƐĞ͕ WĂƚƚŽŶ ^ƚĂƚĞ ,ŽƐƉŝƚĂů͕ ĂŶĚ ƉŽƌƚŝŽŶƐ ŽĨ ƚŚĞ ŝƚLJŽĨ,ŝŐŚůĂŶĚƐĞƌǀŝĐĞĚďLJĂƐƚsĂůůĞLJtĂƚĞƌŝƐƚƌŝĐƚ͘^ĞǁĞƌĐŽůůĞĐƚŝŽŶƐĞƌǀŝĐĞŝƐƉƌŽǀŝĚĞĚǁŝƚŚŝŶ ƚŚĞŝƚLJŽĨ^ĂŶĞƌŶĂƌĚŝŶŽďŽƵŶĚĂƌŝĞƐ͘ x 13.a Packet Pg. 332 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Report on the Financial Statements Opinions We have audited the accompanying financial statements of each major fund of the City of San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California (the “City”), as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements as listed in the table of contents. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of each major fund of the Department as of June 30, 2021, and the respective changes in financial position and cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Our responsibilities under those standards are further described in the Auditor’s Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Department and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Emphasis of Matter As discussed in Note 1 to the financial statements, the financial statements present only the Department and do not purport to, and do not, present fairly the financial position of the City as a whole, as of June 30, 2021, and the changes in its financial position for the year then ended in accordance with accounting principles generally accepted in the United States of America. Our opinions are not modified with respect to this matter. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Department’s ability to continue as a going concern for twelve months beyond the date of the financial statements. 13.a Packet Pg. 333 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Auditor’s Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor’s report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if, individually or in the aggregate, they could reasonably be expected to influence the economic decisions of users made on the basis of these financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsible to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements.  Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate to the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control. Accordingly, no such opinion is expressed.  Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements.  Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the Department’s ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. Other Reporting Responsibilities Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis, the schedule of proportionate share of the net pension liability, the schedule of changes in net OPEB liability and related ratios, the schedules of plan contributions, and the schedule of OPEB plan investment returns as listed in the table of contents be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. 2 13.a Packet Pg. 334 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Other Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Department’s basic financial statements. The introductory section and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements and have not been subjected to the auditing procedures applied in the audit of the basic financial statements. Accordingly, we do not express an opinion or provide any assurance on them. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 1, 2021 on our consideration of the Department’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Department’s internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Department’s internal control over financial reporting and compliance. Brea, California December 1, 2021 3 13.a Packet Pg. 335 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 4 13.a Packet Pg. 336 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the MANAGEMENT’S DISCUSSION AND ANALYSIS The City of San Bernardino Municipal Water Department (Department) is a water, sewer collection and treatment utility responsible for delivering high quality, economically priced water, sewer treatment and sewer collections services to a quarter of a million customers in and around the City of San Bernardino, California. This section of the Department’s annual financial report presents management’s analysis of the Department’s financial performance during the fiscal year that ended on June 30, 2021. Please read it in conjunction with the basic financial statements, which follow this section. All amounts in the Management’s Discussion and Analysis within text areas are in thousands unless otherwise noted. Financial Highlights:  The Department’s overall net position increased by $8.1 million or 2.0%.  Operating revenues increased $2.6 million, 3.4% from the prior fiscal year. Revenues had a modest increase. The last rate increases were implemented July 1, 2018 and the Department is currently undergoing a rate study.  Operating expenses increased $6.4 million, 9.1% from the prior fiscal year. The most significant variances were noted in the categories of electricity, chemicals, contracted services, and the R.O.W maintenance agreement between the City and the Department.  Net income/loss before capital contributions decreased by $6.7 million.  The Department’s current ratio (the ability to pay short-term obligations) was 8.0.  Cash available (the ability to cover current expenses with cash) was 615 days. Overview of the Financial Statements The discussion and analysis are intended to serve as an introduction to the Department’s basic financial statements. The Department’s basic financial statements are comprised of two components: the Financial Statements and the Notes to the Basic Financial Statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Information providing citywide financial results is available in the City’s Comprehensive Annual Financial Report. Required Financial Statements The financial statements of the Department report information about the Department using accounting methods similar to those used by private sector companies. These statements offer short-term and long-term financial information about its activities. The Statement of Net Position (pages 14-15) includes all of the Department’s investments in resources (assets) and the obligations to creditors (liabilities). It also provides the basis for evaluating the capital structure of the Department and assessing the liquidity and financial flexibility of the Department. All of the current year’s revenues and expenses are accounted for in the Statement of Revenues, Expenses and Changes in Net Position. (page 17) This statement measures the success of the Department’s operations over the past year and can be used to determine whether the Department has successfully recovered all its costs through its user fees and other charges, profitability, and credit worthiness. The final required financial statement is the Statement of Cash Flows (pages 18-19). The primary purpose of this statement is to provide information about the Department’s cash receipts and cash payments during the reporting period. The statement reports cash receipts, cash payments, and net changes in cash resulting from operations, investing, and financing activities and provides answers to questions such as “where did cash come from, what was cash used for, and what was the change in cash balance during the reporting period?” 5 13.a Packet Pg. 337 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Financial Analysis of the Department Our analysis of the Department begins on page 14 of the financial statements. One of the most important questions to ask about the Department’s finances is “Whether the Department, as a whole, is better off or worse off as a result of the year’s activities?” The Statement of Net Position, and the Statement of Revenues, Expenses and Changes in Net Position report information about the Department’s activities in a way that will help answer this question. These two statements report the net position of the Department and changes in them. Measuring the change in the Department’s net position - the difference between assets and liabilities - is one way to measure financial health or financial position. Over time, increases or decreases in the Department’s net assets are indications of whether its financial health is improving or deteriorating. However, one will need to consider other non-financial factors such as changes in economic conditions, population growth, and zoning and new or changed government legislation. Water Utility Fund To begin our analysis, a summary of the Water Utility Fund’s Statement of Net Position is presented in Table A-1. 2021 2020 $ Change % Change Current and noncurrent assets 104,853$ 105,586$ (733)$ -0.7% Capital assets 204,921 203,799 1,122 0.6% Total assets 309,774 309,385 389 0.1% Deferred outflows of resources 5,407 5,029 378 7.5% Current liabilities 7,950 9,260 (1,310) -14.1% Noncurrent liabilities 132,008 137,704 (5,696) -4.1% Total liabilities 139,958 146,964 (7,006) -4.8% Deferred inflows of resources 4,227 1,384 2,843 205.4% Net investment in capital assets 168,554 168,992 (438) -0.3% Unrestricted 2,442 (2,926) 5,368 183.5% Total net position 170,996$ 166,066$ 4,930$ 3.0% TABLE A-1 Condensed Statement of Net Position - Water Utility (amounts expressed in thousands of dollars) As can be seen from the table above, the Water Utility total net position increased 3.0% or $4.9 million in fiscal year 2021. The favorable increase in net position is related to the decrease in total liabilities of 4.8% or $7.0 million. The decrease is largely due to expenses associated with the City’s right-of-way maintenance agreement ($1.2 million) paid before the end of the fiscal year reflected in the decrease in current liabilities. The decrease in noncurrent liabilities relates to the decrease of the net OPEB liability ($4.4 million) due to advantageous investment earnings in the OPEB trust and the steady health insurance premiums. 6 13.a Packet Pg. 338 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2021 2020 $ Change % Change Operating revenue 42,758$ 40,267$ 2,491$ 6.2% Capital contributions 3,861 2,003 1,858 92.8% Other nonoperating revenue 2,718 3,636 (918) -25.2% Total revenues 49,337 45,906 3,431 7.5% Operating expenses 42,481 38,626 3,855 10.0% Nonoperating expenses 1,926 1,980 (54) -2.7% Total expenses 44,407 40,606 3,801 9.4% Change in net position 4,930 5,300 (370) 7.0% Net position, beginning balance 166,066 160,766 5,300 3.3% Total net position 170,996$ 166,066$ 4,930$ 3.0% TABLE A-2 Condensed Statement of Revenues, Expenses and Changes in Net Position - Water Utility (amounts expressed in thousands of dollars) Total revenues increased by 7.5% or $3.4 million. Water operating revenues increased due to higher demand as customers stayed at home due to the Pandemic. Capital contributions also increased as development in the City increased due to COVID restrictions lifting during FY 21. Total expenses increased 9.4% or $3.8 million. Significant variances were noted in electricity ($1.2 million), activated carbon chemicals ($0.4 million), contracted services ($0.5 million), and expenses associated with the Right of Way Maintenance (R.O.W.) agreement with the City. Expenses increased overall in the water fund, and depreciation expense increased ($0.3 million) over the prior year. 2021 2020 $ Change % Change Land and easements 5,611$ 5,611$ -$ 0.0% Construction in progress 9,808 10,928 (1,120) -10.2% Wells and pumping 101,989 101,989 - 0.0% Distribution 159,997 159,892 105 0.1% Plant and facilities 7,543 6,716 827 12.3% Other capital assets 43,030 34,141 8,889 26.0% Total capital assets 327,978 319,277 8,701 2.7% Less: accumulated depreciation (123,057) (115,478) (7,579) 6.6% Total capital assets, net 204,921$ 203,799$ 1,122$ 0.6% TABLE A-3 Capital Assets - Water Utility (amounts expressed in thousands of dollars) Total capital assets increased by 2.7% or $8.7 million in fiscal year 2021. The Water fund capitalized $8.9 million in various annual repairs and maintenance capital projects completed and placed in service during the fiscal year. Projects included the Systemwide Pipeline Replacement ($4.8 million) and the Enhancement of San Bernardino Basin Area Groundwater Flow Model ($1.3 million). Additional information on capital assets is presented in Note 4 of the Notes to the Basic Financial Statements. 7 13.a Packet Pg. 339 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2021 2020 $ Change % Change Bonds Payable 44,970$ 45,830$ (860)$ -1.9% Bond Premium 5,007 5,204 (197) -3.8% Compensated absences 1,413 1,187 226 19.0% Total long-term debt 51,390$ 52,221$ (831)$ -1.6% TABLE A-4 Long-term Debt - Water Utility (amounts expressed in thousands of dollars) Total long-term debt decreased by 1.6% or $0.8 million due to annual debt service payments. Additional information on long-term debt is presented in Note 5 of the Notes to Basic Financial Statements. Sewer Utility Fund 2021 2020 $ Change % Change Current and noncurrent assets 91,573$ 106,406$ (14,833)$ -13.9% Capital assets 83,932 68,817 15,115 22.0% Total assets 175,505 175,223 282 0.2% Deferred outflow of resources 3,973 3,685 288 7.8% Current liabilities 6,577 8,536 (1,959) -22.9% Noncurrent liabilities 57,095 59,611 (2,516) -4.2% Total liabilities 63,672 68,147 (4,475) -6.6% Deferred inflow of resources 3,085 1,009 2,076 205.7% Net investment in capital assets 64,651 66,907 (2,256) -3.4% Unrestricted 48,070 42,845 5,225 12.2% Total net position 112,721$ 109,752$ 2,969$ 2.7% TABLE B-1 Condensed Statement of Net Position - Sewer Utility (amounts expressed in thousands of dollars) As can be seen from the table above, the Sewer Utility net position increased 2.7% or $3.0 million to $112.7 million in fiscal year 2021. The favorable increase in net position is related to the decrease in total liabilities of 6.6% or $4.4 million. The decrease in noncurrent liabilities relates to the decrease of the net OPEB liability ($3.2 million) due to advantageous investment earnings in the OPEB trust and the steady health insurance premiums. 8 13.a Packet Pg. 340 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2021 2020 $ Change % Change Operating revenue 30,361$ 30,397$ (36)$ -0.1% Capital contributions 2,502 2,257 245 10.9% Other nonoperating revenue 19 1,322 (1,303) -98.6% Total revenues 32,882 33,976 (1,094) -3.2% Operating expenses 26,986 24,648 2,338 9.5% Nonoperating expenses 2,927 2,859 68 2.4% Total expenses 29,913 27,507 2,406 8.7% Change in net position 2,969 6,469 (3,500) -54.1% Net position, beginning balance 109,752 103,283 6,469 6.3% Total net position 112,721$ 109,752$ 2,969$ 2.7% TABLE B-2 Condensed Statement of Revenues, Expenses and Changes in Net Position - Sewer Utility (amounts expressed in thousands of dollars) During fiscal year 2021, total revenues for the Sewer Utility decreased 3.2% or $1.1 million, from the prior year, primarily due to unfavorable investment income earnings ($19 thousand) when compared ($1.3 million) to prior year. Total expenses increased 8.7% or $2.4 million in fiscal year 2021 largely due to increased operating expenses. Significant variances were noted in electricity ($0.3 million), chemicals ($0.3 million), professional services ($0.3 million), and expenses associated with sludge removal and brine line maintenance ($0.4 million). 2021 2020 $ Change % Change Land and easements 17,603$ 17,603$ -$ 0.0% Construction in progress 26,024 8,068 17,956 222.6% Pumping 4,750 4,750 - 0.0% Buildings, plants and stores 143,371 143,371 - 0.0% Field and office equipment 10,543 8,876 1,667 18.8% Total capital assets 202,291 182,668 19,623 10.7% Less: accumulated depreciation (118,359) (113,851) (4,508) 4.0% Total net assets 83,932$ 68,817$ 15,115$ 22.0% TABLE B-3 Capital Assets - Sewer Utility (amounts expressed in thousands of dollars) Total capital assets increased by 10.7% or $19.6 million in fiscal year 2021, primarily due to construction in progress expenditures related to the Blower Decentralization Project ($12.0 million) and the Digester Gas Storage Project ($2.5 million). More information relating to capital assets can be found in Note 4 of the Notes to the Basic Financial Statements. 9 13.a Packet Pg. 341 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2021 2020 $ Change % Change Bonds Payable 31,945$ 32,610$ (665)$ -2.0% Bond Premium 163 169 (6) -3.6% Compensated absences 539 483 56 11.6% Total long-term debt 32,647$ 33,262$ (615)$ -1.8% TABLE B-4 Long-term Debt - Sewer Utility (amounts expressed in thousands of dollars) During the year, the Sewer Utility’s long-term debt decreased 1.8% or $0.6 million which can be attributed to the annual debt service payments. Additional information on long-term debt is presented in Note 5 of the Notes to Basic Financial Statements. Sewer Collections Utility 2021 2020 $ Change % Change Current and noncurrent assets 19,839$ 21,569$ (1,730)$ -8.0% Capital assets 20,084 19,372 712 3.7% Total assets 39,923 40,941 (1,018) -2.5% Deferred outflow of resources 1,335 1,248 87 7.0% Current liabilities 792 1,891 (1,099) -58.1% Noncurrent liabilities 8,651 9,351 (700) -7.5% Total liabilities 9,443 11,242 (1,799) -16.0% Deferred inflow of resources 1,018 335 683 203.9% Net investment in capital assets 20,084 19,372 712 3.7% Unrestricted 10,713 11,240 (527) -4.7% Total net position 30,797$ 30,612$ 185$ 0.6% TABLE C-1 Condensed Statement of Net Position - Sewer Collections Utility (amounts expressed in thousands of dollars) As can be seen from the table above, the Sewer Collections Utility net position increased slightly, approximately 0.6% or $0.1 million, to $30,797 million in fiscal year 2021. Total liabilities decreased 16% or $1.8 million. The decrease is largely due to expenses associated with the City’s right-of-way maintenance agreement ($1.1 million) paid before the end of the fiscal year reflected in the decrease in current liabilities. 10 13.a Packet Pg. 342 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2021 2020 $ Change % Change Operating revenue 7,794$ 7,666$ 128$ 1.7% Capital contributions 242 345 (103) -29.9% Other nonoperating revenue 11 630 (619) -98.3% Total revenues 8,047 8,641 (594) -6.9% Operating expenses 7,862 7,650 212 2.8% Total expenses 7,862 7,650 212 2.8% Change in net position 185 991 (806) -81.3% Net position, beginning balance 30,612 29,621 991 Total net position 30,797$ 30,612$ 185$ 0.6% TABLE C-2 Condensed Statement of Revenues, Expenses and Changes in Net Position - Sewer Collections Utility (amounts expressed in thousands of dollars) During fiscal year 2021, total revenues for the Sewer Collection Utility decreased 6.9% or $0.6 million from the prior year, primarily due unfavorable investment income earnings ($1.6 thousand) when compared ($.6 million) to prior year. Total expenses increased 2.8% or $0.2 million in fiscal year 2021. 2021 2020 $ Change % Change Construction in progress 1,683$ 1,676$ 7$ 100.0% Buildings, plants and stores 17,252 17,252 - 0.0% Field and office equipment 7,379 5,393 1,986 36.8% Sewer Pipelines 19,112 19,112 - 0.0% Total capital assets 45,426 43,433 1,993 4.6% Less: accumulated depreciation (25,342) (24,061) (1,281) 5.3% Total net assets 20,084$ 19,372$ 712$ 3.7% TABLE C-3 Capital Assets - Sewer Collections Utility (amounts expressed in thousands of dollars) Total capital assets increased by 4.6% or $0.2 million in fiscal year 2021, due to extensive repairs and rehabilitation of sewer collection mains and manhole repairs during the fiscal year. More information relating to capital assets can be found in Note 4 of the Notes to the Basic Financial Statements. The Sewer Collections Utility does not have any outstanding debt. Economic Factors and Next Year’s Budgets and Rates The Service Area (Service Area) economy served by the Department is steadily recovering from the impact of the Coronavirus pandemic during the entire fiscal year 2021. The Department was granted minor pass-through funds from the County of San Bernardino to offset equipment and coronavirus related expenses. The Department is currently participating in the Federal Covid-19 payroll tax relief and coordinating with the City to allocate part of the Federal American Rescue Plan Act (ARPA) Act funds for lead service lines in the water system. Most recently, the department received award approval from the California Water and Wastewater Arrears Payment Program to offset the impact the Pandemic has had on the Department’s delinquent accounts. 11 13.a Packet Pg. 343 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the The Department adopted a balanced budget for Fiscal Year 2021-2022. The Fiscal Year 2021-2022 budget takes into consideration the effects of the Pandemic, rising operational expenses and funding our capital program to address aging infrastructure. Additional details regarding the Department’s budget can be found on the Department’s website. Questions or requests for information regarding the Adopted Budget should be directed to the Finance Department. The Department is currently undergoing a rate study and a cost-of-service study for the water, sewer treatment, and sewer collection utilities. The department plans to present the results of the rate study and rate structure proposal during fiscal year 2021-2022. As part of the Department’s strategic plan, a long- term financial plan was completed for each enterprise fund. Contacting the Department’s Director of Finance This financial report is designed to provide our customers and creditors with a general overview of the Department’s finances and to demonstrate the Department’s accountability for the money it receives. If you have questions about this report or need additional financial information, please contact the Department’s finance department at (909) 453-6009.   12 13.a Packet Pg. 344 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the %$6,&),1$1&,$/67$7(0(176 13 13.a Packet Pg. 345 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STATEMENT OF NET POSITION JUNE 30, 2021 Total Assets: Current: Cash and investments 37,101,334$ 51,290,605$ 18,730,192$ 107,122,131$ Receivables: Accounts, net 6,902,075 3,594,312 1,012,343 11,508,730 Accrued interest 48,946 108,647 46,466 204,059 Due from other entities - 511,838 - 511,838 Inventories 1,588,030 - - 1,588,030 Prepaid expenses 286,949 577,422 49,807 914,178 Total Current Assets 45,927,334 56,082,824 19,838,808 121,848,966 Noncurrent: Investment in joint venture - RIX - 22,663,748 - 22,663,748 Restricted assets: Cash and cash equivalents: Restricted for capital 13,609,131 12,825,440 - 26,434,571 Investments: Restricted for consent decree 24,690,738 - - 24,690,738 Accrued interest - consent decree 42,824 - - 42,824 Prepaid Insurance - consent decree 20,582,128 - - 20,582,128 Capital assets: Land and easements 5,610,559 17,603,413 - 23,213,972 Construction in progress 9,808,392 26,024,300 1,683,773 37,516,465 Depreciable capital assets 312,560,167 158,663,831 43,742,987 514,966,985 Less: accumulated depreciation and amortization (123,057,499) (118,358,697) (25,342,485) (266,758,681) Total Capital Assets, Net 204,921,619 83,932,847 20,084,275 308,938,741 Total Noncurrent Assets 263,846,440 119,422,035 20,084,275 403,352,750 Total Assets 309,773,774 175,504,859 39,923,083 525,201,716 Deferred Outflows of Resources: Deferred outflows - pension related 3,877,620 2,857,193 966,517 7,701,330 Deferred outflows - OPEB related 1,530,089 1,116,664 368,803 3,015,556 Total Deferred Outflows of Resources 5,407,709 3,973,857 1,335,320 10,716,886 Water Utility Sewer Utility Sewer Collection Utility The notes to financial statements are an integral part of this statement. 14 13.a Packet Pg. 346 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STATEMENT OF NET POSITION JUNE 30, 2021 Total Water Utility Sewer Utility Sewer Collection Utility Liabilities: Current: Accounts payable 1,747,478 3,703,951 419,543 5,870,972 Related parties payable 23,612 - - 23,612 Accrued compensation 723,600 549,558 171,520 1,444,678 Claims payable 1,780,876 649,934 160,969 2,591,779 Consumer deposits 565,870 - - 565,870 Current portion of compensated absences 1,130,655 431,963 40,080 1,602,698 Current portion of bonds payable 1,097,638 706,404 - 1,804,042 Accrued interest 880,370 535,531 - 1,415,901 Total Current Liabilities 7,950,099 6,577,341 792,112 15,319,552 Noncurrent: Consumer deposits 2,784,072 - - 2,784,072 Accrued compensated absences 282,664 107,991 10,020 400,675 Unearned revenue - consent decree 45,315,690 - - 45,315,690 Bonds payable 48,879,195 31,401,343 - 80,280,538 Net OPEB Liability 2,471,525 1,803,715 595,718 4,870,958 Net pension liability 32,275,144 23,781,685 8,044,748 64,101,577 Total Noncurrent Liabilities 132,008,290 57,094,734 8,650,486 197,753,510 Total Liabilities 139,958,389 63,672,075 9,442,598 213,073,062 Deferred Inflows of Resources: Deferred inflows - OPEB related 4,227,363 3,085,154 1,018,942 8,331,459 Total Deferred Inflows of Resources 4,227,363 3,085,154 1,018,942 8,331,459 Net Position: Net investment in capital assets 168,553,917 64,650,540 20,084,275 253,288,732 Unrestricted 2,441,814 48,070,947 10,712,588 61,225,349 Total Net Position 170,995,731$ 112,721,487$ 30,796,863$ 314,514,081$ The notes to financial statements are an integral part of this statement. 15 13.a Packet Pg. 347 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 16 13.a Packet Pg. 348 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET POSITION FOR THE YEAR ENDED JUNE 30, 2021 Interfund Eliminations Total Operating Revenues: Sales and service charges 42,113,517$ 29,587,597$ 7,759,318$ (82,259)$ 79,378,173$ Other operating revenues 644,675 773,519 35,100 - 1,453,294 Total Operating Revenues 42,758,192 30,361,116 7,794,418 (82,259) 80,831,467 Operating Expenses: Administration and customer service 6,702,762 3,970,170 1,654,388 264,599 12,591,919 Utility administration 2,410,770 366,666 202,983 (501,547) 2,478,872 Plant operations 9,037,367 11,242,168 533,619 97,484 20,910,638 Maintenance 3,126,556 3,811,413 - (55,205) 6,882,764 Environmental control - 744,690 - 112,410 857,100 Distribution 5,007,865 - - - 5,007,865 Engineering and water quality control 3,064,623 387,932 2,549,257 - 6,001,812 General, administration and overhead 5,292,025 1,955,477 1,640,598 - 8,888,100 Depreciation and amortization 7,838,887 4,507,869 1,281,602 - 13,628,358 Total Operating Expenses 42,480,855 26,986,385 7,862,447 (82,259) 77,247,428 Operating Income (Loss)277,337 3,374,731 (68,029) - 3,584,039 Nonoperating Revenues (Expenses): Investment income 29,541 19,472 1,605 - 50,618 Rental income 286,553 - - - 286,553 Noncapital grant funds 2,011,099 - - - 2,011,099 Share of joint venture income (loss)- (1,604,905) - - (1,604,905) Interest expense and fiscal charges (1,926,133) (1,283,861) - - (3,209,994) Gain (loss) on disposal of capital assets 83,682 - - - 83,682 Other 306,785 (38,363) 9,306 - 277,728 Total Nonoperating Revenues (Expenses)791,527 (2,907,657) 10,911 - (2,105,219) Net Income (Loss) Before Capital Contributions 1,068,864 467,074 (57,118) - 1,478,820 Capital Contributions: Acquisition fees 1,117,555 - - - 1,117,555 Capacity fees 1,563,864 1,238,590 242,283 - 3,044,737 EPA grants 197,756 - - - 197,756 Capital contributions 981,835 1,263,673 - - 2,245,508 Total Capital Contributions 3,861,010 2,502,263 242,283 - 6,605,556 Changes in Net Position 4,929,874 2,969,337 185,165 - 8,084,376 Net Position at the Beginning of the Year 166,065,857 109,752,150 30,611,698 - 306,429,705 Net Position at the End of the Year 170,995,731$ 112,721,487$ 30,796,863$ -$ 314,514,081$ Water Utility Sewer Utility Sewer Collection Utility The notes to financial statements are an integral part of this statement. 17 13.a Packet Pg. 349 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2021 Total Cash Flows from Operating Activities: Cash received from customers 41,513,916$ 30,970,468$ 7,653,016$ 80,137,400$ Cash paid to employees for services (14,524,115) (6,188,758) (3,573,423) (24,286,296) Cash paid to suppliers for goods and services (21,450,829) (18,331,434) (4,226,489) (44,008,752) Net Cash Provided by (Used for) Operating Activities 5,538,972 6,450,276 (146,896) 11,842,352 Cash Flows from Noncapital Financing Activities: Consent decree insurance drawdowns 2,039,491 - - 2,039,491 Net Cash Provided by Noncapital Financing Activities 2,039,491 - - 2,039,491 Cash Flows from Capital and Related Financing Activities: Capital fees received 2,681,419 1,238,590 242,283 4,162,292 Proceeds from sales of capital assets 105,693 - - 105,693 Cash paid to acquire capital assets (8,002,027) (18,360,235) (1,994,152) (28,356,414) Principal paid on capital-related debt (860,000) (665,000) - (1,525,000) Interest paid on capital-related debt (2,138,105) (1,304,119) - (3,442,224) Capital grant proceeds 197,756 - - 197,756 Net Cash (Used for) Capital and Related Financing Activities (8,015,264) (19,090,764) (1,751,869) (28,857,897) Cash Flows from Investing Activities: Cash received from rental income 286,553 - - 286,553 Cash received from investment income 47,870 29,219 3,053 80,142 Cash paid to RIX joint venture operations - (146,439) - (146,439) Net Cash Provided by Investing Activities 334,423 (117,220) 3,053 220,256 Net Increase in Cash and Cash Equivalents (102,378) (12,757,708) (1,895,712) (14,755,798) Cash and Cash Equivalents, July 1 45,118,758 57,655,191 9,852,525 112,626,474 Cash and Cash Equivalents, June 30 45,016,380$ 44,897,483$ 7,956,813$ 97,870,676$ Reconciliation of Cash and Cash Equivalents to Amounts Reported on the Statement of Net Position: Cash and investments 37,101,334$ 51,290,605$ 18,730,192$ 107,122,131$ Restricted cash and investments 13,609,131 12,825,440 - 26,434,571 Less those not meeting the definition of a cash equivalent (5,694,085) (19,218,562) (10,773,379) (35,686,026) Cash and Cash Equivalents, June 30 45,016,380$ 44,897,483$ 7,956,813$ 97,870,676$ Water Utility Sewer Utility Sewer Collection Utility The notes to financial statements are an integral part of this statement. 18 13.a Packet Pg. 350 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT STATEMENT OF CASH FLOWS FOR THE YEAR ENDED JUNE 30, 2021 Total Water Utility Sewer Utility Sewer Collection Utility Reconciliation of Operating Income to Net Cash Provided by (Used for) Operating Activities: Operating income (loss)277,337$ 3,374,731$ (68,029)$ 3,584,039$ Depreciation and amortization 7,838,887 4,507,869 1,281,602 13,628,358 Adjustments to reconcile operating income (loss) to net cash provided (used) by operating activities: (Increase) decrease in accounts receivable (985,151) 591,484 (141,402) (535,069) Decrease in due from other entities 20,044 17,868 - 37,912 Decrease in inventory 226,948 - - 226,948 (Increase) in prepaid expense (199,926) (39,227) (17,167) (256,320) (Decrease) in accounts payable (755,468) (2,215,012) (198,553) (3,169,033) (Decrease) in related parties payable (1,113,820) - (1,004,425) (2,118,245) Increase (decrease) in accrued compensation (218,584) 80,620 11,253 (126,711) Increase in compensated absences 226,626 57,245 20,880 304,751 Increase in claims payable 627,848 109,008 76,532 813,388 (Decrease) in consumer deposits (279,169) - - (279,169) (Decrease) in OPEB obligation (1,112,823) (784,825) (232,096) (2,129,744) Increase in net pension liability 986,223 750,515 124,509 1,861,247 Total Adjustments (2,577,252) (1,432,324) (1,360,469) (5,370,045) Net Cash Provided by (Used for) Operating Activities 5,538,972$ 6,450,276$ (146,896)$ 11,842,352$ Non-Cash Investing, Capital, and Financing Activities: Capital contributions 981,835$ 1,263,673$ -$ 2,245,508$ Unrealized gain in fair value of investments (169,410) (427,585) (230,183) (827,178) Amortization of bond premiums 197,638 6,403 - 204,041 The notes to financial statements are an integral part of this statement. 19 13.a Packet Pg. 351 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 20 13.a Packet Pg. 352 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2021  Note 1: Reporting Entity and Summary of Significant Accounting Policies a. Organization and Operations of the Reporting Entity The San Bernardino Municipal Water Department (Department) is governed under the Charter of the City of San Bernardino (City). A Water Board appointed by the Mayor and approved by City Council, has Charter defined powers, with full authority for administration of the water utility and delegated authority for the sewer treatment utility. The Department has served the community since 1905. b. Basis of Accounting and Measurement Focus The Department reports its activities as enterprise funds, which are used to account for operations that are financed and operated in a manner similar to a private business enterprise, where the intent of the Department is that the costs (including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges. Revenues and expenses are recognized on the accrual basis. Revenues are recognized in the accounting period in which they are earned, and expenses are recognized in the period incurred, regardless of when the related cash flow takes place. Operating revenues, such as charges for services (water sales, sewer services and water services) result from exchange transactions associated with the principal activity of the Department. Exchange transactions are those in which each party receives and gives up essentially equal values. Nonoperating revenues, such as property taxes and investment income, result from nonexchange transactions or ancillary activities in which the Department gives (receives) value without directly receiving (giving) equal value in exchange. When both restricted and unrestricted resources are available for use, the Department uses restricted resources and then unrestricted resources. The major funds of the Department are described below: Water Utility Fund – The Water Utility Enterprise Fund (Water Utility) is used to account for the operations of the Department’s water system and related revenues. Sewer Utility Fund – The Sewer Utility Enterprise Fund (Sewer Utility) is used to account for the operations of the City’s wastewater treatment system and related revenues. The Sewer conveyance system is under the direction of the City’s Public Works Department. Sewer Collection Utility Fund – The Sewer Collection Enterprise Fund (Sewer Collection) is used to account for the operations of the City’s sewer collection system and related revenues. Administrative and engineering services are provided by the Water Utility to the Sewer and Sewer Collection Utilities. 21 13.a Packet Pg. 353 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 1: Reporting Entity and Summary of Significant Accounting Policies (Continued) c. Financial Reporting The Department’s basic financial statements are presented in conformance with the provisions of Governmental Accounting Standards Board (GASB) Statement No. 34, “Basic Financial Statements – and Management’s Discussion and Analysis – for State and Local Governments” (GASB No. 34). This statement established revised financial reporting requirements for state and local governments throughout the United States for the purpose of enhancing the understandability and usefulness of financial reports. GASB Statement No. 34 and its related GASB pronouncements provide for a revised view of financial information and restructure the format of financial information provided prior to its adoption. A statement of net position replaces the balance sheet and reports assets, liabilities, and the difference between them as net position, not equity. A statement of revenues, expenses and changes in net position replaces both the income statement and the statement of changes in retained earnings and contributed capital. GASB Statement No. 34 also requires that the statement of cash flows be prepared using the direct method. Under the direct method, cash flows from operating activities are presented by major categories. d. Assets, Liabilities and Net Position 1. Use of Estimates The preparation of the basic financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, and disclosures of contingent assets and liabilities at the date of the financial statements, and the reported changes in net position during the reporting period. Actual results could differ from those estimates. 2. Cash and Investments For the purpose of the statement of cash flows, cash and cash equivalents include highly liquid investments (including restricted assets) with a maturity of three months or less when purchased. Investments are reported in the accompanying balance sheet at fair value, except for certain certificates of deposit and investment contracts that are reported at cost as they are not transferable and have terms that are not affected by changes in market interest rates. Changes in fair value that occur during a fiscal year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value and any gains or losses realized upon the liquidation of investments. Fair Value Measurements Certain assets and liabilities are required to be reported at fair value. The fair value framework provides a hierarchy that prioritizes the inputs to valuation techniques used to measure fair value. The hierarchy gives the highest priority to unadjusted quoted prices in active markets for identical assets or liabilities (Level 1 measurements) and the lowest priority to unobservable inputs 22 13.a Packet Pg. 354 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 1: Reporting Entity and Summary of Significant Accounting Policies (Continued) (Level 3 measurements). The three levels of fair value hierarchy are described as follows: Level 1 - Inputs to the valuation methodology are unadjusted quoted prices for identical assets or liabilities in active markets. Level 2 - Inputs other than quoted prices included within Level 1 that are observable for the asset or liability, either directly or indirectly and fair value is determined through the use of models or other valuation methodologies including:  Quoted prices for similar assets or liabilities in active markets;  Quoted prices for identical or similar assets or liabilities in markets that are inactive;  Inputs other than quoted prices that are observable for the asset or liability;  Inputs that are derived principally from or corroborated by observable market data by correlation or other means. Level 3 - Inputs to the valuation methodology are unobservable and significant to the fair value measurement. These unobservable inputs reflect the Department’s own assumptions about the inputs market participants would use in pricing the asset or liability (including assumptions about risk). These unobservable inputs are developed based on the best information available in the circumstances and may include the Department’s own data. 3. Accounts Receivable Customer or trade receivables are shown net of an allowance for uncollectible accounts based on historical and management estimates. Transactions between funds that are representative of lending or borrowing arrangements outstanding at the end of the fiscal year are referred to as “interfund receivables / payables” or “advances to/from” other funds. All interfund transactions are eliminated for financial reporting. 4. Inventory Materials and supplies inventory consist primarily of water meters, pipe and pipefittings for construction and repair to the Department’s water transmission and distribution system and items necessary for maintenance at the sewer treatment facilities. Inventory is valued at cost using a weighted average method. Inventory items are charged to expense at the time that individual items are withdrawn from inventory or consumed. Water inventory is stated at its purchase cost using the first in, first out method. Inventory is recorded when purchased and expensed at the time the inventory is consumed. 5. Prepaid Expense and Deposit Certain payments to vendors reflect costs or deposits applicable to future accounting periods and are recorded as prepaid items in the basic financial statements. 23 13.a Packet Pg. 355 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 1: Reporting Entity and Summary of Significant Accounting Policies (Continued) 6. Capital Assets Capital assets acquired or constructed are capitalized at historic cost. Department policy has set the capitalization threshold for reporting capital assets at $5,000 and a life expectancy of at least 3 years. Overhead is capitalized at the rate of 28.9% of labor and benefits, 10% of material and supplies and 2% of significant contracts. Depreciation is recorded on a straight-line basis over the estimated useful lives of the assets as follows: Source of supply plant 8 to 50 years Disposal plant and interceptor lines 35 to 50 years Other facilities (shops, leasehold & yards) 5 to 25 years Tools, office equipment & communications 4 to 20 years Computer equipment 3 to 5 years Automotive and fleet equipment 3 to 15 years 7. Compensated Absences Department policy is to permit employees to accumulate a limited amount of earned vacation and sick leave. Various negotiation groups have different sell-back and cash out options. Additionally, cash out options upon retirement or death of the employee vary based on the negotiation group. Employees’ vacation and sick leave benefits are recognized as a liability of the Department. 8. Restricted Assets and Amounts Payable from Restricted Assets Amounts shown as restricted assets have been restricted by bond indentures or are to be used for specified purposes based on contract provisions, such as bonded debt service. Certain liabilities which are currently payable have been classified as current liabilities payable from restricted assets since assets have been restricted for their payment. 9. Pensions For purposes of measuring the net pension liability, deferred outflows of resources and deferred inflows of resources related to pensions, and pension expense, information about the fiduciary net position and additions to/deductions from the fiduciary net position have been determined on the same basis as they are reported by the Department. For this purpose, benefit payments (including refunds of employee contributions) are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. GASB 68 requires that the reported results must pertain to liability and asset information within certain defined timeframes. For this report, the following timeframes are used: Valuation Date (VD) June 30, 2019 Measurement Date (MD) June 30, 2020 Measurement Period (MP) June 30, 2019 to June 30, 2020 24 13.a Packet Pg. 356 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 1: Reporting Entity and Summary of Significant Accounting Policies (Continued) 10. Other Post-Employment Benefits (OPEB) For purposes of measuring the net OPEB liability, deferred outflows of resources and deferred inflows of resources related to OPEB, and OPEB expense, information about the fiduciary net position of the Department’s plan (OPEB Plan), the assets of which are held by US Bank in an irrevocable trust, and additions to/deductions from the OPEB Plan’s fiduciary net position have been determined by an independent actuary. For this purpose, benefit payments are recognized when currently due and payable in accordance with the benefit terms. Investments are reported at fair value. Generally accepted accounting principles require that the reported results must pertain to liability and fiduciary net position information within certain defined timeframes. For this report, the following timeframes are used: Valuation Date June 30, 2020 Measurement Date June 30, 2020 Measurement Period July 1, 2019 to June 30, 2020 11. Deferred Outflows/Inflows In addition to assets, the Statement of Net Position will sometimes report a separate section of deferred outflows of resources. This separate financial statement element, deferred outflows of resources, represents consumption of net position that applies to a future period and so will not be recognized as an outflow of resources (expenses/expenditures) until then. The Department has two items that qualify for reporting in this category: the deferred outflows related to pensions and OPEB. In addition to liabilities, the statement of financial position will sometimes report a separate section for deferred inflows of resources. This separate financial statement element, deferred inflows of resources, represents an acquisition of net position that applies to a future period and will not be recognized as inflow of resources (revenue) until that time. The Department has two items that qualify for reporting in this category, deferred inflows related to pensions and OPEB. 12. Interfund Eliminations The interfund eliminations column represents entries made to eliminate interfund income and expenditure transactions between the water utility fund and the sewer utility fund for the purposes of consolidated financial statements. 13. Net Position The financial statements utilize a net position presentation. Net position is categorized as follows:  Net Investment in Capital Assets – This component of net position consists of capital assets, net of accumulated depreciation and reduced by any debt outstanding against the acquisition, construction or improvement of those assets.  Restricted Net Position – This component of net position consists of constraints placed on net position use through external constraints imposed 25 13.a Packet Pg. 357 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 1: Reporting Entity and Summary of Significant Accounting Policies (Continued) by creditors, grantors, contributors, or laws or regulations of other governments or constraints imposed by law through constitutional provisions or enabling legislation.  Unrestricted Net Position – This component of net position consists of net position that does not meet the definition of restricted or net investment in capital assets. 14. Capital Contributions Contributions in aid of construction represent cash and utility plant additions contributed to the Department by property owners or developers desiring services that require capital expenditures or capacity commitment. In accordance with Governmental Accounting Standards Board Statement No. 33, the capital contributions are recorded on the Statement of Revenues, Expenses and Changes in Net position. 15. Budgetary Policies The Department adopts an annual budget for planning, control, and evaluation purposes. Budgetary control and evaluation are affected by comparisons of actual revenues and expenses with planned revenues and expenses for the period. Encumbrance accounting is not used to account for commitments related to outstanding contracts for construction and services. Note 2: City of San Bernardino Bankruptcy Without reserves and facing a $45.8 million budget deficit, in July of 2012, the City determined that it was no longer able to meet its contractual obligations and declared a fiscal emergency. On August 1, 2012, the City filed a petition under Chapter 9 of the United States Bankruptcy Code in Riverside seeking to adjust its debts. The City has since proposed a Chapter 9 plan of adjustment, and that plan of adjustment was confirmed on February 7, 2017. The City’s plan of adjustment became effective on June 15, 2017. No revenues of the Department were used to pay general claims during the pendency of the City’s bankruptcy case or pursuant to its confirmed plan. In addition, no general claims of the City were successfully asserted against the Department or its revenues during the pendency of the City’s bankruptcy case. The plan of adjustment does not impair or affect the revenues of the Department. The Department continues to hold its revenues in segregated accounts and uses them only for the purposes provided for under state law and the City Charter. Note 3: Cash and Investments Cash and investments are reported in the accompanying statement of net position as follows: Water Utility Sewer Utility Sewer Collection Utility Total Cash and investments 37,101,334$ 51,290,605$ 18,730,192$ 107,122,131$ Restricted investments: Restricted for Consent Decree 24,690,738 - - 24,690,738 Proceed from Bond Issuance 13,609,131 12,825,440 - 26,434,571 Total Cash and Investments 75,401,203$ 64,116,045$ 18,730,192$ 158,247,440$ 26 13.a Packet Pg. 358 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 3: Cash and Investments (Continued) Cash and investments at June 30, 2021, consisted of the following: Water Utility Sewer Utility Sewer Collection Utility Total Cash on Hand 7,000$ 200$ -$ 7,200$ Deposits with Financial Institutions 12,814,561 16,288,433 2,308,253 31,411,247 Investments 24,279,773 35,001,972 4,593,676 63,875,421 Restricted investments 38,299,869 12,825,440 11,828,263 62,953,572 Total Cash and Investments 75,401,203$ 64,116,045$ 18,730,192$ 158,247,440$ a. Investments Authorized by the California Government Code and the Department’s Investment Policy The table below identifies the investment types that are authorized by the Department and Consent Decree (see note 12) in accordance with the California Government Code (or the City’s investment policy, where more restrictive). The table also identifies certain provisions of the California Government Code (or the City’s investment policy, where more restrictive) that addresses interest rate risk, credit risk, and concentration of credit risk. Due to its long-term nature, the Consent Decree has been explicitly exempted from maximum maturity requirements of the California Government Code, which limits maturity of most investments to five years. All other aspects of the Consent Decree investment policy are consistent with the City’s investment policy. Investment Type*Department Consent Decree Maximum % of Portfolio Maximum % of Portfolio US treasury 5 years 5 years None None US agency 5 years 5 years None None Bankers acceptances 180 days 180 days 40%40% Commercial paper 270 days 270 days 25%25% Negotiable CDs 5 years 5 years 30%30% Medium-term notes 5 years 5 years 30%30% Money market mutual funds N/A N/A 20%20% Mortgage pass through 5 years 5 years 20%20% Local Agency Investment Fund N/A N/A $40,000,000 $40,000,000 Guaranteed investment N/A N/A None None Maximum Maturity b. Investments Authorized by Debt Agreements Investments of debt proceeds held by bond trustee are governed by provisions of the debt agreements, rather than the general provisions of the California Government Code or the City’s investment policy. Investments authorized for funds held by bond trustee include, U.S. Treasury Obligations, U.S. Government Sponsored Enterprise Securities, the California Local Agency Investment Fund, Guaranteed Investment Contracts, Commercial Paper, Local Agency Bonds, Banker’s Acceptance and Money Market Mutual Funds. There are no limitations on the maximum amount that can be invested in one issuer, maximum percentage allowed or the maximum maturity of an investment, except for the maturity of Banker’s Acceptance which are limited to one year. 27 13.a Packet Pg. 359 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 3: Cash and Investments (Continued) c. Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in the possession of an outside party. The custodial credit risk for investments is the risk that, in the event of the failure of the counterparty to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The California Government Code requires that a financial institution secure deposits made by a state or local governmental unit by pledging securities in an undivided collateral pool held by a depository regulated under state law. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure the Department’s deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. For investment identified herein as held by bond trustee, the bond trustee selects the investment under the terms of the applicable trust agreement, acquires the investment, and holds the investment on behalf of the reporting government. d. Investment in State Investment Pool The Department is a voluntary participant in the Local Agency Investment Fund (LAIF) that is regulated by the California Government Code under the oversight of the Treasurer of the State of California. The fair value of the Department’s investment in this pool is reported in the accompanying financial statements at amounts based upon the Department’s pro-rata share of the fair value provided by LAIF for the entire LAIF portfolio (in relation to the amortized cost of that portfolio). The balance available for withdrawal is based on the accounting records maintained by LAIF, which are recorded on an amortized cost basis. LAIF is not rated by a nationally recognized statistical rating organization, but as stated previously, it is regulated by the California Government Code, and is therefore exempt from rating requirements. e. Interest Rate Risk Interest rate risk is the possibility that fluctuations in market interest rates will adversely affect the fair value of an investment. Generally, the longer the maturity of an investment, the greater the sensitivity of its fair value will be to changes in market interest rates. One method that the Department uses to manage its exposure to interest rate risk is by purchasing a combination of shorter term and longer term investments and by timing cash flows from maturities so that a portion of the portfolio matures or comes close to maturity evenly over time as necessary to provide requirements for cash flow and liquidity needed for operations. 28 13.a Packet Pg. 360 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 3: Cash and Investments (Continued) Information about the sensitivity of the fair values of the Department’s investments to market interest rate fluctuations is provided by the following table that shows the distribution of the Department’s investments by maturity date: Less than 12 13-24 25-60 More than Investment Type months months months 60 months Total U.S. Agency Securities 2,228,174$ 9,012,881$ 6,917,559$ -$ 18,158,614$ U.S. Treasuries 2,145,707 6,668,216 8,110,776 - 16,924,699 Medium Term Corporate Notes 760,449 1,837,348 - - 2,597,797 Non - U.S. Government and Supranational Bonds - - 1,906,506 - 1,906,506 Asset Backed Securities 8,267 150,707 1,575,668 - 1,734,642 Money Market Funds 321,834 - - - 321,834 Local Agency Investment Fund 34,059,592 - - - 34,059,592 Consent Decree: U.S. Treasuries - 2,412,055 7,775,305 956,414 11,143,774 U.S. Agency Asset Backed Securities 6,063 - - 491,847 497,910 U.S. Agency Collateralized Mortgage Obligations - - 170,232 303,128 473,360 U.S. Agency Securities - - 3,880,327 1,159,308 5,039,635 Commercial Paper 499,949 - - - 499,949 Corporate Notes - 204,185 1,086,887 946,193 2,237,265 Certificates of Deposit 456,057 887,024 - - 1,343,081 Asset Backed Securities - 54,175 1,715,918 1,391,384 3,161,477 Money Market Funds 294,287 - - - 294,287 Investments with Fiscal Agent: Money Market Funds 26,434,571 - - - 26,434,571 Total Investments 67,214,950$ 21,226,591$ 33,139,178$ 5,248,274$ 126,828,993$ Maturities 29 13.a Packet Pg. 361 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 3: Cash and Investments (Continued) f. Credit Risk Generally, credit risk is the possibility that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. Presented below is the minimum rating required by (where applicable) the California Government Code, the Department’s investment policy, or debt agreements, and the actual rating as of year-end for each investment type. Minimum Investment Type Rating Rating Total U.S. Agency Securities None AA+ 18,158,614$ U.S. Treasuries Exempt Exempt 16,924,699 Medium Term Corporate Notes AA- AAA 2,597,797 Non - U.S. Government and Supranational Bonds AA AAA 1,906,506 Asset Backed Securities AA- AAA 1,734,642 Money Market Funds AA+ AAA 321,834 Local Agency Investment Fund Not Rated Not Rated 34,059,592 Consent Decree: U.S. Treasuries No Limit Exempt 11,143,774 U.S. Agency Asset Backed Securities No Limit AA+ 497,910 U.S. Agency Collateralized Mortgage Obligations AA AA+ 473,360 U.S. Agency Securities No Limit AA+ 5,039,635 Commercial Paper A-1 A-1 499,949 Corporate Notes A AA- 2,237,265 Certificates of Deposit A A+ 1,343,081 Asset Backed Securities AA AAA 3,161,477 Money Market Funds AA+ AA+ 294,287 Investments with Fiscal Agent: Money Market Funds AA+ AA+ 26,434,571 Total Investments 126,828,993$ g. Fair Value Measurement The Department categorizes its fair value investments within the fair value hierarchy established by generally accepted accounting principles. The Department has the following recurring fair value measurements as of June 30, 2021: Investment Type Level 1 Level 2 Total U.S. Agency Securities -$ 18,158,614$ 18,158,614$ U.S. Treasuries - 16,924,699 16,924,699 Medium Term Corporate Notes - 2,597,797 2,597,797 Non - U.S. Government and Supranational Bonds - 1,906,506 1,906,506 Asset Backed Securities - 1,734,642 1,734,642 Consent Decree: U.S. Treasuries 11,143,774 - 11,143,774 U.S. Agency Asset Backed Securities - 497,910 497,910 U.S. Agency Collateralized Mortgage Obligations - 473,360 473,360 U.S. Agency Securities - 5,039,635 5,039,635 Commercial Paper - 499,949 499,949 Corporate Notes - 2,237,265 2,237,265 Asset Backed Securities - 3,161,477 3,161,477 Subtotal - Investments Subject to Fair Value 11,143,774$ 53,231,854$ 64,375,628 Investments Not Subject to Fair Value 62,453,365 Total Investments 126,828,993$ Fair Value Hierarchy 30 13.a Packet Pg. 362 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 4: Capital Assets a. Water Utility Fund Capital asset activity for the water utility for the fiscal year ended June 30, 2021: Balance July 1, 2020 Additions Deletions/ Transfers Balance June 30, 2021 Non-depreciable assets: Land and easements 5,610,559$ -$ -$ 5,610,559$ Construction in progress 10,927,775 8,496,203 (9,615,586) 9,808,392 Total non-depreciable assets 16,538,334 8,496,203 (9,615,586) 15,418,951 Depreciable assets: Water rights, wells and pumping 101,989,289 - - 101,989,289 Distribution system 159,891,784 105,446 - 159,997,230 Buildings, plants, and stores 6,716,160 827,055 - 7,543,215 Field and office equipment 34,141,096 9,170,744 (281,407) 43,030,433 Total depreciable assets 302,738,329 10,103,245 (281,407) 312,560,167 Less: accumulated depreciation Water rights, wells and pumping (44,636,037) (2,168,842) - (46,804,879) Distribution system (53,112,373) (3,229,760) - (56,342,133) Buildings, plants, and stores (2,644,292) (186,008) - (2,830,300) Field and office equipment (15,085,306) (2,254,277) 259,396 (17,080,187) Total accumulated depreciation (115,478,008) (7,838,887) 259,396 (123,057,499) Total depreciable assets, net 187,260,321 2,264,358 (22,011) 189,502,668 Total capital assets, net 203,798,655$ 10,760,561$ (9,637,597)$ 204,921,619$ b. Sewer Utility Fund Capital asset activity for the sewer utility for the fiscal year ended June 30, 2021: Balance July 1, 2020 Additions Deletions/ Transfers Balance June 30, 2021 Non-depreciable assets: Land and easements 17,603,413$ -$ -$ 17,603,413$ Construction in progress 8,067,423 19,557,035 (1,600,158) 26,024,300 Total non-depreciable assets 25,670,836 19,557,035 (1,600,158) 43,627,713 Depreciable assets: Pumping 4,750,002 - - 4,750,002 Buildings, plants, and stores 143,371,367 - - 143,371,367 Field and office equipment 8,875,431 1,667,031 - 10,542,462 Total depreciable assets 156,996,800 1,667,031 - 158,663,831 Less: accumulated depreciation Pumping (3,398,514) (376,468) - (3,774,982) Buildings, plants, and stores (104,998,844) (3,374,076) - (108,372,920) Field and office equipment (5,453,470) (757,325) - (6,210,795) Total accumulated depreciation (113,850,828) (4,507,869) - (118,358,697) Total depreciable assets, net 43,145,972 (2,840,838) - 40,305,134 Total capital assets, net 68,816,808$ 16,716,197$ (1,600,158)$ 83,932,847$ 31 13.a Packet Pg. 363 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 4: Capital Assets (Continued) c. Sewer Collection Utility Fund Capital asset activity for the sewer collection utility for the fiscal year ended June 30, 2021: Balance July 1, 2020 Additions Deletions/ Transfers Balance June 30, 2021 Non-depreciable assets: Construction in progress 1,675,564$ 1,442,446$ (1,434,237)$ 1,683,773$ Total non-depreciable assets 1,675,564 1,442,446 (1,434,237) 1,683,773 Depreciable assets: Buildings, plants, store yards 17,251,604 - - 17,251,604 Field and office equipment 5,393,053 1,985,943 - 7,378,996 Sewer Pipelines 19,112,387 - - 19,112,387 Total depreciable assets 41,757,044 1,985,943 - 43,742,987 Less: accumulated depreciation Buildings, plants, store yards (12,847,549) (492,098) - (13,339,647) Field and office equipment (2,363,708) (419,675) - (2,783,383) Sewer Pipelines (8,849,626) (369,829) - (9,219,455) Total accumulated depreciation (24,060,883) (1,281,602) - (25,342,485) Total depreciable assets, net 17,696,161 704,341 - 18,400,502 Total capital assets, net 19,371,725$ 2,146,787$ (1,434,237)$ 20,084,275$ Note 5: Long-term Liabilities a. Water Utility Fund Changes in long-term liabilities in the water utility fund for the year ended June 30, 2021, are as follows: Balance July 1, 2020 Additions Reductions Balance June 30, 2021 Current Portion Long-term Portion Bonds Payable: 2016 Water Revenue Bond 45,830,000$ -$ (860,000)$ 44,970,000$ 900,000$ 44,070,000$ Bond Premium 5,204,471 - (197,638) 5,006,833 197,638 4,809,195 Total 51,034,471$ -$ (1,057,638)$ 49,976,833$ 1,097,638$ 48,879,195$ 1. 2016 Water Revenue Bonds On November 3, 2016, the water utility issued $48,225,000 Water Revenue Bonds to finance the acquisition and construction of certain water system capital improvements and to refund outstanding obligations. The Water Revenue Bonds have interest rates ranging from 3% to 5% with maturities through August 2036. The bonds are secured by revenues pledged for the payment of debt service. In addition, a provision that in the event of default, the bond trustee may take whatever action, at law or in equity, as may appear necessary or desirable to collect the payments of the debt. 32 13.a Packet Pg. 364 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 5: Long-term Liabilities (Continued) Debt service requirements on the 2016 Water Revenue Bond are as follows: Year Ending June 30 Principal Interest Total 2022 900,000$ 2,090,388$ 2,990,388$ 2023 950,000 2,044,138 2,994,138 2024 995,000 1,995,513 2,990,513 2025 1,050,000 1,944,388 2,994,388 2026 1,100,000 1,890,638 2,990,638 2027-31 6,400,000 8,560,187 14,960,187 2032-36 7,915,000 7,041,494 14,956,494 2037-41 9,990,000 4,964,124 14,954,124 2042-46 12,745,000 2,209,249 14,954,249 2047 2,925,000 67,687 2,992,687 Total 44,970,000$ 32,807,806$ 77,777,806$ 2. Debt Service Coverage The Water Utility Fund is required to maintain net revenues adequate to cover 110% of annual debt service. Net Revenues means the Revenues for the Fiscal Year less Operation and Maintenance Costs for such Fiscal Year. Debt ser vice coverage for the Water Utility Fund for the year ended June 30, 2021, was as follows: Gross revenue 42,758,192$ Operating expenses 42,480,855 Less: depreciation expense (7,838,887) Net operating expenses 34,641,968 Non-operating income, less gain on disposal 2,633,978 Net revenues 10,750,202$ Annual debt service 2,990,088$ Actual coverage ratio 3.60 33 13.a Packet Pg. 365 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 5: Long-term Liabilities (Continued) b. Sewer Utility Fund Changes in long-term liabilities in the sewer utility fund for the year ended June 30, 2020, are as follows: Balance July 1, 2020 Additions Reductions Balance June 30, 2021 Current Portion Long-term Portion Bonds Payable: 2016 Sewer Revenue Bond 32,610,000$ -$ (665,000)$ 31,945,000$ 700,000$ 31,245,000$ Bond Premium 169,150 - (6,403) 162,747 6,404 156,343 Total 32,779,150$ -$ (671,403)$ 32,107,747$ 706,404$ 31,401,343$ 1. 2016 Sewer Revenue Bonds On December 8, 2016, the sewer utility issued $34,445,000 of Sewer Treatment Revenue Bonds to finance the acquisition and construction of additional capital improvements to the sewer utility. The Sewer Treatment Revenue Bonds have interest rates ranging from 3% to 5% with maturities through August 2033. The bonds are secured by revenues pledged for the payment of debt service. In addition, a provision that in the event of default, the bond trustee may take whatever action, at law or in equity, as may appear necessary or desirable to collect the payments of the debt. Debt service requirements on the 2016 Sewer Revenue Bond are as follows: Year Ending June 30 Principal Interest Total 2022 700,000$ 1,267,775$ 1,967,775$ 2023 735,000 1,231,900 1,966,900 2024 770,000 1,194,275 1,964,275 2025 810,000 1,154,775 1,964,775 2026 855,000 1,113,150 1,968,150 2027-31 4,820,000 5,015,538 9,835,538 2032-36 5,755,000 4,077,700 9,832,700 2037-41 7,005,000 2,821,900 9,826,900 2042-46 8,565,000 1,269,500 9,834,500 2047 1,930,000 38,600 1,968,600 Total 31,945,000$ 19,185,113$ 51,130,113$ 34 13.a Packet Pg. 366 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 5: Long-term Liabilities (Continued) 2. Debt Service Coverage The Sewer Utility Fund is required to maintain net revenues adequate to cover 110% of annual debt service. Gross revenue is defined as Operating Revenue combined with non-operating revenue. Debt service coverage for the Sewer Utility Fund for the year ended June 30, 2021, was as follows: Gross revenue 30,361,116$ Operating expenses 26,986,385 Less: depreciation expense (4,507,869) Net operating expenses 22,478,516 Non-operating income, less gain on disposal 19,472 Net revenues 7,902,072$ Annual debt service 1,966,900$ Actual coverage ratio 4.02 Note 6: Compensated Absences Compensated absences represent the amount of the accumulated vacation, which is expected to be liquidated with future resources. The water utility fund, sewer utility fund and sewer collection fund liquidate 100 percent of the compensated absences for business-type activities. There is no fixed payment schedule for unpaid compensated absences; see Note 1 for additional information. Balance July 1, 2020 Additions Reductions Balance June 30, 2021 Current Portion Long-term Portion Water Utility Fund 1,186,693$ 1,525,397$ (1,298,771)$ 1,413,319$ 1,130,655$ 282,664$ Sewer Utility Fund 482,709 768,417 (711,172) 539,954 431,963 107,991 Sewer Collection Fund 29,220 236,853 (215,973) 50,100 40,080 10,020 Total 1,698,622$ 2,530,667$ (2,225,916)$ 2,003,373$ 1,602,698$ 400,675$ Note 7: Pension Plan The Department is considered to be part of the City of San Bernardino PERS pension plan, therefore all related information included in this note refers to the City as a whole unless specifically indicating otherwise. All qualified permanent and probationary employees are eligible to participate in the Department’s Miscellaneous Plan, an agent multiple employer defined benefit pension plan administered by the California Public Employees’ Retirement System (CalPERS), which acts as a common investment and administrative agent for its participating member employers. Benefit provisions under the Plan are established by State statute and Local Government resolution. CalPERS issues publicly available reports that include a full description of the pension plans regarding benefit provisions, assumptions and membership information that can be found on the CalPERS website. Additional disclosures and required supplementary information regarding the City’s plan can be found in the City’s audited financial statements. 35 13.a Packet Pg. 367 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 7: Pension Plan (Continued) a. Benefits provided CalPERS provides service retirement and disability benefits, annual cost of living adjustments and death benefits to plan members, who must be public employees and beneficiaries. Benefits are based on years of credited service, equal to one year of full-time employment. The Plans’ provisions and benefits in effect at the measurement date, are summarized as follows: Hire date Prior to January 1, 2013 On or after January 1, 2013 Benefit formula 2.7% @ 55 2% @ 60 Benefit vesting schedule 5 years service 5 years service Benefit payments monthly for life monthly for life Retirement age 50-55 52-67 Monthly benefits, as a % of eligible compensation 2.0% to 2.7% 1.0% to 2.5% Required employee contribution rates 10% 10% Required employer contribution rates 35% 35% Miscellaneous b. Employees Covered As of the June 30, 2020 measurement date, the following employees were covered by the benefit terms of the Plan: City-wide Department Inactive employees or beneficiaries currently receiving benefit s 1,728 197 Inactive employees entitled to but not yet receiving benefits 555 49 Active employees 394 240 Total 2,677 486 c. Contribution Description Section 20814(c) of the California Public Employees’ Retirement Law (PERL) requires that the employer contribution rates for all public employers be determined on an annual basis by the actuary and shall be effective on the July 1 following notice of a change in the rate. The total plan contributions are determined through CalPERS’ annual actuarial valuation process. The actuarially determined rate is the estimated amount necessary to finance the costs of benefits earned by employees during the year, with an additional amount to finance any unfunded accrued liability. The employer is required to contribute the difference between the actuarially determined rate and the contribution rate of employees. Employer contribution rates may change if plan contracts are amended. Payments made by the employer to satisfy contribution requirements that are identified by the pension plan terms as plan member contribution requirements are classified as plan member contributions. 36 13.a Packet Pg. 368 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 7: Pension Plan (Continued) d. Actuarial Methods and Assumptions used to determine Total Pension Liability For the measurement period ended June 30, 2020 (the measurement date), the total pension liability was determined by rolling forward the June 30, 2019 total pension liability determined in the June 30, 2019 valuation. The June 30, 2020 total pension liabilities were based on the following actuarial methods and assumptions: Actuarial Cost Method:Entry Age Normal in accordance with the requirements of GASB 68 Actuarial Assumptions: Discount Rate:7.15% Inflation:2.50% Salary Increases:Varies by Entry Age and Service Mortality Rate Table1:Derived using CalPERS' Membership Data for all Funds Post Retirement Benefit Increase: The lesser of contract COLA or 2.5% until Purchasing Power Protection Allowance Floor on purchasing power applies, 2.5% thereafter 1 The mortality table used was developed based on CalPERS-specific data. The table includes 15 years of mortality improvements using the Society of Actuaries Scale 90% of scale MP 2016. For more details on this table, please refer to the December 2017 experience study report (based on CalPERS demographic data from 1997 to 2015) that can be found on the CalPERS website.   All other actuarial assumptions used in the June 30, 2019 valuation were based on the results of an actuarial experience study for the period from 1997 to 2015, including updates to salary increase, mortality and retirement rates. The Experience Study report can be obtained at the CalPERS website under Forms and Publications.   e. Discount Rate The discount rate used to measure the total pension liability was 7.15 percent. To determine whether the municipal bond rate should be used in the calculation of the discount rate for each plan, CalPERS stress tested plans that would most likely result in a discount rate that would be different from the actuarially assumed discount rate. The tests revealed the assets would not run out. Therefore, the current 7.15 percent discount rate is appropriate, and the use of the municipal bond rate calculation is not deemed necessary. The long-term expected discount rate of 7.15 percent is applied to all plans in the Public Employees’ Retirement Fund (PERF). The cash flows used in the testing were developed assuming that both members and employers will make their required contributions on time and as scheduled in all future years. The stress test results are presented in a detailed report called “GASB Crossover Testing Report” that can be obtained at CalPERS website under the GASB 68 section. The long-term expected rate of return on pension plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class. In determining the long-term expected rate of return, staff took into account both short-term and long-term market return expectations as well as the expected pension fund (PERF) cash flows. Taking into account historical returns of all the Public Employees Retirement 37 13.a Packet Pg. 369 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 7: Pension Plan (Continued) Funds’ asset classes (which includes the agent plan and two cost-sharing plans or PERF A, B, and C funds), expected compound (geometric) returns were calculated over the short-term (first 10 years) and the long-term (11-60 years) using a building-block approach. Using the expected nominal returns for both short-term and long-term, the present value of benefits was calculated for each PERF fund. The expected rate of return was set by calculating the single equivalent expected return that arrived at the same present value of benefits for cash flows as the one calculated using both short-term and long-term returns. The expected rate of return was then set equal to the single equivalent rate calculated above and rounded down to the nearest one quarter of one percent. The table below reflects long-term expected real rate of return by asset class. The rate of return was calculated using the capital market assumptions applied to determine the discount rate and asset allocation. The target allocation shown was adopted by the Board effective on July 1, 2014. Asset Class Current Target Allocation Real Return Years 1 - 101 Real Return Years 11+2 Global Equity 50.00%4.80%5.98% Global Fixed Income 28.00%1.00%2.62% Inflation Sensitive 0.00%0.77%1.81% Private Equity 8.00%6.30%7.23% Real Estate 13.00%3.75%4.93% Liquidity 1.00%0.00%-0.92% 1An expected inflation of 2.0% used for this period. 2An expected inflation of 2.92% used for this period. f. Pension Plan Fiduciary Net Position The plan fiduciary net position disclosed in the GASB 68 accounting valuation report may differ from the plan assets reported in the funding actuarial valuation report due to several reasons. First, for the accounting valuations, CalPERS must keep items such as deficiency reserves, fiduciary self-insurance and OPEB expense included as assets. These amounts are excluded for rate setting purposes in the funding actuarial valuation. In addition, differences may result from early Comprehensive Annual Financial Report closing and final reconciled reserves. g. Changes in Net Pension Liability The following table shows the Department’s proportionate share of the net pension liability of the City’s plan over the measurement period: Total Pension Liability (a) Plan Fiduciary Net Position (b) Net Pension Liability (c) = (a) - (b) Balance at: 6/30/2019 (VD) 213,742,290$ 153,210,601$ 60,531,689$ Balance at: 6/30/2020 (MD) 219,048,159 154,946,582 64,101,577 Net Changes during 2019-20 5,305,869 1,735,981 3,569,888 Increase (Decrease) 38 13.a Packet Pg. 370 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 7: Pension Plan (Continued) The net pension liability of the plan is measured as of June 30, 2020, and the total pension liability for the plan used to calculate the net pension liability was determined by an actuarial valuation of June 30, 2019 rolled forward to June 30, 2020, using standard update procedures. The proportion of the net pension lability was based on a projection of the Department’s long-term share of contributions to the pension plan relative to the projected contributions of all participating employers, actuarially determined. The Department’s proportionate share of the net pension lability for the plan as of June 30, 2020 and 2021 was as follows: Miscellaneous Plan Proportion – June 30, 2020 36% Proportion – June 30, 2021 36% Change – Increase (Decrease) - h. Sensitivity of the Net Pension Liability to Changes in the Discount Rate The following presents the net pension liability of the Plan as of the Measurement Date, calculated using the discount rate of 7.15 percent, as well as what the net pension liability would be if it were calculated using a discount rate that is 1 percentage-point lower (6.15 percent) or 1 percentage-point higher (8.15 percent) than the current rate: Discount Rate - Current Discount Discount Rate + 1% (6.15%) Rate (7.15%) 1% (8.15%) Plan's Net Pension Liability -Department Allocation (36%) $91,749,183 $64,101,577 $41,243,772 i. Recognition of Gains and Losses Under GASB 68, gains and losses related to changes in total pension liability and fiduciary net position are recognized in pension expense systematically over time. The first amortized amounts are recognized in pension expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to pensions and are to be recognized in future pension expense. The amortization period differs depending on the source of the gain or loss: Difference between projected and actual earnings 5 year straight-line amortization All other amounts Straight-line amortization over the expected remaining service lives of all members that are provided with benefits (active, inactive, and retired) as of the beginning of the measurement period. The expected average remaining service lifetime (EARSL) is calculated by dividing the total future service years by the total number of plan participants (active, inactive, and retired). 39 13.a Packet Pg. 371 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 7: Pension Plan (Continued) The EARSL for the Plan for the measurement period ending June 30, 2020 is 2.1 years, which was obtained by dividing the total service years of 6,618 (the sum of remaining service lifetimes of the active employees) by 3,163 (the total number of participants: active, inactive, and retired). Note that inactive employees and retirees have remaining service lifetimes equal to 0. Also note that total future service is based on the members’ probability of decrementing due to an event other than receiving a cash refund. j. Pension Expense and Deferred Outflows and Deferred Inflows of Resources Related to Pensions For the fiscal year ended June 30, 2021, the Department recognized a pension expense of $8,353,445 for the Plan. As of June 30, 2021, the Department reports other amounts for the Plan as deferred outflow and deferred inflow of resources related to pensions as follows: Deferred Outflows of Resources Deferred Inflows of Resources Pension contributions subsequent to measurement date 6,492,199$ -$ Differences between Expected and Actual Experience 204,085 - Changes of Assumptions - - Net Difference between Projected and Actual Earnings on Pension Plan Investments 1,005,046 - Total 7,701,330$ -$ The $6,492,199 reported as deferred outflows of resources related to employer contributions subsequent to the measurement date will be recognized as a reduction of the net pension liability in the year ended June 30, 2022. That and other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized as pension expense as follows: Fiscal Year Ended June 30: Deferred Outflows/(Inflows) of Resources 2022 (552,170)$ 2023 364,320 2024 771,381 2025 625,600 Note 8: Other Post-Employment Benefits (OPEB) a. Plan Description The Department provides health benefits to all qualifying retirees and their spouses in accordance with Memorandums of Understanding under various labor agreements. The other post-employment benefits plan is a single-employer plan administered by the Department. 40 13.a Packet Pg. 372 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 8: Other Post-Employment Benefits (OPEB) (Continued) b. Employees Covered Employees are eligible for retiree health benefits if they retire from the Department on or after age 50 with at least 10, 12, or 15 years of service, depending on bargaining unit, and are eligible for a PERS pension. As of the June 30, 2020 measurement date, the following current and former employees were covered by the benefit terms under the OPEB Plan: Active employees 241 Inactive employees or beneficiaries currently receiving benefits159 Inactive employees entitled to, but not yet receiving benefits - Total 400 c. Contributions The contribution requirements of plan members and the Department are established and may be amended by the Board. The required contribution is based on projected pay-as-you-go financing requirements, with an additional amount to prefund benefits as may be determined annually by the Board. The Department has established an irrevocable trust to which pre-funding contributions are made. For the fiscal year ended June 30, 2021, the Department’s cash contributions were $2,234,270, and the amount of contributions in the form of an implied subsidy were $503,000. d. Net OPEB Liability The Department’s net OPEB liability was measured as of June 30, 2020, and the total OPEB liability used to calculate the net OPEB liability was determined by an actuarial valuation dated June 30, 2019 that was rolled forward to determine the June 30, 2020, total OPEB liability, based on the following actuarial methods and assumptions: Actuarial Cost Method: Entry Age Normal Actuarial Assumptions: Discount Rate 6.25% Inflation 2.75% Mortality Rate(1) CalPERS 1997-2015 Experience Study Non-Medicare - 7.0% for 2022, decreasing to an ultimate rate of 4.0% in 2076. Medicare - 6.1% for 2022, decreasing to an ultimate rate of 4.0% in 2076. Healthcare Trend Rate The long-term expected rate of return on OPEB plan investments was determined using a building-block method in which expected future real rates of return (expected returns, net of OPEB plan investment expense and inflation) are developed for each major asset class. These ranges are combined to produce the long-term expected rate of return by weighting the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. 41 13.a Packet Pg. 373 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 8: Other Post-Employment Benefits (OPEB) (Continued) The target allocation and best estimates of arithmetic real rates of return for each major asset class are summarized in the following table: Asset Class Target Allocation Expected Real Rate of Return Fixed income 40% 1.47% Global Equity 60% 4.82% Assumed long-term rate of inflation - 2.75% Expected long-term net rate of return - 6.25% Total 100% e. Discount Rate The discount rate used to measure the total OPEB liability was 6.25 percent. The projection of cash flows used to determine the discount rate assumed that Department’s contributions will be made at rates equal to the actuarially determined contribution rates. Based on those assumptions, the OPEB plan’s fiduciary net position was projected to be available to make all projected OPEB payments for current active and inactive employees and beneficiaries. Therefore, the long-term expected rate of return on OPEB plan investments was applied to all periods of projected benefit payments to determine the total OPEB liability. f. Changes in the Net OPEB Liability The changes in the net OPEB liability are as follows (in thousands): Total OPEB Fiduciary Net Net OPEB Liability Position Liability Balance at 6/30/20 41,907,103$ 28,349,302$ 13,557,801$ (6/30/19 measurement date) Changes for the year Service cost 1,352,161 - 1,352,161 Interest 2,651,878 - 2,651,878 Changes of benefit terms - - - Actual vs. expected experience (6,747,960) - (6,747,960) Assumption changes (1,784,735) - (1,784,735) Contributions - employer - 2,602,421 (2,602,421) Contributions - employee - - - Net investment income - 1,564,423 (1,564,423) Benefit payments (1,658,421) (1,658,421) - Administrative expenses - (8,657) 8,657 Net Changes (6,187,077) 2,499,766 (8,686,843) Balance at 6/30/21 35,720,026$ 30,849,068$ 4,870,958$ (6/30/2020 measurement date) 42 13.a Packet Pg. 374 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 8: Other Post-Employment Benefits (OPEB) (Continued) g. Sensitivity of the Net OPEB Liability to Changes in the Discount Rate The following presents the net OPEB liability of the Department if it were calculated using a discount rate that is one percentage point lower or one percentage point higher than the current rate, for measurement period ended June 30, 2020: 1% Decrease (5.25%) Current Discount Rate 1% Increase (7.25%) Net OPEB Liability 9,941,973$ 4,870,958$ 719,431$ h. Sensitivity of the Net OPEB Liability to Changes in the Health Care Cost Trend Rates The following presents the net OPEB liability of the Department if it were calculated using health care cost trend rates that are one percentage point lower or one percentage point higher than the current rate, for measurement period ended June 30, 2020: 1% Decrease 6.0% Pre- Medicare 5.1% Medicare Current Healthcare Cost Trend Rates 7.0% Pre- Medicare 6.1% Medicare 1% Increase 8.0% Pre-Medicare 7.1% Medicare Net OPEB Liability 476,632$ 4,870,958$ 10,296,610$ i. Recognition of Deferred Outflows and Deferred Inflows of Resources Gains and losses related to changes in total OPEB liability and fiduciary net position are recognized in OPEB expense systematically over time. Amounts are first recognized in OPEB expense for the year the gain or loss occurs. The remaining amounts are categorized as deferred outflows and deferred inflows of resources related to OPEB and are to be recognized in future OPEB expense. The recognition period differs depending on the source of the gain or loss. The net difference between projected and actual earnings on OPEB plan investments are amortized over 5 years, while all other deferred outflows and inflows are amortized over the average expected remaining service life of plan participants. For the June 30, 2020 measurement date, the average expected remaining service life is 7.0 years. j. OPEB Expense and Deferred Outflows/Inflows of Resources Related to OPEB For the fiscal year ended June 30, 2021, the Department recognized OPEB expense of $607,321. As of fiscal year-ended June 30, 2021, the Department reported deferred outflows of resources related to OPEB from the following sources: Deferred Outflows of Resources Deferred Inflows of Resources OPEB contributions subsequent to measurement date 2,737,270$ -$ Differences between expected and actual experience 278,286 5,797,543 Changes in assumptions - 2,099,341 Net difference between projected and actual earnings on OPEB plan investments - 434,575 Total 3,015,556$ 8,331,459$ 43 13.a Packet Pg. 375 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 8: Other Post-Employment Benefits (OPEB) (Continued) The $2,737,270 reported as deferred outflows of resources related to contributions subsequent to the June 30, 2020, measurement date will be recognized as a reduction of the net OPEB liability during the fiscal year ending June 30, 2022. Other amounts reported as deferred outflows of resources related to OPEB will be recognized as expense as follows: Fiscal Year Ended June 30: Deferred Outflows/(Inflows) of Resources 2022 (1,607,472)$ 2023 (1,408,473) 2024 (1,324,693) 2025 (1,188,779) 2026 (1,201,788) Thereafter (1,321,968) Note 9: Joint Ventures a. Colton/San Bernardino Regional Tertiary Treatment and Water Reclamation Authority On August 2, 1994, the City of San Bernardino, through the Department formed a joint powers authority with the City of Colton to construct, operate, use and maintain tertiary wastewater treatment, disposal and water reclamations systems, including the Regional Rapid Infiltration and Extraction Facility (RIX). This authority is governed by a separate board consisting of four members; two appointed by the City of San Bernardino through the Department’s BOWC and two appointed by the City Council of the City of Colton. Construction of RIX was administered by the Santa Ana Watershed Project Authority and was substantially completed during 1996. Administration and operation was turned over at that time. The cities of San Bernardino and Colton each have a measurable equity interest in the net position of RIX in proportion to its contributions, which are based on an 80% / 20% split, respectively. Substantially all of the assets of RIX are in the form of capital assets. Annual revenues (in the form of contributions from the two member cities) are equal to annual expenses. The Department's equity interest in this joint venture has been reported as an investment in joint venture in the accompanying statement of net position. Below are the most currently available condensed audited financial statements of RIX as of June 30, 2021. The RIX complete financial statements may be obtained at City of San Bernardino Municipal Water Department at 1350 South E. Street, San Bernardino, California 92418. Total Assets 29,237,574$ Liabilities 907,889 Net Position 28,329,685$ Revenues 3,956,739$ Expenses 5,776,588 Change in Net Position (1,819,849) Net Position - Beginning of Year 30,149,534 Net Position - End of Year 28,329,685$ 44 13.a Packet Pg. 376 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 9: Joint Ventures (Continued) b. West End Water Development, Treatment and Conservation Joint Powers Authority On August 15, 1990, the City of San Bernardino joined the West End Water Development, Treatment and Conservation Joint Powers Authority (WEJPA) as a financing vehicle for construction of water facilities. A three-member board consisting of one representative from each agency’s governing body governs the WEJPA. This joint venture was formed to provide a financing vehicle for the three member agencies. This joint venture is currently inactive. Note 10: Commitments and Contingencies a. Risk Management Risk management activities are recorded in all utility funds. Significant losses are covered by insurance for all major events except workers’ compensation, for which the Department retains risk of loss in conjunction with the City of San Bernardino’s risk management program for workers compensation. Settlement amounts have not exceeded insurance coverage for the current year or the prior three years. Insurance coverage has been increased over the past several years. The Department records an estimated liability for workers’ compensation. Claims liabilities are based on estimates of the ultimate cost of reported claims and an estimate for claims incurred but not reported based upon historical experience. Workers’ compensation claims liability is not discounted. The following are the changes in approximate aggregate liabilities for the year ended June 30, 2020 and June 30, 2021. During the past three fiscal (claims) years, the Department had no settlements or judgments that exceeded pooled or insured coverage. There were also no significant reductions in pooled or insured liability coverage in fiscal year 2021. Claims Liabilities Water Utility Sewer Utility Sewer Collection Total Balance, June 30, 2019 1,883,552$ 666,160$ 140,220$ 2,689,932$ Claims and changes in estimates (730,524) (125,234) (55,783) (911,541) Balance, June 30, 2020 1,153,028 540,926 84,437 1,778,391 Claims and changes in estimates 627,848 109,008 76,532 813,388 Balance, June 30, 2021 1,780,876$ 649,934$ 160,969$ 2,591,779$ b. Litigation In the ordinary course of operations, the Department is subject to claims and litigation from outside parties. After consultation with legal counsel, the Department believes the ultimate outcome of such matters, if any, will not materially affect its financial condition. 45 13.a Packet Pg. 377 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS (CONTINUED) FOR THE YEAR ENDED JUNE 30, 2021  Note 10: Commitments and Contingencies (Continued) c. Construction Commitments The following schedule summarizes the major contractual commitments as of June 30, 2021: Project Name Contract Amount Expenses to date as of June 30, 2021 Remaining Commitments SBMWD Water Facilities Relocation 1,133,614$ 888,570$ 245,044$ Resultant Projects Construction Project 14,930,000 13,228,152 1,701,848 Digester B Project 2,441,242 387,688 2,053,554 WRP Electrical Infrastructure Improvement Project 3,049,450 1,422,472 1,626,978 Note 11: Federal and State Grants Grant funds received by the Department are subject to audit by the grantor agencies. Such audit could lead to requests for reimbursements to the grantor agencies for expenditures disallowed under terms of the grant. Management of the Department believes that such disallowances, if any, would not be significant. The Department produces a Single Audit that details the use of grant and Consent Decree funds (see note 12 for information on the Consent Decree). Note 12: Consent Decree In 1996, the City of San Bernardino filed a complaint against the United States of America, Department of the Army to recover damages, response costs and other available remedies relating to contamination alleged to have originated at a World War II army installation known as Camp Ono. In March 2005, the United States District Court, Central Division entered judgment, in the form of a consent decree, in the matter of City of San Bernardino v. United States of America. The Consent Decree settles the City’s and the State’s claims arising from the groundwater contamination allegedly caused by the Army. The Consent Decree contains a number of provisions obligating the City (through the Department) to operate and maintain the Newmark Groundwater Superfund Site (Site). The Site consists of two operable units, the Newmark Operable Unit and the Muscoy Operable Unit. The Newmark Operable Unit was declared operational and functional in 1998. The Muscoy Operable unit was declared operational and functional in 2007. The Consent Decree provided for a payment of $69 million from the Army to the City for performance of the work outlined in the Consent Decree. Upon acceptance of the Consent Decree, the Department received title to all facilities constructed by the United States Environmental Protection Agency (EPA) of the Site and agreed to operate and maintain the groundwater extraction and treatment system for a period of 50 years. The $69 million payment consisted of $59 million for operations and maintenance and $10 million for the construction of certain capital facilities that would be required in the future; the funds are subject to strict limitations, contained in the Consent Decree, as to how the money may be spent. Pursuant to the Consent Decree, $10 million, including interest earned, has been set aside to be used only for (i) funding construction of treatment and directly related transmission systems that expand the Department’s capacity to deliver potable water and (ii) funding work performed by the Department to complete construction of the Muscoy Operable Unit extraction system. These capital facility funds may not be used for costs incurred to operate, maintain, repair or retrofit components of the site extraction of treatment systems constructed by EPA. 46 13.a Packet Pg. 378 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO BASIC FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 2021  Note 12: Consent Decree (Continued) In March 2006, the Department entered into a Guaranteed Investment Contract with AIG Match Funding Corporation. The Department invested $16,482,039 of excess Consent Decree funds into an interest-bearing Escrow Fund investment with an interest rate of 4.95% per annum. These funds were invested to pay costs associated with the water facilities defined in the Consent Decree for years 2035-2056. An additional $50 million was used to purchase a blended insurance policy to provide a financial vehicle that provides cost gap coverage for the first 30 years of expenses. The terms of the Guaranteed Investment Contract only provided the Department with the position of a secured creditor with respect to an AIG bankruptcy. As concerns arose regarding AIG’s financial credibility, in October 2009, the Department negotiated and accepted a “payout” in the amount of $18,661,876 which represented the principal and accrued interest as of that date. These funds are currently invested in a diversified portfolio managed by PFM Asset Management and present in more detail in Note 3. 47 13.a Packet Pg. 379 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 48 13.a Packet Pg. 380 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 5(48,5('6833/(0(17$5<,1)250$7,21 49 13.a Packet Pg. 381 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF PROPORTIONATE SHARE OF THE NET PENSION LIABILITY AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1) 2021 2020 2019 2018 Measurement Date 6/30/2020 6/30/2019 6/30/2018 6/30/2017 Proportion of the Net Pension Liability 36% 36% 36% 36% Proportionate Share of the Net Pension Liability 64,101,577$ 60,531,689$ 56,856,346$ 58,595,075$ Covered Payroll 18,770,894$ 17,169,126$ 15,357,635$ 14,876,739$ Proportionate Share of the Net Pension Liability as Percentage of Covered Payroll 341%353%370%394% Plan Fiduciary Net Position as a Percentage of the Total Pension Liability 71%72%72%71% Notes to Schedule of Proportionate Share of the Net Pension Liability Benefit Changes: The figures above include any liability impact that may have resulted from voluntary benefit changes that occurred after the June 30, 2019 valuation. However, offers of Two Years Additional Service Credit (a.k.a. Golden Handshakes) that occurred after the June 30, 2019 valuation date are not included in the figures above, unless the liability impact is deemed to be material by the plan actuary. Changes of Assumptions: None in 2019 or 2020. In 2018, demographic assumptions and inflation rate were changed in accordance to the CalPERS Experience Study and Review of Assumptions December 2017. There were no changes in the discount rate. In 2017, the discount rate was reduced from 7.65 percent to 7.15 percent. In 2016, there were no changes. In 2015, amounts reported reflect an adjustment of the discount rate from 7.5 percent (net of administrative expense) to 7.65 percent (without a reduction for pension plan administrative expense). In 2014, amounts reported were based on the 7.5 percent discount rate. (1)Historical information is required only for measurement for which GASB 68 is applicable. Fiscal Year 2015 was the first year of implementation, therefore only seven years are shown. 50 13.a Packet Pg. 382 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2017 2016 2015 6/30/2016 6/30/2015 6/30/2014 36%36%36% 53,652,216$ 44,917,863$ 40,932,398$ 14,177,779$ 14,087,004$ 14,017,065$ 378%319%292% 72%76%78% 51 13.a Packet Pg. 383 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF PENSION PLAN CONTRIBUTIONS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1) 2021 2020 2019 2018 Actuarially Determined Contribution 6,492,199$ 5,814,288$ 5,251,737$ 4,467,847$ Contribution in Relation to the Actuarially Determined Contribution (6,492,199) (5,814,288) (5,251,737) (4,467,847) Contribution Deficiency (Excess)-$ -$ -$ -$ Covered Payroll 20,103,974$ 18,770,894$ 17,169,126$ 15,357,635$ Contributions as a Percentage of Covered Payroll 32%31%31%29% Actuarial Cost Method:Entry Age Normal Amortization Method/Period: Asset Valuation Method: Inflation:2.500% Salary Increases:Varies by Entry Age and Service Payroll Growth:2.750% Investment Rate of Return: Retirement Age: Mortality: (1)Historical information is required only for measurement for which GASB 68 is applicable. Fiscal Year 2015 was the first year of implementation, therefore only seven years are shown. 7.0% Net of Pension Plan Investment and Administrative Expenses; includes Inflation. The probabilities of Retirement are based on the 2017 CalPERS Experience Study for the period of 1997 to 2015. Notes to Schedule of Plan Contributions: For details, see June 30, 2018 Funding Valuation Report. The actuarial methods and assumptions used to set the actuarially determined contributions for Fiscal Year 2020-21 were derived from the June 30, 2018 funding valuation report. Market Value of Assets. For details, see June 30, 2018 Funding Valuation Report. The probabilities of mortality are based on the 2017 CalPERS Experience Study for the period from 1997 to 2015. Pre-retirement and Post-retirement mortality rates include 20 years of projected mortality improvement using Scale BB published by the Society of Actuaries. 52 13.a Packet Pg. 384 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 2017 2016 2015 3,886,888$ 3,607,950$ 2,979,160$ (3,886,888) (3,607,950) (2,979,160) -$ -$ -$ 14,876,739$ 14,177,779$ 14,087,004$ 26%25%21% 53 13.a Packet Pg. 385 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF CHANGES IN THE NET OPEB LIABILITY AND RELATED RATIOS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1) 2021 2020 2019 2018 Measurement Date 6/30/2020 6/30/2019 6/30/2018 6/30/2017 Total OPEB Liability: Service cost 1,352,161$ 1,312,778$ 1,067,080$ 1,036,000$ Interest 2,651,878 2,512,269 2,449,681 2,322,000 Changes of benefit terms - - (640,849) - Actual vs. expected experience (6,747,960) - 523,834 - Assumption changes (1,784,735) - (1,065,369) - Benefit payments (1,658,421) (1,602,932) (1,554,389) (1,118,000) Net changes (6,187,077) 2,222,115 779,988 2,240,000 Total OPEB Liability (beginning of year)41,907,103 39,684,988 38,905,000 36,665,000 Total OPEB Liability (end of year) (a)35,720,026 41,907,103 39,684,988 38,905,000 Plan Fiduciary Net Position: Contributions - employer 2,602,421 2,615,932 2,673,389 2,602,000 Net investment income 1,564,423 2,036,956 1,848,262 2,204,000 Benefit payments (1,658,421) (1,602,932) (1,554,389) (1,118,000) Administrative expenses (8,657) (8,061) (7,855) (7,000) Net changes 2,499,766 3,041,895 2,959,407 3,681,000 Plan Fiduciary Net Position - beginning 28,349,302 25,307,407 22,348,000 18,667,000 Plan Fiduciary Net Position - ending (b)30,849,068 28,349,302 25,307,407 22,348,000 Net OPEB Liability/(Assets) - ending (a) - (b)4,870,958$ 13,557,801$ 14,377,581$ 16,557,000$ Plan fiduciary net position as a percentage of the total OPEB liability 86%68%64%57% Covered-employee payroll (2)19,691,462$ 17,981,957$ 16,768,495$ 19,132,000$ Net OPEB liability as a percentage of covered-employee payroll 25%75%86%87% Notes to the Schedule of Changes in the Net OPEB Liability and Related Ratios (2) Contributions are not based on employee compensation; therefore, covered-employee payroll is used. Benefit Changes: New hires after 7/1/2019 receive no Department contributions. Changes of Assumptions: Demographic assumptions were updated to CalPERS 1997-2015 Experience Study; assumed Medical Plan in retirement updated to: (1) Participation percent at retirement lowered; (2) Kaiser Medicare trend lowered; (3) Mortality improvement scale was updated to Scale MP-2020; (4) Current medical plan assumed at retirement; (5) ACA high premium excise tax removed. (1)Historical information is required only for the measurement periods for which GASB 75 is applicable. Fiscal Year 2018 was the first year of implementation. Future years' information will be displayed up to 10 years as information becomes available. 54 13.a Packet Pg. 386 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF OPEB PLAN CONTRIBUTIONS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1) 2021 2020 2019 2018 Actuarially Determined Contribution 1,652,000$ 2,728,000$ 2,760,000$ 2,592,000$ Contribution in Relation to the Actuarially Determined Contribution (2,737,270) (2,602,421) (2,615,932) (2,673,000) Contribution Deficiency (Excess)(1,085,270)$ 125,579$ 144,068$ (81,000)$ Covered-employee payroll 21,203,035$ 19,691,462$ 17,981,957$ 16,768,495$ Contributions as a percentage of 13%13%15%16% covered-employee payroll Notes to Schedule of Employer Contribution: Valuation Date:June 30, 2020 Actuarial Cost Method: Amortization Method:Level % of pay Amortization Period: Asset Valuation Method: Discount Rate:6.25% General Inflation:2.75% Medical Trend: Mortality: Mortality Improvement: 11.4-year average remaining fixed period for 2020/21. Methods and Assumptions for 2019/20 Actuarially Determined Contribution Entry Age Normal, level percentage of payroll CalPERS 1997-2015 experience study. (1)Historical information is required only for the measurement periods for which GASB 75 is applicable. Fiscal Year 2018 was the first year of implementation. Future years' information will be displayed up to 10 years as information becomes available. Non-Medicare - 7.5% for 2022, decreasing to an ultimate rate of 4.0% in 2076. Medicare (Non-Kaiser) - 6.1% for 2022, decreasing to an ultimate rate of 4.0% in 2076 Medicare (Kaiser) - 5.0% for 2022, decreasing to an ultimate rate of 4.0% in 2076. Post-retirement mortality projected fully generational with Scale MP-2020. Investment gains and losses spread over 5-year rolling period. 55 13.a Packet Pg. 387 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT REQUIRED SUPPLEMENTARY INFORMATION SCHEDULE OF OPEB PLAN INVESTMENT RETURNS AS OF JUNE 30, FOR THE LAST TEN FISCAL YEARS (1) Fiscal Year Ending June 30 Net Money-Weighted Rate of Return 2021 8.83% 2020 7.92% 2019 8.11% 2018 11.81% Notes to Schedule: (1)GASB Statement No. 75, which requires ten years of history for this schedule, was implemented during Fiscal Year 2017-18. Additional years will be added as they become available in the future. 56 13.a Packet Pg. 388 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 67$7,67,&$/6(&7,21 57 13.a Packet Pg. 389 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 58 13.a Packet Pg. 390 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the FINANCIAL TRENDS These schedules contain trend informaton to help the reader understand how the Department's financial performance and well-being have changed over time. 59 13.a Packet Pg. 391 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2012 60,756,697$ 58,971,535$ 1,785,162$ 1,974,266$ 3,055,921$ 6,815,349$ 6/30/2013 61,883,615 57,327,537 4,556,078 1,861,758 4,896,921 11,314,757 6/30/2014 62,292,428 57,965,395 4,327,033 1,375,536 7,510,777 13,213,346 6/30/2015 57,805,304 55,074,661 2,730,643 3,801,830 4,977,945 11,510,418 6/30/2016 55,376,650 53,529,824 1,846,826 2,059,111 4,271,325 8,177,262 6/30/2017 * 64,488,587 61,895,872 2,592,715 8,431,207 21,995,016 33,018,938 6/30/2018 76,620,620 68,734,958 7,885,662 (1,872,712) 4,854,784 10,867,734 6/30/2019 77,094,723 66,921,125 10,173,598 (7,553,171) 10,121,344 12,741,771 6/30/2020 78,184,698 70,778,987 7,405,711 748,213 4,604,699 12,758,623 6/30/2021 80,831,467 77,247,428 3,584,039 (2,105,219) 6,605,556 8,084,376 Source: Department's annual reports *Fiscal Years 2009-2016 contain only the Sewer Treatment and Water Utility Funds. The Sewer Collections Fund was transferred to the Department on May 1, 2017. - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSChanges in Net Position- Combined Funds Changes in Net Position 60 13.a Packet Pg. 392 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Fund Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2012 37,106,217$ 39,155,830$ (2,049,613)$ 2,436,449$ 2,384,710$ 2,771,546$ 6/30/2013 37,868,846 37,430,224 438,622 2,492,448 3,421,521 6,352,591 6/30/2014 36,671,903 36,041,616 630,287 2,504,705 6,521,601 9,656,593 6/30/2015 33,121,128 35,504,582 (2,383,454) 2,702,953 3,905,104 4,224,603 6/30/2016 30,001,871 34,834,362 (4,832,491) 2,283,230 2,812,192 262,931 6/30/2017 33,358,907 37,074,670 (3,715,763) (546,280) 2,194,093 (2,067,950) 6/30/2018 38,280,016 34,446,105 3,833,911 1,198,161 3,323,031 8,355,103 6/30/2019 39,099,960 33,995,037 5,104,923 1,829,448 2,737,031 9,671,402 6/30/2020 40,267,376 38,626,151 1,641,225 1,655,628 2,002,637 5,299,490 6/30/2021 42,758,192 42,480,855 277,337 791,527 3,861,010 4,929,874 Source: Department's annual reports (3,000) (1,000) 1,000 3,000 5,000 7,000 9,000 11,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSChanges in Net Position-Water Fund Changes in Net Position 61 13.a Packet Pg. 393 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Fund Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2012 25,888,729$ 22,053,954$ 3,834,775$ (462,183)$ 671,211$ 4,043,803$ 6/30/2013 26,414,653 22,297,197 4,117,456 (630,690) 1,475,400 4,962,166 6/30/2014 25,670,774 21,974,028 3,696,746 (1,129,169) 989,176 3,556,753 6/30/2015 24,734,425 19,620,328 5,114,097 1,098,877 1,072,841 7,285,815 6/30/2016 25,410,740 18,731,423 6,679,317 (224,119) 1,459,133 7,914,331 6/30/2017 28,612,019 24,139,878 4,472,141 (3,624,658) 1,355,494 2,202,977 6/30/2018 30,733,453 22,697,491 8,035,962 (3,275,704) 1,280,280 6,040,538 6/30/2019 30,546,181 24,866,681 5,679,500 (9,967,309) 7,092,785 2,804,976 6/30/2020 30,397,092 24,648,411 5,748,681 (1,537,179) 2,257,330 6,468,832 6/30/2021 30,361,116 26,986,385 3,374,731 (2,907,657) 2,502,263 2,969,337 Source: Department's annual reports (2,000) - 2,000 4,000 6,000 8,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSChanges in Net Position-Sewer Fund Changes in Net Position 62 13.a Packet Pg. 394 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Collection Fund Changes in Net Position Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Total Operating Expense Operating Income Total Non- Operating Income (Expense) Total Contributed Capital Changes in Net Position 6/30/2012 n/a n/a n/a n/a n/a n/a 6/30/2013 n/a n/a n/a n/a n/a n/a 6/30/2014 n/a n/a n/a n/a n/a n/a 6/30/2015 n/a n/a n/a n/a n/a n/a 6/30/2016 n/a n/a n/a n/a n/a n/a 6/30/2017 *2,891,203$ 1,054,866$ 1,836,337$ 12,602,145$ 18,445,429$ 32,883,911$ 6/30/2018 7,682,946 11,667,157 (3,984,211) 204,831 251,473 (3,527,907) 6/30/2019 7,562,097 8,172,922 (610,825) 584,690 291,528 265,393 6/30/2020 7,666,309 7,650,504 15,805 629,764 344,732 990,301 6/30/2021 7,794,418 7,862,447 (68,029) 10,911 242,283 185,165 Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. (5,000) - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSChanges in Net Position-Sewer Collection Fund Changes in Net Position 63 13.a Packet Pg. 395 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Net Position by Component Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2012 212,490,593$ 7,389,246$ 43,545,621$ 263,425,460$ 6/30/2013 200,072,942 7,799,773 69,315,171 277,187,886 6/30/2014 206,663,567 7,515,658 66,524,589 280,703,814 6/30/2015 223,053,269 7,633,049 12,510,969 243,197,287 6/30/2016 235,670,073 7,814,086 7,890,390 251,374,549 6/30/2017 *250,399,481 7,944,758 26,049,248 284,393,487 6/30/2018 248,653,963 8,363,037 23,912,311 280,929,311 6/30/2019 259,671,498 - 33,999,894 293,671,392 6/30/2020 255,270,720 - 51,158,985 306,429,705 6/30/2021 253,288,732 - 61,225,349 314,514,081 Source: Department's annual reports * Fiscal Years 2009-2016 contain only Sewer Treatment and Water Utility Funds. The Sewer Collections Fund was transferred to the Department on May 1, 2017. $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSNET POSITION BY COMPONENT COMBINED (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 64 13.a Packet Pg. 396 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Net Position by Component - Water Fund Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2012 148,063,104$ 41,320$ 13,658,195$ 161,762,619$ 6/30/2013 156,758,127 - 12,133,904 168,892,031 6/30/2014 163,797,283 - 11,728,071 175,525,354 6/30/2015 166,963,238 - (15,152,937) 151,810,301 6/30/2016 169,730,998 - (17,657,766) 152,073,232 6/30/2017 169,569,746 - (19,564,464) 150,005,282 6/30/2018 171,794,031 - (20,699,066) 151,094,965 6/30/2019 177,158,535 - (16,391,858) 160,766,677 6/30/2020 168,992,121 - (2,926,264) 166,065,857 6/30/2021 168,553,917 - 2,441,814 170,995,731 Source: Department's annual reports $(50,000) $- $50,000 $100,000 $150,000 $200,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSNET POSITION BY COMPONENT: WATER FUND (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 65 13.a Packet Pg. 397 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Net Position by Component - Sewer Fund Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2012 64,427,489$ 7,347,926$ 29,887,426$ 101,662,841$ 6/30/2013 43,314,815 7,799,733 57,181,267 108,295,815 6/30/2014 42,866,284 7,515,658 54,796,518 105,178,460 6/30/2015 56,090,031 7,633,049 27,663,906 91,386,986 6/30/2016 65,939,075 7,814,086 25,548,156 99,301,317 6/30/2017 62,633,783 7,944,758 30,925,753 101,504,294 6/30/2018 59,011,109 8,363,037 33,041,181 100,415,327 6/30/2019 63,243,033 - 40,040,285 103,283,318 6/30/2020 66,906,874 - 42,845,276 109,752,150 6/30/2021 64,650,540 - 48,070,947 112,721,487 Source: Department's annual reports $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021THOUSANDSNET POSITION BY COMPONENT: SEWER FUND (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 66 13.a Packet Pg. 398 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Net Position by Component - Sewer Collection Fund Last Ten Fiscal Years Fiscal Year Ended Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position Total Net Position 6/30/2012 n/a n/a n/a n/a 6/30/2013 n/a n/a n/a n/a 6/30/2014 n/a n/a n/a n/a 6/30/2015 n/a n/a n/a n/a 6/30/2016 n/a n/a n/a n/a 6/30/2017 *18,195,952$ n/a 14,687,959$ 32,883,911$ 6/30/2018 17,848,823 n/a 11,507,181 29,356,004 6/30/2019 19,269,930 n/a 10,351,467 29,621,397 6/30/2020 19,371,725 n/a 11,239,973 30,611,698 6/30/2021 20,084,275 n/a 10,712,588 30,796,863 Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 2012201320142015201620172018201920202021THOUSANDSNET POSITION BY COMPONENT: SEWER COLLECTION FUND (IN 1000S) Net Investment in Capital Assets Restricted Net Position Unrestricted Net Position 67 13.a Packet Pg. 399 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Fund Revenue by Type Last Ten Fiscal Years Fiscal Year Ended Water Sales Service Charges/Fees Other Services Total Operating Revenue Interest Income Rental Income Other Income Gain on asset disposition Noncapital grant funds Total Non Operating Income 6/30/2012 33,315,084$ 3,665,354$ 125,779$ 37,106,217$ 219,027$ 133,400$ 1,041,667$ -$ 1,838,223$ 3,232,317$ 6/30/2013 34,252,357$ 3,476,061 140,429 37,868,847 - 122,826 211,032 - 3,110,201 3,444,059 6/30/2014 34,777,112 1,754,614 140,176 36,671,902 93,428 160,089 478,512 4,446 2,030,066 2,766,541 6/30/2015 31,217,534 1,789,654 113,940 33,121,128 54,786 181,809 545,840 - 2,089,637 2,872,072 6/30/2016 28,293,790 1,604,472 103,609 30,001,871 63,566 134,845 495,298 - 1,696,219 2,389,928 6/30/2017 31,893,209 1,347,993 117,705 33,358,907 31,504 203,186 301,833 - 2,047,946 2,584,469 6/30/2018 36,825,634 1,350,623 103,753 38,280,010 975,144 208,925 206,645 46,356 1,776,883 3,213,953 6/30/2019 37,775,285 1,237,903 86,772 39,099,960 903,399 206,360 867,763 12,669 1,891,729 3,881,920 6/30/2020 39,162,485 1,020,818 84,073 40,267,376 747,477 245,784 651,031 - 1,991,747 3,636,039 6/30/2021 41,760,745 910,628 86,819 42,758,192 29,541 286,553 306,785 83,682 2,011,099 2,717,660 Source: Department's annual reports $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 ThousandsOperating Revenue by Type-Water Fund Other Services Service Charges/Fees Water Sales - 500 1,000 1,500 2,000 2,500 3,000 3,500 ThousandsNon-Operating Revenue by Type: Water Fund Noncapital grant funds Gain on asset disposition Other Income Rental Income Interest Income 68 13.a Packet Pg. 400 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Fund Revenue by Type Last Ten Fiscal Years Fiscal Year Ended Sewer Treatment Revenue Industrial Waste Other Operating Revenue Total Operating Revenue Interest Income Rental Income Other Income Gain on Asset Disposition /Joint Venture Total Non Operating Income 6/30/2012 24,250,417$ 376,550$ 1,261,762$ 25,888,729$ 812,885$ 21,907$ -$ -$ 834,792$ 6/30/2013 25,261,792 296,153 856,708 26,414,653 340,689 22,574 - - 363,263 6/30/2014 25,350,988 319,786 - 25,670,774 443,836 20,669 202,078 - 666,583 6/30/2015 24,399,415 335,010 - 24,734,425 481,211 700 498,247 345,884 1,326,042 6/30/2016 25,030,569 380,171 - 25,410,740 658,456 41,498 359,800 - 1,059,754 6/30/2017 28,022,259 589,760 - 28,612,019 23,391 15,908 - - 39,299 6/30/2018 30,039,110 694,342 - 30,733,452 - 12,481 - 6,063 18,544 6/30/2019 29,861,192 684,989 - 30,546,181 1,361,936 - - 9,417 1,371,353 6/30/2020 29,712,734 684,358 - 30,397,092 1,322,367 - - - 1,322,367 6/30/2021 29,587,597 773,519 - 30,361,116 19,472 - - - 19,472 Source: Department's annual reports - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 6/30/20126/30/20136/30/20146/30/20156/30/20166/30/20176/30/20186/30/20196/30/20206/30/2021ThousandsOperating Revenue by Type-Sewer Fund Other Operating Revenue Industrial Waste Sewer Treatment Revenue - 200 400 600 800 1,000 1,200 1,400 1,600 ThousandsNon-Operating Revenue by Type - Sewer Treatment Fund Gain on Asset Disposition /Joint Venture Other Income Rental Income Interest Income 69 13.a Packet Pg. 401 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Collection Fund Revenue by Type Last Ten Fiscal Years Fiscal Year Ended Sewer Collection Revenue Service Charges/Fees Other Operating Revenue Total Operating Revenue Interest Income Rental Income Other Income Gain on asset disposition/Con tribution from City Total Non Operating Income 6/30/2012 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2013 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2014 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2015 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2016 n/a n/a n/a n/a n/a n/a n/a n/a n/a 6/30/2017*2,860,627$ 30,576$ -$ 2,891,203$ 28,315$ -$ -$ 12,580,781$ 12,609,096$ 6/30/2018 7,679,020 3,926 - 7,682,946 201,663 - 251,473 3,168 456,304 6/30/2019 7,555,960 6,137 - 7,562,097 584,685 - 5 - 584,690 6/30/2020 7,656,675 9,634 - 7,666,309 626,761 - - 3,003 629,764 6/30/2021 7,759,318 35,100 - 7,794,418 1,605 - 9,306 - 10,911 Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 ThousandsOperating Revenue by Type-Sewer Collection Fund Other Operating Revenue Service Charges/Fees Sewer Collection Revenue - 2,000 4,000 6,000 8,000 10,000 12,000 14,000 ThousandsNon-Operating Revenue by Type - Sewer Collections Fund Gain on asset disposition/Contribution from City Other Income Rental Income 70 13.a Packet Pg. 402 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Fund Expenses by Type Last Ten Fiscal Years Fiscal Year Ended Administration & Customer Service Plant Operations and Distribution Engineering Maintenance Depreciation and Amortization Total Operating Expense Interest Expense Loss on asset disposition Other Non- operating expense Total Non- Operating Expense 6/30/2012 16,304,830$ 12,959,507$ 2,492,056$ 1,628,764$ 5,770,673$ 39,155,830$ 526,915$ 268,953$ -$ 795,868$ 6/30/2013 16,149,788 11,073,338 2,813,459 1,888,236 5,505,403 37,430,224 689,665 261,946 - 951,611 6/30/2014 14,410,400 11,395,305 2,426,717 1,837,556 5,971,638 36,041,616 261,836 - - 261,836 6/30/2015 13,244,552 12,467,017 2,439,170 1,988,719 5,365,124 35,504,582 169,119 - - 169,119 6/30/2016 13,313,085 11,406,861 2,326,551 1,978,534 5,809,331 34,834,362 106,698 - - 106,698 6/30/2017 13,971,106 12,436,501 2,329,142 1,859,871 6,478,050 37,074,670 3,130,749 - - 3,130,749 6/30/2018 11,300,091 12,337,763 1,943,659 2,292,625 6,571,957 34,446,095 2,015,792 - - 2,015,792 6/30/2019 9,987,198 12,853,400 2,253,333 2,387,889 6,512,907 33,994,727 1,993,624 - - 1,993,624 6/30/2020 13,418,886 12,472,633 2,641,641 2,528,441 7,564,550 38,626,151 1,955,317 25,094 - 1,980,411 6/30/2021 14,405,557 14,045,232 3,064,623 3,126,556 7,838,887 42,480,855 1,926,133 - - 1,926,133 Source: Department's annual reports - 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 45,000 ThousandsOperating Expenses by Type-Water Fund Depreciation and Amortization Maintenance Engineering Plant Operations and Distribution Administration & Customer Service - 500 1,000 1,500 2,000 2,500 3,000 3,500 6/30/20126/30/20136/30/20146/30/20156/30/20166/30/20176/30/20186/30/20196/30/20206/30/2021ThousandsNon-Operating Expense by Type: Water Fund Other Non-operating expense Loss on asset disposition Interest Expense 71 13.a Packet Pg. 403 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Fund Expenses by Type Last Ten Fiscal Years Fiscal Year Ended Administration & Customer Service Plant Operations Engineering Maintenance Depreciation and Amortization Total Operating Expense Interest Expense Loss on Asset Disposition /Joint Venture Other Non- operating expense Total Non- Operating Expense 6/30/2012 3,823,627$ 10,328,073$ -$ 3,257,127$ 4,645,127$ 22,053,954$ 1,147,810$ 34,114$ 118,051$ 1,299,975$ 6/30/2013 4,454,713 10,040,895 - 3,392,868 4,408,721 22,297,197 828,129 11,644 154,180 993,953 6/30/2014 5,345,726 9,528,218 527,294 3,146,275 3,426,515 21,974,028 557,049 16,244 1,238,703 1,811,996 6/30/2015 4,016,198 9,292,501 534,226 2,906,853 2,870,550 19,620,328 227,165 - - 227,165 6/30/2016 4,299,808 9,800,283 464,554 2,874,352 1,292,426 18,731,423 167,795 1,116,078 - 1,283,873 6/30/2017 6,799,639 9,620,639 480,951 3,135,686 4,102,963 24,139,878 1,300,263 2,321,485 42,209 3,663,957 6/30/2018 5,690,507 9,056,518 500,009 3,281,446 4,157,550 22,686,030 1,376,009 1,247,670 733,583 3,357,262 6/30/2019 6,775,552 10,118,506 617,855 3,041,620 4,313,147 24,866,680 1,367,375 1,553,261 - 2,920,636 6/30/2020 5,702,973 10,470,501 369,422 3,508,534 4,596,980 24,648,410 1,313,151 1,546,396 - 2,859,547 6/30/2021 6,292,313 11,986,858 387,932 3,811,413 4,507,869 26,986,385 1,283,861 1,604,905 38,363 2,927,129 Source: Department's annual reports - 5,000 10,000 15,000 20,000 25,000 30,000 ThousandsOperating Expenses by Type-Sewer Fund Depreciation and Amortization Maintenance Engineering Plant Operations Administration & Customer Service - 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 ThousandsNon-Operating Expense by Type: Sewer Fund Other Non-operating expense Loss on Asset Disposition /Joint Venture Interest Expense 72 13.a Packet Pg. 404 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Collection Fund Expenses by Type Last Ten Fiscal Years Fiscal Year Ended Administration & Customer Service Plant Operations Engineering Maintenance Depreciation and Amortization Total Operating Expense Interest Expense Loss on Asset Disposition Other Non- operating expense Total Non- Operating Expense 6/30/2012 -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 6/30/2013 - - - - - - - - - - 6/30/2014 - - - - - - - - - - 6/30/2015 - - - - - - - - - - 6/30/2016 - - - - - - - - - - 6/30/2017 314,265 492,675 - - 247,926 1,054,866 - - 6,951 6,951 6/30/2018 2,211,188 354,423 8,071,891 - 1,029,648 11,667,150 - - - - 6/30/2019 1,608,074 439,660 5,051,773 - 1,073,415 8,172,922 - - - - 6/30/2020 1,898,461 483,316 4,124,631 - 1,144,096 7,650,504 - - - - 6/30/2021 3,497,969 533,619 2,549,257 - 1,281,602 7,862,447 - - - - Source: Department's annual reports * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 ThousandsOperating Expenses by Type-Sewer Collection Fund Depreciation and Amortization Maintenance Engineering Plant Operations Administration & Customer Service - 1 2 3 4 5 6 7 8 ThousandsNon-Operating Expense by Type: Sewer Collection Fund Other Non-operating expense Loss on Asset Disposition Interest Expense 73 13.a Packet Pg. 405 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 74 13.a Packet Pg. 406 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the DEBT CAPACITY INFORMATION These schedules contain information to help the reader assess the affordability of the Department's current level of outstanding debt and ability to issue debt in the future. 75 13.a Packet Pg. 407 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Fund Debt Service Coverage Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Net Operating Expenses (Excluding) Depreciation Net Operating Income (Loss) Net Non- Operating Income/ (Expense) Amount Available for Debt Service Principal Interest Total Debt Service Coverage Ratio 6/30/2012 $ 37,106,217 $ 33,385,157 $ 3,721,060 $ 2,436,449 $ 6,157,509 $ 974,027 $ 505,819 1,479,846$ 4.16 6/30/2013 37,868,846 31,924,821 5,944,025 2,492,448 8,436,473 1,227,491 547,616 1,775,107 4.75 6/30/2014 36,671,903 30,069,978 6,601,925 2,504,705 9,106,630 1,658,265 660,854 2,319,119 3.93 6/30/2015 33,121,128 30,139,458 2,981,670 2,702,953 5,684,623 1,748,054 570,434 2,318,488 2.45 6/30/2016 30,001,871 29,025,031 976,840 2,283,230 3,260,070 1,813,594 523,274 2,336,868 1.40 6/30/2017 33,358,907 30,596,620 2,762,287 2,584,468 5,346,755 246,887 218,819 465,706 11.48 6/30/2018 38,280,016 27,874,148 10,405,868 3,167,597 13,573,465 770,000 2,223,838 2,993,838 4.53 6/30/2019 39,099,960 27,482,130 11,617,830 3,810,403 15,428,233 795,000 2,196,388 2,991,388 5.16 6/30/2020 40,267,376 31,061,601 9,205,775 3,636,039 12,841,814 830,000 2,163,888 2,993,888 4.29 6/30/2021 42,758,192 34,641,968 8,116,224 2,633,978 10,750,202 860,000 2,130,088 2,990,088 3.60 Source: Department's annual reports 76 13.a Packet Pg. 408 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Fund Debt Service Coverage Last Ten Fiscal Years Fiscal Year Ended Total Operating Revenue Net Operating Expenses (Excluding) Depreciation Net Operating Income (Loss) Net Non- Operating Income/ (Expense) Amount Available for Debt Service Principal Interest Total Debt Service Coverage Ratio 6/30/2012 $ 26,414,654 $ 17,888,476 $ 8,526,178 $ (462,183) $ 8,063,995 $ 4,417,731 $ 1,166,496 5,584,227$ 1.44 6/30/2013 25,670,774 18,547,513 7,123,261 (630,690) 6,492,571 4,724,227 757,010 5,481,237 1.18 6/30/2014 24,734,425 16,749,778 7,984,647 (1,129,169) 6,855,478 4,424,090 747,460 5,171,550 1.33 6/30/2015 25,410,740 16,749,778 8,660,962 1,098,877 9,759,839 4,629,425 568,888 5,198,313 1.88 6/30/2016 25,410,740 17,438,997 7,971,743 (224,119) 7,747,624 300,000 - 300,000 25.83 6/30/2017 28,612,019 20,036,916 8,575,103 39,299 8,614,402 300,000 132,660 432,660 19.91 6/30/2018 30,733,453 18,539,941 12,193,512 (721,103) 11,472,409 890,000 1,382,782 2,272,782 5.05 6/30/2019 30,546,181 20,841,699 9,704,482 1,361,935 11,066,417 910,000 1,356,125 2,266,125 4.88 6/30/2020 30,397,092 20,051,431 10,345,661 1,322,367 11,668,028 935,000 1,331,225 2,266,225 5.15 6/30/2021 30,361,116 22,478,516 7,882,600 19,472 7,902,072 665,000 1,301,900 1,966,900 4.02 Source: Department's annual reports 77 13.a Packet Pg. 409 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Ratios of Outstanding Debt by Type (In Thousands of Dollars) Last Ten Fiscal Years Fiscal Year Ended Revenue Bonds Bonds Notes/Loans Payable Certificates of Participation Capital Leases Total Percentage of Personal Income Debt Per Capita 6/30/2012 $ - $ 15 $ 31,547 $ 14,795 $ - $ 46,357 0.7% 0.22 6/30/2013 - - 29,452 12,145 - 41,597 0.6% 0.20 6/30/2014 - - 26,174 9,340 - 35,514 0.5% 0.17 6/30/2015 - - 22,826 6,375 - 29,201 0.4% 0.14 6/30/2016 - - 20,569 - - 20,569 0.3% 0.10 6/30/2017 88,656 - 900 - - 89,556 1.0% 0.39 6/30/2018 87,092 - 600 - - 87,692 1.0% 0.37 6/30/2019 85,483 - 300 - - 85,783 1.0% 0.39 6/30/2020 83,814 - - - - 83,814 1.0% 0.39 6/30/2021 82,085 - - - - 82,085 1.0% 0.38 Source: Department's annual reports 78 13.a Packet Pg. 410 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the DEMOGRAPHIC AND ECONOMIC INFORMATION These schedules offer demographic and economic indicators to help the reader understand the environment within which the Department's financial activities take place. 79 13.a Packet Pg. 411 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Demographic Statistics Last Ten Fiscal Years Fiscal Year Ended Estimated Population (1) Personal Income (In Thousands) (2) Per Capita Personal Income (2) Unemployment Rate (3) 6/30/2012 210,753 6,807,533$ $ 32,301 11.50% 6/30/2013 211,994 7,001,102 33,025 9.80% 6/30/2014 212,584 7,070,119 33,258 10.10% 6/30/2015 213,933 7,645,879 35,740 6.80% 6/30/2016 215,491 7,931,577 36,807 6.30% 6/30/2017 216,972 8,459,304 38,988 5.50% 6/30/2018 221,130 8,523,677 38,546 5.70% 6/30/2019 219,233 8,509,748 38,816 4.10% 6/30/2020 217,671 8,159,289 37,485 11.30% 6/30/2021 216,291 7,723,319 35,708 8.10% (1) California Department of Finance (2) U.S. Department of Commerce, Bureau of Economic Analys for 2006-2013 (Riverside-San Bernardino MSA) (3) State of California, Economic Development Department; City of San Bernardino Economic Development Dept 204,000 206,000 208,000 210,000 212,000 214,000 216,000 218,000 220,000 222,000 Population $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 $8,000,000 $9,000,000 Personal Income $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 Per Capita Personal Income 0.00% 2.00% 4.00% 6.00% 8.00% 10.00% 12.00% 14.00% Unemployment 80 13.a Packet Pg. 412 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Major Employers Current Year and Ten Years Ago Fiscal Year 2021 Fiscal Year 2012* Employer Ranking Number of Employees Ranking Number of Employees County of San Bernardino 1 22,719 9 1000+ Stater Brothers 2 18,000 San Bernardino City Unified School Disrict 3 6,400 5 1000+ Kaiser Permanente - Fontana Med 4 1,000-4,999 Arrowhead regional Medical Center 5 1,000-4,999 1 1000+ Environmental Systems Research 6 1,000-4,999 10 1000+ California State Unversity- San Bernardino 7 1,000-4,999 4 1000+ LEHP Health Services 8 1,000-4,999 2 1000+ San Bernardino County Sheriff 9 1,000-4,999 6 1000+ City of San Bernardino 10 750 3 1000+ San Bernardino County Superintendent of Schools 7 1000+ San Manuel Band of Mission Indians 8 1000+ * Actual employment figures not available Source: Economic Development Department Labor Market Information, Agency Websites and City's Annual Financial Report. 81 13.a Packet Pg. 413 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Authorized Positions History Last Ten Fiscal Years Year End Water Fund Sewer Treatment Fund Sewer Collection Fund Total 2012 173.5 82.0 0.0 255.5 2013 173.5 82.0 0.0 255.5 2014 185.5 72.5 0.0 258.0 2015 183.5 74.5 0.0 258.0 2016 188.5 83.5 0.0 272.0 2017 216.8 70.3 13.0 300.0 2018 215.0 72.0 12.0 299.0 2019 215.0 72.0 12.0 299.0 2020 215.0 72.0 12.0 299.0 2021 199.0 85.0 12.0 296.0 Source: Department's records Note: The Sewer Collection Utility was transferred to the Department on May 1, 2017. Prior year data is unavailable. 0.0 50.0 100.0 150.0 200.0 250.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Authorized Position History Water Fund Sewer Treatment Fund Sewer Collection Fund 82 13.a Packet Pg. 414 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the REVENUE CAPACITY These schedules contain information to help the reader assess the Department's significant revenue sources. 83 13.a Packet Pg. 415 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Rates: Minimum Monthly Charge Last Ten Fiscal Years Effective Date 1/2" 5/8" 3/4" 1" 1-1/2" 2" 3" 4" 6" 8" 10" 12" 1/1/2012 12.90 12.90 16.15 22.60 38.80 58.20 103.50 168.20 330.00 524.15 750.65 * 7/1/2013 12.90 12.90 16.15 22.60 38.80 58.20 103.50 168.20 330.00 524.15 750.65 * 7/1/2014 12.90 12.90 16.15 22.60 38.80 58.20 103.50 168.20 330.00 524.15 750.65 * 7/1/2015 12.90 12.90 16.15 22.60 38.80 58.20 103.50 168.20 330.00 524.15 750.65 * 10/1/2016 16.09 16.09 20.15 28.19 48.40 72.60 129.12 197.36 411.68 653.88 936.44 * 7/1/2017 19.58 19.58 24.51 34.30 58.88 88.32 157.06 240.07 500.78 795.40 1,139.12 * 7/1/2018 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 7/1/2019 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 7/1/2020 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * 7/1/2021 23.39 23.39 29.28 40.98 70.35 105.52 187.66 286.63 598.33 950.34 1,361.01 * Source: Department's Records All water usage, except municipal, will be billed at the rate of $0.94 and $0.97 per 100 cubic feet effective July 1, 2007 and July 1, 2008, respectively, with no minimum allowance. ($/month) * Information not reported 84 13.a Packet Pg. 416 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Connections and Revenues by User Type Last Ten Fiscal Years User Type Connections Revenue Connections Revenue Connections Revenue Connections Revenue Single family 35,995 23,875,761$ 36,042 22,909,054$ 36,006 21,579,693$ 35,824 20,476,866$ Multiple family 2,908 5,569,436 2,907 5,222,345 2,903 5,157,997 2,904 4,944,978 Commercial 3,154 6,579,373 3,117 6,482,560 3,104 6,320,900 3,111 6,117,493 Landscape 1,192 5,277,114 1,181 4,542,108 1,150 4,256,390 1,159 4,694,704 Other 2,241 811,833 2,174 781,428 2,056 808,227 2,018 748,141 Total all users 45,490 42,113,517$ 45,421 39,937,495$ 45,219 38,123,207$ 45,016 36,982,182$ Connections Revenue Connections Revenue Connections Revenue Connections Revenue Single family 35,825 17,346,414$ 35,729 15,688,749$ 35,695 16,775,834$ 35,012 18,583,708$ Multiple family 2,899 4,449,204 2,873 4,225,832 2,869 4,349,601 2,824 4,591,290 Commercial 3,131 5,750,672 3,092 4,913,942 3,097 6,332,882 3,085 6,566,344 Landscape 1,121 3,789,527 1,129 3,203,907 1,130 3,079,610 1,140 3,616,135 Other 1,956 557,392 1,905 677,180 1,791 679,606 1,703 913,810 Total all users 44,932 31,893,209$ 44,728 28,709,610$ 44,582 31,217,533$ 43,764 34,271,287$ Connections Revenue Connections Revenue Single family 34,913 18,741,773$ 34,716 18,094,052$ Multiple family 2,820 4,704,384 2,801 4,510,962 Commercial 3,082 6,800,310 3,117 5,790,427 Landscape 1,104 3,591,678 1,151 3,321,846 Other 1,663 599,210 1,626 1,597,791 Total all users 43,582 34,437,355$ 43,411 33,315,078$ Source: Department's records 2018 2017 2016 2015 2014 2013 2012 2021 2020 2019 57% 13% 16% 12% 2% Water Service Revenue by User Type FY 2021 Single family Multiple family Commercial Landscape Other 35,995 2,908 3,154 1,192 2,241 Water Utility: Average # of Connections per Customer Type FY 2021 Single family Multiple family Commercial Landscape Other 85 13.a Packet Pg. 417 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Water Rates: Elevation Charges $ per HCF Last Ten Fiscal Years Effective Date Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Zone 6 07/01/12 0.11 0.19 0.17 0.14 0.23 0.23 07/01/13 0.11 0.19 0.17 0.14 0.23 0.23 07/01/14 0.11 0.19 0.17 0.14 0.23 0.23 07/01/15 0.11 0.19 0.17 0.14 0.23 0.23 10/01/16 0.11 0.19 0.17 0.14 0.23 0.23 07/01/17 0.11 0.19 0.17 0.14 0.23 0.23 07/01/18 0.11 0.19 0.17 0.14 0.23 0.23 07/01/19 0.11 0.19 0.17 0.14 0.23 0.23 07/01/20 0.11 0.19 0.17 0.14 0.23 0.23 07/01/21 0.11 0.19 0.17 0.14 0.23 0.23 Source: Department's records 86 13.a Packet Pg. 418 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Top Ten Water Customers Fiscal Year 2021 CITY OF SAN BERNARDINO 1,235,401$ SBCUSD 793,861 CAL STATE UNIVERSITY 340,822 COUNTY OF SAN BERNARDINO 251,958 HOUSING AUTHORITY 242,952 COTT BEVERAGES 186,825 W DEAN WEIDNER 171,564 LIDO CONDOMINIUMS 135,509 ST. BERNARDINE HOSPITAL 130,573 ACACIA PARK APARTMENTS 127,432 Top Ten Customers Total 3,616,897 Total Water Revenue 42,113,517$ Top Ten Customers Percent of Total 8.59% Customer-2021 87 13.a Packet Pg. 419 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Treatment Rate History Last Ten Fiscal Years 1/1/2012 1/1/2013 1/1/2014 10/1/2015 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 7/1/2021 Residential (monthly per EDU)18.50 18.50 18.50 20.65 22.38 23.10 23.10 23.10 23.10 23.10 Commercial: Commodity Charge (per HCF): Multi-family, mobile home parks 1.25 1.25 1.25 1.36 1.48 1.53 1.53 1.53 1.53 1.53 Retail, commercial, light industrial 2.10 2.10 2.10 2.28 2.47 2.55 2.55 2.55 2.55 2.55 Auto repair, car wash 1.30 1.30 1.30 1.41 1.53 1.58 1.58 1.58 1.58 1.58 Offices, motels (w/o restaurants)1.50 1.50 1.50 1.63 1.77 1.83 1.83 1.83 1.83 1.83 Restaurants, hotels 2.70 2.70 2.70 2.93 3.18 3.28 3.28 3.28 3.28 3.28 Laundromats 1.50 1.50 1.50 1.63 1.77 1.83 1.83 1.83 1.83 1.83 Hospitals, convalescent homes 1.35 1.35 1.35 1.46 1.58 1.63 1.63 1.63 1.63 1.63 Schools, churches, nursery schools 1.10 1.10 1.10 1.19 1.29 1.33 1.33 1.33 1.33 1.33 Industrial: Discharge Flow (per million gallons)900.00 900.00 900.00 977.00 1,060.00 1,094.00 1,094.00 1,094.00 1,094.00 1,094.00 Biological Oxygen demand (per 1,000 lbs)360.00 360.00 360.00 391.00 424.00 438.00 438.00 438.00 438.00 438.00 Suspended Solids (per 1,000 lbs)640.00 640.00 640.00 694.00 753.00 778.00 778.00 778.00 778.00 778.00 Source: Department's records 88 13.a Packet Pg. 420 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Treatment Connections and Revenue by User Type Last Ten Fiscal Years User Type Connections Revenue Connections Revenue Connections Revenue Connections Revenue San Bernardino Residential 32,365 10,165,765$ 31,828 10,191,482$ 33,051 10,146,660$ 32,945 10,135,132$ San Bernardino Nonresidential 5,436 8,292,874 5,340 8,463,554 5,531 8,645,032 5,526 8,834,641 East Valley Residential 18,710 4,797,833 18,477 4,778,152 18,477 4,778,152 18,477 4,765,218 East Valley Nonresidential 1,087 3,456,827 1,050 3,483,724 1,050 3,550,973 1,050 3,579,348 Loma Linda Residential 3,010 1,232,048 2,856 1,163,501 2,799 1,171,706 4,824 1,167,823 Loma Linda Nonresidential 169 1,642,250 168 1,622,872 345 1,557,119 703 1,548,574 Total all users 60,777 29,587,597$ 59,719 29,703,285$ 61,253 29,849,642$ 63,525 30,030,736$ Connections Revenue Connections Revenue Connections Revenue Connections Revenue San Bernardino Residential 32,960 9,756,592$ 32,889 8,746,617$ 32,874 8,056,827$ 32,537 8,111,634$ San Bernardino Nonresidential 5,471 8,010,240 5,377 7,125,053 5,344 7,240,533 5,410 8,033,072 East Valley Residential 18,477 4,622,944 18,477 4,008,039 18,480 4,093,625 18,404 4,149,836 East Valley Nonresidential 1,050 3,083,475 1,060 2,825,971 1,051 2,571,813 1,115 2,725,075 Loma Linda Residential 4,723 1,107,201 5,948 1,008,071 5,040 997,242 4,656 991,387 Loma Linda Nonresidential 593 1,441,807 591 1,308,474 588 1,294,612 592 1,330,102 Total all users 63,274 28,022,259$ 64,342 25,022,225$ 63,377 24,254,652$ 62,714 25,341,106$ Connections Revenue Connections Revenue San Bernardino Residential 32,563 7,922,936$ 32,571 7,650,142$ San Bernardino Nonresidential 5,447 8,332,214 5,412 7,877,416 East Valley Residential 18,925 4,188,434 18,813 4,019,127 East Valley Nonresidential 1,126 2,434,118 1,128 2,492,375 Loma Linda Residential 4,663 1,063,124 4,443 933,648 Loma Linda Nonresidential 585 1,549,643 589 1,258,747 Total all users 63,309 25,490,469$ 62,956 24,231,455$ Source: Department's records 2013 2012 2021 2020 2019 2018 2017 2016 2015 2014 32,365 5,436 18,710 1,087 3,010 169 Sewer Utility: Average # of Connections per Customer Type FY 2021 San Bernardino Residential San Bernardino Nonresidential East Valley Residential East Valley Nonresidential Loma Linda Residential Loma Linda Nonresidential 34% 28% 16% 12% 4% 6% Sewer Utility Revenue by User Type FY 2021 San Bernardino Residential San Bernardino Nonresidential East Valley Residential East Valley Nonresidential Loma Linda Residential Loma Linda Nonresidential 89 13.a Packet Pg. 421 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Top Ten Sewer Treatment Customers Fiscal Year 2021 COUNTY OF SAN BERNARDINO 342,277$ SBCUSD 167,152 HOUSING AUTHORITY 119,826 ST. BERNARDINE HOSPITAL 118,853 CITY OF SAN BERNARDINO 114,598 PAMA MANAGEMENT CO.102,380 LIDO CONDOMINIUMS 82,363 VILLAGE GREEN CHESTNUT, LP 80,299 BROADSTONE INVESTORS LLC 78,528 W DEAN WEIDNER 69,981 Top Ten Customers Total 1,276,257 Total Sewer Revenue 29,587,597$ Top Ten Customers Percent of Total 4.31% Source: Department's records Customers -2021 90 13.a Packet Pg. 422 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Collection Rate History Last Ten Fiscal Years 10/1/2015 7/1/2016 7/1/2017 7/1/2018 7/1/2019 7/1/2020 7/1/2021 Residential (monthly per EDU)9.00 9.45 9.90 9.90 9.90 9.90 9.90 Multi-Family Multi-family, 2 units 18.00 18.90 19.85 19.85 19.85 19.85 19.85 Multi-family, 3 units 27.00 28.35 29.75 29.75 29.75 29.75 29.75 Multi-family, 4 or more units, Non-res. Monthly Charge 2.80 2.95 3.10 3.10 3.10 3.10 3.10 Usage Charge (per HCF)0.79 0.83 0.87 0.87 0.87 0.87 0.87 Source: Department's records The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so details for prior years is unavailable. 91 13.a Packet Pg. 423 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Sewer Collection Connections and Revenue by User Type Last Ten Fiscal Years User Type Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Residential-Single Family 32,418 - 3,997,513$ 31,889 - 4,054,020$ 33,127 - 3,927,784$ 32,939 - 3,916,946$ Residential-Multi Family 1,576 - 418,545 1,555 - 412,095 1,606 - 424,665 1,607 - 424,024 Residential- Multi Family 4 Units +19 80,400 70,647 18 63,529 55,921 17 50,331 44,420 16 51,092 44,945 Comm/Land/Lt. Industrial/Non-Res.3,138 3,051,177 2,726,198 3,069 2,893,018 2,588,912 3,180 2,904,054 2,601,804 3,198 2,997,422 2,668,497 Education-Public 49 124,047 109,205 37 54,207 48,082 27 24,293 21,700 27 29,478 26,118 Education-Private 149 72,141 68,086 150 63,715 60,941 152 64,643 61,858 150 72,936 67,985 Hospital/Convalescent Homes 35 197,360 172,771 35 197,787 173,367 35 190,191 166,768 35 194,560 170,063 Office/Motel-No Restaurant 93 78,338 59,307 92 79,321 61,027 94 88,632 69,280 94 85,397 66,015 Restaurant/ Hotel w/ Restaurant 51 36,181 33,232 52 38,762 35,480 47 41,583 37,750 41 39,909 35,963 Auto Repair/Car Wash 226 81,945 78,971 221 75,027 73,487 229 76,587 74,854 231 93,474 89,565 Laundromat 5 28,349 24,843 5 24,821 21,771 5 26,639 23,362 5 26,464 23,160 CS Irrigation - - - 21 255,400 71,571 43 423,688 115,905 45 540,444 145,737 Totals IVDA 48 65,559 - 48 56,072 - 50 54,387 - 49 57,057 - Total all users 37,807 3,815,497 7,759,318$ 37,192 3,801,659 7,656,674$ 38,612 3,945,028 7,570,150$ 38,437 4,188,233 7,679,018$ Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Connections Consumption Revenue Residential-Single Family 32,899 - 3,719,798$ - - -$ - - -$ - - -$ Residential-Multi Family 1,609 - 405,007 - - - - - - - - - Residential- Multi Family 4 Units +15 45,146 41,351 - - - - - - - - - Comm/Land/Lt. Industrial/Non-Res.3,204 2,626,645 2,467,470 - - - - - - - - - Education-Public 27 29,586 27,420 - - - - - - - - - Education-Private 150 61,381 61,779 - - - - - - - - - Hospital/Convalescent Homes 35 175,241 161,182 - - - - - - - - - Office/Motel-No Restaurant 96 71,092 58,587 - - - - - - - - - Restaurant/ Hotel w/ Restaurant 37 34,788 32,509 - - - - - - - - - Auto Repair/Car Wash 229 73,436 75,421 - - - - - - - - - Laundromat 5 24,091 21,824 - - - - - - - - - CS Irrigation 46 503,780 158,834 - - - - - - - - - Totals IVDA 51 54,874 - - - - - - - - - - Total all users 38,403 3,700,060 7,231,182$ - - -$ - - -$ - - -$ Connections Consumption Revenue Connections Consumption Revenue Residential-Single Family - - -$ - - -$ Residential-Multi Family - - - - - - Residential- Multi Family 4 Units +- - - - - - Comm/Land/Lt. Industrial/Non-Res.- - - - - - Education-Public - - - - - - Education-Private - - - - - - Hospital/Convalescent Homes - - - - - - Office/Motel-No Restaurant - - - - - - Restaurant/ Hotel w/ Restaurant - - - - - - Auto Repair/Car Wash - - - - - - Laundromat - - - - - - CS Irrigation - - - - - - Totals IVDA - - - - - - Total all users - - -$ - - -$ Source: Department's records 2013 2012 * The Sewer Collection Utility was transferred to the Water Department on May 1, 2017 so prior year data is unavailable. Data provided for 2017 represents the entire year. 2021 2020 2019 2018 2017 2016 2015 2014 86% 4% 0%8% 0% 1% 0% 0% 0% 1% 0% 0%0% Sewer Collection Connections by User Type 2021 Residential-Single Family Residential-Multi Family Residential- Multi Family 4 Units + Comm/Land/Lt. Industrial/Non-Res. Education-Public Education-Private Hospital/Convalescent Homes Office/Motel-No Restaurant Restaurant/ Hotel w/ Restaurant Auto Repair/Car Wash Laundromat CS Irrigation Totals IVDA 92 13.a Packet Pg. 424 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the City of San Bernardino Municipal Water Department Top Ten Sewer Collection Customers Fiscal Year 2021 COUNTY OF SAN BERNARDINO 123,508$ SBCUSD 109,716 ST. BERNARDINE HOSPITAL 63,448 PAMA MANAGEMENT CO.56,593 HOUSING AUTHORITY 55,186 CITY OF SAN BERNARDINO 49,930 LIDO CONDOMINIUMS 46,860 VILLAGE GREEN CHESTNUT, LP 45,687 BROADSTONE INVESTORS LLC 44,666 W DEAN WEIDNER 39,909 Top Ten Customers Total 635,503 Total Sewer Collections Revenue*7,759,318$ Top Ten Customers Percent of Total 8.19% Source: Department's records Customers -2021 93 13.a Packet Pg. 425 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the THIS PAGE INTENTIONALLY LEFT BLANK 94 13.a Packet Pg. 426 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT JUNE 30, 2021 SINGLE AUDIT REPORT 13.a Packet Pg. 427 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT SINGLE AUDIT REPORT JUNE 30, 2021 13.a Packet Pg. 428 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT SINGLE AUDIT REPORT JUNE 30, 2021 TABLE OF CONTENTS Page Number Independent Auditors’ Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards ...................................................................... 1 Independent Auditors’ Report on Compliance for Each Major Program and on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance ........................................................................................ 3 Schedule of Expenditures of Federal Awards for the Fiscal Year Ended June 30, 2021 ........................................................................................................ 6 Notes to the Schedule of Expenditures of Federal Awards .................................................................... 7 Schedule of Findings and Questioned Costs for the Fiscal Year Ended June 30, 2021 ........................................................................................................ 8 Summary Schedule of Prior Year Findings and Questioned Costs for the Fiscal Year Ended June 30, 2020 ...................................................................................................... 10 13.a Packet Pg. 429 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of each major fund of the City of San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements, and have issued our report thereon dated December 1, 2021. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Department’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Department’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Department’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 13.a Packet Pg. 430 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Department’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Department’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Brea, California December 1, 2021 2 13.a Packet Pg. 431 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON COMPLIANCE FOR EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER COMPLIANCE AND REPORT ON SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS REQUIRED BY THE UNIFORM GUIDANCE To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Report on Compliance for Each Major Federal Program Opinion on Each Major Federal Program We have audited the City of San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California (the “City”)’s compliance with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the Department’s major federal programs for the year ended June 30, 2021. The Department’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs. In our opinion, the Department, complied, in all material respects, with the types of compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2021. Basis for Opinion We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the Department and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion. Our audit does not provide a legal determination of the Department’s compliance with the compliance requirements referred to above. Emphasis of Matter As discussed in Note 1 to the Schedule of Expenditures of Federal Awards (the “Schedule”), the Schedule presents only the federal awards administered by the Department and does not purport to, and does not, present fairly the total federal expenditures of the City as a whole as of June 30, 2021, or nor does this report on compliance extend to those federal award programs not administered by the Department. 13.a Packet Pg. 432 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the Department’s government programs. Auditor’s Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above, whether due to fraud or error, and express an opinion on the Department’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the Department’s compliance with the requirements of the government program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and Uniform Guidance, we:  Exercise professional judgment and maintain professional skepticism throughout the audit.  Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the Department’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.  Obtain an understanding of the Department’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. 4 13.a Packet Pg. 433 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance. Given these limitations, during our audit we did not identify any deficiencies in internal control over compliance that we consider to be a material weakness, as defined above. However, material weaknesses or significant deficiencies in internal control over compliance may exist that have not been identified. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of each major fund of the Department, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements. We issued our report thereon dated December 1, 2021, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the basic financial statements as a whole. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. Brea, California December 1, 2021 5 13.a Packet Pg. 434 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the SAN BERNARDINO MUNICIPAL WATER DEPARTMENT SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED JUNE 30, 2021 Federal Program Assistance Identification Program Federal Grantor/Pass-Through Grantor/Program Title Listing No. Number Expenditures U.S. Department of Interior Direct Award: Title XVI Water Reclamation and Reuse 15.504 R10AC35282 361,596$ Total U.S. Department of the Interior 361,596 Environmental Protection Agency Consent Decree *66.000 # Operations and maintenance: Newmark 831,438 Muscoy 936,227 Site wide monitoring 141,129 Project management 91,712 Subtotal - Consent Decree 2,000,506 Direct Award: Superfund State, Political Subdivision, and Indian Tribe Site-Specific Cooperative Agreements 66.802 V-00T73801-8 197,756 Total Environmental Protection Agency 2,198,262 Total Federal Expenditures 2,559,858$ * Major Program # A PIN number has not been assigned Note a: Refer to Note 1 to the schedule of expenditures of federal awards for a description of significant accounting policies used in preparing this schedule. Note b: There was no federal awards expended in the form of noncash assistance and insurance in effect during the year. Note c: Total amount provided to subrecipients during the year was $0. 6 13.a Packet Pg. 435 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT NOTES TO THE SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS FOR THE FISCAL YEAR ENDED JUNE 30, 2021 Note 1: Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of Federal Awards a. Scope of Presentation The accompanying Schedule of Expenditures of Federal Awards (the “Schedule”) includes the federal grant activity of the San Bernardino Municipal Water Department (the "Department"), a component unit of the City of San Bernardino, California (the “City”), under programs of the federal government for the year ended June 30, 2021. The information in this Schedule is presented in accordance with the requirements of the Uniform Guidance. Because the Schedule presents only a selected portion of the operations of the Department, it is not intended to and does not present the financial position, changes in net position or cash flows of the Department, nor does it present all federal programs of the City of San Bernardino as a whole. b. Basis of Accounting Expenditures reported on the Schedule are reported on the accrual basis of accounting. Such expenditures are recognized following the cost principles contained in the Uniform Guidance. Under the accrual basis of accounting, expenditures are recognized when incurred. Expenditures reported include any property or equipment acquisitions incurred under the federal program. The Department did not use the 10% de minimis indirect cost rate as covered in section 200.414 of the Uniform Guidance. Note 2: Background of the Consent Decree In 1996, the City filed a complaint against the United States of America, Department of the Army (Army) to recover damages, response costs and other available remedies relating to contamination alleged to have originated at a World War II Army installation known as Camp Ono. In March 2005, the United States Department Court, Central Department, entered judgment, in the form of a consent decree (Consent Decree), in the matter of City of San Bernardino v. United States of America. The consent decree settles the City’s and the State’s claims arising from the groundwater contamination allegedly caused by the Army. The Consent Decree contains a number of provisions obligating the City (through the Municipal Water Department) to operate and maintain the Newmark Groundwater Superfund site (Site). The Site consists of two operable units, the Newmark Operable Unit and the Muscoy Operable Unit. The Newmark Operable Unit was declared operational and functional in 1998. The Consent Decree provided for a payment of $69 million from the Army to the City for performance of the work outlined in the consent decree. Upon entry of the Consent Decree, the City, through the Department, received title to all facilities constructed by the United States Environmental Protection Agency (EPA) for the Site and agreed to operate and maintain the groundwater extraction and treatment system for a period of 50 years. The $69 million payment consisted of $59 million for operation and maintenance and $10 million for the construction of certain capital facilities that would be required in the future. The funds are subject to strict limitations, contained in the Consent Decree, as to how they may be spent. Pursuant to the Consent Decree, $10 million, including interest earned, has been set aside to be used only for (i) funding construction of treatment and directly related transmission systems that expanded the Department’s capacity to deliver potable water, and (ii) funding work performed by the Department to complete construction of the Muscoy Operable Unit extraction system. These “capital facility” funds may not be used for costs incurred to operate, maintain, repair or retrofit components of the Site extraction or treatment systems constructed by EPA. In September 2007, the Muscoy Operable Unit was declared operational and functional. 7 13.a Packet Pg. 436 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the CITY OF SAN BERNARDINO MUNICIPAL WATER DEPARTMENT SCHEDULE OF FINDINGS AND QUESTIONED COSTS FOR THE FISCAL YEAR ENDED JUNE 30, 2021 SECTION I - SUMMARY OF AUDITORS' RESULTS Financial Statements Type of auditors' report issued: Unmodified Opinion Internal control over financial reporting:  Significant deficiencies identified? yes X none reported  Material weaknesses identified? yes X no Noncompliance material to financial statements noted? yes X no Federal Awards Internal control over major programs:  Significant deficiencies identified? yes X none reported  Material weaknesses identified? yes X no Type of auditors' report issued on compliance for major programs: Unmodified Opinion Any audit findings disclosed that are required to be reported in accordance with Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance)? yes X no Identification of major programs: CFDA Number(s) Name of Federal Program or Cluster 66.000 Consent Decree Dollar threshold used to distinguish between type A and type B program $750,000 Auditee qualified as low risk auditee? X yes no 8 13.a Packet Pg. 437 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the &,7<2)6$1%(51$5',12081,&,3$/:$7(5'(3$570(17  6&+('8/(2)),1',1*6$1'48(67,21('&2676 &217,18('  )257+(),6&$/<($5(1'('-81(   6(&7,21,,),1$1&,$/67$7(0(17),1',1*6  1RPDWWHUVZHUHUHSRUWHG  6(&7,21,,,)('(5$/$:$5'),1',1*6$1'48(67,21('&2676  1RPDWWHUVZHUHUHSRUWHG 9 13.a Packet Pg. 438 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 6RXWK³(´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“Trusted, Quality Service since 1905” 6800$5<6&+('8/(2)35,25<($5),1',1*6$1'48(67,21('&2676 )257+(),6&$/<($5(1'('-81(     1RPDWWHUVZHUHUHSRUWHG 10 13.a Packet Pg. 439 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 December 1, 2021 To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California We have audited the financial statements of each major fund the City of San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California, for the year ended June 30, 2021. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards, Government Auditing Standards and the Uniform Guidance, as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated May 10, 2021. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings and Other Issues Qualitative Aspects of Significant Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Department are described in the notes to the financial statements. No new accounting policies were adopted, and the application of existing policies was not changed during fiscal year 2020-2021. We noted no transactions entered into by the Department during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimate(s) affecting the Department’s financial statements were: Management’s estimates of its net pension liability, net other post-employment benefits liability, and self-insurance liability are based on actuarial valuation specialist assumptions. We evaluated the key factors and assumptions used to develop the net pension liability, net other post-employment benefits liability, and self-insurance liability to determine that they are reasonable in relation to the financial statements taken as a whole. Certain financial statement disclosures are particularly sensitive because of their significance to financial statement users. The most sensitive disclosure affecting the financial statements was: The disclosure of the Consent Decree in Note 12 to the financial statements identifies the provisions of the settlement regarding a complaint filed by the City of San Bernardino against the Department of the Army to recover damages, response costs, and other available remedies relating to contamination alleged to have originated at a WWII army installation. The financial statement disclosures are neutral, consistent, and clear. 13.a Packet Pg. 440 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Significant Unusual Transactions Management is responsible for the policies and practices used to account for significant unusual transactions. No significant unusual transactions have occurred during fiscal year 2020-2021. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole. Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Circumstances that Affect the Form and Content of the Auditor’s Report New auditing standards were implemented in fiscal year 2020-2021 related to Statement of Auditing Standards 134, Auditor Reporting and Amendments, Including Amendments Addressing Disclosures in the Audit of Financial Statements. This standard updated the form and content of the financial statement auditor’s report. The purpose of the change was to present an easier format for users to understand the results of the audit and management’s responsibilities. Management Representations We have requested certain representations from management that are included in the management representation letter dated December 1, 2021. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Department’s financial statements or a determination of the type of auditor’s opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues Discussed with Management We generally discuss a variety of matters, including the significant events or transactions that occurred during the year, business conditions affecting the Department and business plans and strategies that may affect the risks of material misstatements, the application of accounting principles and auditing standards, 13.a Packet Pg. 441 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California with management each year prior to retention as the Department’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to management’s discussion and analysis, the schedule of proportionate share of the net pension liability, the schedule of changes in net OPEB liability and related ratios, the schedules of plan contributions, and the schedule of OPEB plan investment returns which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were not engaged to report on the introductory and statistical section, which accompany the financial statements but are not RSI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. The following new Governmental Accounting Standards Board (GASB) pronouncements were effective for fiscal year 2020-2021 audit: GASB Statement No. 84, Fiduciary Activities. GASB Statement No. 90, Majority Equity Interests - an Amendment of GASB Statement Nos. 14 and 61. GASB Statement No. 98, the Annual Comprehensive Financial Report The following GASB pronouncements are effective in the following fiscal years’ audits and should be reviewed for proper implementation by management: Fiscal year 2022 GASB Statement No. 87, Leases. GASB Statement No. 89, Accounting for Interest Cost Incurred before the End of a Construction Period. Fiscal year 2023 GASB Statement No. 91, Conduit Debt Obligations. GASB Statement No. 94, Public-Private and Public-Public Partnerships and Availability Payment Arrangement. GASB Statement No. 96, Subscription-Based Information Technology Arrangements. 13.a Packet Pg. 442 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Restriction on Use This information is intended solely for the use of the Water Board and management of City of San Bernardino Municipal Water Department and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, Brea, California 13.a Packet Pg. 443 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the 203 N. Brea Blvd., Suite 203 Brea, CA 92821 Lance, Soll & Lunghard, LLP Phone: 714.672.0022 INDEPENDENT AUDITORS’ REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of each major fund of the City of San Bernardino Municipal Water Department (the “Department”), a component unit of the City of San Bernardino, California, as of and for the year ended June 30, 2021, and the related notes to the financial statements, which collectively comprise the Department’s basic financial statements, and have issued our report thereon dated December 1, 2021. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the Department’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Department’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Department’s internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or, significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Department’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. 13.a Packet Pg. 444 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the To the Water Board City of San Bernardino Municipal Water Department San Bernardino, California Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Department’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the Department’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose. Brea, California December 1, 2021 13.a Packet Pg. 445 Attachment: Attachment 1 - Water Board Staff Report and ACFR for Fiscal Year Ended June 30, 2021 - 01-05-21 (8723 : Receive and File the Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Accept 2020 HSGP Grant (All Wards) Recommendation Adopt Resolution No. 2022-08 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the Homeland Security Grant Program (HSGP) funds and increasing the Fiscal Year 2021/22 Adopted Budget revenue and expenditures by $41,111. Background The City of San Bernardino (“City”) has participated in the Homeland Security Grant Program (HSGP) for several years. The purpose of this grant program is the support of state, local, tribal, and territorial jurisdictions in their efforts toward preventing, protecting against, mitigating, responding to, and recovering from acts of terrorism or other threats. The Police Department currently has the responsibility for this grant and has previously used HSGP grant funds to improve its response capabilities toward terrorism events. The City received $41,111 in HSGP funds for Fiscal Year 2020. Discussion The San Bernardino Police Department receives non -competitive formulary HSGP funds as a sub-recipient of the County of San Bernardino. The County charges an administrative fee of 5% and distributes the remaining grant funds among the cities and towns within the County. Each city’s portion is determined on a per capita basis. The City’s portion of this award for 2020 was $41,111. The HSGP grant is designed to aid the funding of projects related to preparing for, responding to, mitigating, and recovering from terrorism or other threats to homeland security. This is a reimbursement grant that is awarded each year and has a two-year performance period. For the Fiscal Year 2020 HSGP grant, the performance period will last from September 1, 2020, through May 31, 2023. During that period, the Police Department will be responsible for the completion of grant projects and the compliance with grant terms. 2021-2025 Key Strategic Targets and Goals The request to authorize the receipt and expenditure of Fiscal Year 2020 HSGP funds aligns with Key Target No. 1: Financial Stability: Implement, maintain, and update a 14 Packet Pg. 446 8729 Page 2 fiscal accountability plan. Fiscal Impact The fiscal impact to the City is a budget amendment of $41,111 to revenue and expenditures in the Fiscal Year 2021/22 adopted budget. Grant account numbers will be established after the approval of this item. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-08, authorizing the acceptance of the Homeland Security Grant Program funds and increasing the Fiscal Year 2021/22 Ado pted Budget revenue and expenditures by $41,111. Attachments Attachment 1 Resolution 2022-08 - HSGP Grant Acceptance Attachment 2 HSGP Grant Agreement Documents Ward: All Synopsis of Previous Council Actions: February 5, 2020 Mayor and City Council adopted Resolution No. 2020-29 authorizing the acceptance of the FY 2018 HSGP funds. May 15, 2019 Mayor and City Council adopted Resolution No. 2019-69, authorizing the receipt and expenditure of the FY 2017 HSGP funds. March 21, 2018 Mayor and City Council adopted Resolution No. 2018-68 authorizing the receipt and expenditure of the FY 2016 HSGP funds. March 21, 2016 Mayor and City Council adopted Resolution No. 2016-57, authorizing the receipt and expenditure of the FY 2015/2016 HSGP funds in the amount of $81,483. July 20, 2015 Mayor and City Council adopted Resolution No. 2015-151. Authorizing the receipt and expenditure of the FY 2014/2015 HSGP grant funds in the amount of $75,864. January 6, 2014 Mayor and City Council adopted Resolution No. 2014-5, authorizing the acceptance of the FY 2013/14 HSGP funds. 14 Packet Pg. 447 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, AUTHORIZING THE ACCEPTANCE OF THE HOMELAND SECURITY GRANT PROGRAM (HSGP) FUNDS AND INCREASING THE FISCAL YEAR 2021/22 ADOPTED BUDGET REVENUE AND EXPENDITURES BY $41,111 WHEREAS, the City of San Bernardino has been a participant in the Homeland Security Grant Program (HSGP) for several years and has used funds from the program to purchase equipment that enables the City to better prevent, protect against, mitigate, respond to, and recover from acts of terrorism or other threats; and WHEREAS, on December 8, 2021, the Police Department received notification that the City was awarded $41,111 in HSGP funds from the Fiscal Year 2020 grant program. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to accept the Fiscal Year 2020 HSGP grant in the amount of $41,111 and execute any documents as may be necessary to accept the FY2020 HSGP grant. SECTION 3. The Director of Finance is hereby authorized and directed to appropriate revenue and expenditures of $41,111 into an account to be designated and incorporate the changes in the Fiscal Year 2021/22 Adopted Budget. 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. 14.a Packet Pg. 448 Attachment: Attachment 1 - Resolution 2022-08 - HSGP Grant Acceptance (8729 : Accept 2020 HSGP Grant (All Wards)) Resolution No. 2022- Resolution 2022- Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of January 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. 449 Attachment: Attachment 1 - Resolution 2022-08 - HSGP Grant Acceptance (8729 : Accept 2020 HSGP Grant (All Wards)) 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 19th day of January 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 19th day of January 2022. 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Field, City Manager By: David Green, Interim Chief of Police Subject: MOU with Loma Linda University Children's Hospital (All Wards) Recommendation Adopt Resolution No. 2022-09 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to enter into a Memorandum of Understanding with Loma Linda University Children’s Hospital for forensic interview services at a cost of $21,600 per year through 2024. Background Loma Linda University Children’s Hospital (LLUCH) provides forensic interviews for local law enforcement agencies conducting investiga tions into child abuse. The Police Department and LLUCH have worked together under previous MOUs. Attachment 2 is the most recent MOU for this service. Discussion The Police Department has utilized LLUCH for several years to conduct forensic interviews, assisting investigations into child abuse. Historically, the City has paid for this service on a case-by-case basis. This year LLUCH has restructured their fee schedule basing it on the City’s population. The new fee schedule will allow unlimited use for the flat rate of $21,600 per year. The forensic interviews provided by LLUCH are instrumental in the detection and prosecution of child physical and sexual abusers. This MOU covers the term of July 1, 2021, through June 30, 2024. The FY 2021/22 adopted budget accounted for this expenditure, and therefore does not need to be amended. 2021-2025 Key Strategic Targets and Goals Authorization of this agreement aligns with Key Target No. 3: Improved Quality of Life by assisting in the detection and prosecution of those victimizing children in our community. 15 Packet Pg. 482 8730 Page 2 Fiscal Impact The financial impact to the City is $21,600 per year. There is sufficient funding in the FY 2021/22 Adopted Budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-09, authorizing the City Manager to enter into a Memorandum of Understanding with Loma Linda University Children’s Hospital for forensic interview services at a cost of $21,600 per year through 2024. Attachments Attachment 1 Resolution 2022-09 Attachment 2 Resolution No. 2022-09; Exhibit A - Memorandum of Understanding Ward: All Synopsis of Previous Council Actions: None 15 Packet Pg. 483 Resolution No. 2022-09 Resolution 2022-09 January 19, 2022 Page 1 of 3 RESOLUTION NO. 2022-09 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH LOMA LINDA UNIVERSITY CHILDREN’S HOSPITAL FOR FORENSIC INTERVIEW SERVICES AT A COST OF $21,600 PER YEAR THROUGH 2024 WHEREAS, Loma Linda University Children’s Hospital (LLUCH) provides forensic interviews; and WHEREAS, the Police Department utilizes these interviews to assist in the detection and prosecution of child predators; and WHEREAS, a Memorandum of Understanding is necessary for the Department to continue to receive services; and WHEREAS, public safety is a critical component to the Mayor and City Council’s objectives of improving quality of life and providing a safe community. 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 Memorandum of Understanding with Loma Linda University Children’s Health, attached hereto as Exhibit A. SECTION 3. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there i s 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. 15.a Packet Pg. 484 Attachment: Attachment 1: Resolution No. 2022-09 MOU with Loma Linda University Children's Hospital [Revision 1] (8730 : MOU with Loma Resolution No. 2022-09 Resolution 2022-09 January 19, 2022 Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of January 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. 485 Attachment: Attachment 1: Resolution No. 2022-09 MOU with Loma Linda University Children's Hospital [Revision 1] (8730 : MOU with Loma Resolution No. 2022-09 Resolution 2022-09 January 19, 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. 2022-09, adopted at a regular meeting held on the 19th day of January 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 19th day of January 2022. Genoveva Rocha, CMC, City Clerk 15.a Packet Pg. 486 Attachment: Attachment 1: Resolution No. 2022-09 MOU with Loma Linda University Children's Hospital [Revision 1] (8730 : MOU with Loma 15.b Packet Pg. 487 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 488 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 489 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 490 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 491 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 492 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 493 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 494 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 495 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University 15.b Packet Pg. 496 Attachment: Attachment 2: Resolution No. 2022-09; Exhibit A - Memorandum of Understanding (8730 : MOU with Loma Linda University Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Mitch Assumma, Community Recreation Manager Subject: Kaiser Grant for Operation Splash 2022-2023 (All Wards) Recommendation Adopt Resolution No. 2022-10 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submission of the application for and acceptance of a grant contribution from Kaiser Permanente California Community Foundation, and appropriating funds to the General Fund for the Operation Splash 2022 and 2023 Summer Aquatics Program in the amount of $59,500 for Fiscal Year 2021/22, Fiscal Year 2022/23, and Fiscal Year 2023/24. Background The City, through its Parks, Recreation and Community Services Department, has been awarded grants from the Kaiser Fontana & Ontario Medical Center and Kaiser Southern California Regional Headquarters, consistently since 2009. The grants ranged from $15,000 to $76,500, depending on the year. These grants enabled the swimming pools at Ruben Campos/Nunez, Meadowbrook/Hernandez, Delmann Heights, and Mill Parks to remain open and/or expand services to the low-income community throughout the summer season. The Department has successfully met or exceeded most years’ target funding objectives, including many unforeseen challenges, as provided in successful Progress and Final Reports. Discussion Kaiser has again awarded the City grants for the upcoming two summer seasons. This contribution comes solely from the Southern California Regional Headquarters, as the local Fontana/Ontario Medical Centers' funding priorities have changed. This will cover 18 months of operation, or two summer cycles (2022 and 2023). The award of a Community Benefit Grant from regional Kaiser Permanente Operation Splash Program in the amount of $59,500, will allow the Department to offer low -income youth, ages 6-17 years, the opportunity to learn how to swim or to advance their swimming skills at no cost. Training will take place at several city pools over the course of two summers. It will also allow the department to continue to offer the Junior Lifeguard Program for each of the next two seasons. A portion of the total grant amount (approximately $4,600 for each of the two seasons) 16 Packet Pg. 497 8735 Page 2 has been awarded to fund a Rethink Your Drink campaign designed to get youth and adult swim patrons to consume less sugary beverages through nutrition education. Each of the 2022 and 2023 seasons staff will provide educational materials to all pool visitors, along with other forms of long-term promotion such as a reusable water bottle, refrigerator magnet, grocery tote, and custom -labeled bottle of water with the Rethink Your Drink logo imprinted. Staff will also conduct a Beverage Exchange Program at the Jerry Lewis Swim Center, posting banners at pool facilities, and conducting a series of 10-minute workshops to increase dietary awareness for the beverages they consume. The online application with Regional Kaiser Office was submitted in September 2021 and the contribution was awarded on December 6, 2021. 2021-2025 Key Strategic Targets and Goals The acceptance of the grant contribution aligns with Key Target No. 1: Financial Stability by continuing to seek supplemental grant funding to improve/expand services; Key Target No. 2: Focused, Aligned Leadership and Unified Community by supporting the physical and mental health of community members through aquatics -based services, including lifesaving employment training through a Junior Lifeguard program; and Key Target No. 3: Improved Quality of Life whereby low-income community members are provided free open swim, learn-to-swim classes, and Rethink Your Drink promotional materials to reduce childhood obesity through water play/exercise. The grant funds will provide resources that will create a safe environment for City residents who participate in the Summer Aquatics Program and enable the City to continue to fund the seasonal swim and wellness programs. Fiscal Impact The Kaiser Permanente Southern California Fund for Charitable Contributions of the California Community Foundation contribution is for the term of April 1, 2022, through October 1, 2023, for a total of eighteen (18) months. With the a cceptance of this grant award of $59,500, these funds were anticipated revenue already budgeted for in the current FY 2021/2022 Budget and proposed for inclusion in the FY 2022/2023 and FY2023/2024 budgets, as each Aquatics swim season of Memorial Day thro ugh Labor Day overlaps fiscal years. The funds received in two payments will be distributed into the grant revenue account 123-380-0069-4695 as a Contribution Sponsorship (non- Federal or State Grant), with $29,750 going toward each of the two summer season s 2022 and 2023. There is no City cash match requirement, though the funds may only be used by the City to subsidize the Operation Splash program. The Finance Director or designee is requested to incorporate these funds into the Aquatics program budget as necessary. Conclusion Adopt Resolution No. 2022-10 of the Mayor and City Council of the City of San Bernardino, California, ratifying the submission of an application for and acceptance of a grant contribution from Kaiser Permanente California Community Foundation, and appropriating funds to the General Fund for the Operation Splash 2022 and 2023 Summer Aquatics Program in the amount of $59,500 for Fiscal Year 2021/22, Fiscal Year 2022/23, and Fiscal Year 2023/24. 16 Packet Pg. 498 8735 Page 3 Attachments Attachment 1 Resolution 2022-10 Attachment 2 Exhibit A - Grant Invitation & Application Attachment 3 Exhibit B - Grant Award & Agreement Attachment 4 Exhibit C - 2022 & 2023 Operation Splash Budget Ward: All Synopsis of Previous Council Actions: June 19, 2019 Mayor and City Council ratified the submission of an application for, accepted a Contribution Sponsorship from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program in the amount of $29,750 for each of the 2019 and 2020 summer aquatics programs, and allocated $29,750 in grant funds to each of the FY 2019-2020 and FY 2020-2021 budgets to fund the Summer aquatics programs. June 7, 2017 Mayor and City Council ratified the submission of an application for, accepted a Contribution Sponsorship from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program in the amount of $39,750 for each of the 2017 and 2018 summer aquatics programs, and allocated $39,750 in grant funds to each of the FY 2017-2018 and FY 2018-2019 budgets to fund the Summer aquatics programs. June 15, 2016 Mayor and City Council ratified the submission of an application for, accepted a Contribution Sponsorship from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program for, and appropriated additional General Fund Expenditures in the Amount of $27,000 for the 2016 Summer Aquatics Program. June 15, 2015 Mayor and City Council ratified the submission of an application for, accepted a Contribution Sponsorship from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program for, and appropriated additional General Fund Expenditures in the Amount of $27,000 for the 2015 Summer Aquatics Program. May 5, 2014 Mayor and City Council accepted a $30,000 Grant Award (Contribution Sponsorship) from California Community Foundation and authorized the appropriation of $30,000 in additional grant expenditures for the parks, Recreation and Community Services Department’s 2014 Summer Aquatics Program. 16 Packet Pg. 499 8735 Page 4 May 6, 2013 Mayor and City Council accepted a grant award from Kaiser Permanente Operation Splash Regional Community Benefit Grant Program for funding in the amount of $30,000 and ratified the submittal of an on-line grant application upon invite to Kaiser Permanente Fontana and Ontario Medical Centers Community Benefit Grant Program for funding in the amount of $25,000 to provide for the Parks, Recreation and Community Services Department for the 2013 Summer Aquatics Season. March 19, 2012 Mayor and City Council ratified the submittal of an on-line grant application to Kaiser Permanente Regional Operation Splash Community Benefit Grant Program in the amount of $30,000 for funding of aquatics programs in 2012. December 20, 2010 Mayor and City Council ratified submittal of a grant application to Kaiser Permanente Operation Splash Regional Community Benefits Grants Program in the amount of $20,000.00 to Parks, Recreation and Community Services Department December 21, 2009 Mayor and City Council ratified the submittal of a Letter of Interest to Kaiser Permanente Fontana Medical Center Community Benefit Grants Program for funding in the amount of $25,000.00 to Parks, Recreation and Community Services Department August 3, 2009 Mayor and City Council ratified the submittal of a grant application to Kaiser Permanente Operation Splash Regional Community Benefit Grants Program for the funding amount of 20,000.00 to augment Parks, Recreation and Community Services Department. 16 Packet Pg. 500 Resolution No. 2022-10 Resolution 2022-10 January 19, 2022 Page 1 of 3 RESOLUTION NO. 2022-10 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RATIFYING THE SUBMISSION OF THE APPLICATION AND THE ACCEPTANCE OF THE GRANT CONTRIBUTION FROM KAISER PERMANENTE CALIFORNIA COMMUNITY FOUNDATION, AND APPROPRIATING FUNDS TO THE GENERAL FUND FOR THE OPERATION SPLASH 2022 AND 2023 SUMMER AQUATICS PROGRAMS IN THE AMOUNT OF $59,500 FOR FISCAL YEAR 2021/22, FISCAL YEAR 2022/23, AND FISCAL YEAR 2023/24 WHEREAS, the City submitted an application entitled Operation Splash 2022 & 2023 on September 8, 2021 to the Kaiser Permanente Regional Community Health Contributions Program (“Kaiser Grants Program”) for support for the 2022 and 2023 Summer Aquatics Programs; and WHEREAS, the Notice of Grant Award from Kaiser Permanente California Community Foundation in the amount of $59,500 was received by the Parks, Recreation and Community Services Department on December 6, 2021; and WHEREAS, the City has received through the Kaiser Permanente Regional Community and Fontana/Ontario Medical Centers Operation Splash Health Contributions Program since 2009; and WHEREAS, acceptance of the grant will continue to allow individuals of all ages and abilities participate in various aquatics programs at multiple City pool locations. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Mayor and City Council hereby ratify the submission of the Operation Splash 2022 & 2023 application from the Kaiser Grants Program, marked as Exhibit “A;” and SECTION 3. That the Mayor and City Council ratify the acceptance of the Kaiser Grants Program award of $59,500 and authorize the City Manager, or designee, to execute any additional documents required beyond the Letter of Agreement from the California Community Foundation, marked as Exhibit “B;” and 16.a Packet Pg. 501 Attachment: Attachment 1 - Resolution No. 2022-10 Kaiser Grant for Operation Splash 2022-2023 [Revision 2] (8735 : Kaiser Grant for Operation Resolution No. 2022-10 Resolution 2022-10 January 19, 2022 Page 2 of 3 SECTION 4. That the Director of Finance, or designee, is authorized to allocate accepted grant funds to the general funds budgets as necessary up to the amount of $59,500 for FY 2021/22, FY 2022/23, and FY 2023/24 as shown on attachment marked as Exhibit “C.” 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 19th day of January 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 502 Attachment: Attachment 1 - Resolution No. 2022-10 Kaiser Grant for Operation Splash 2022-2023 [Revision 2] (8735 : Kaiser Grant for Operation Resolution No. 2022-10 Resolution 2022-10 January 19, 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. 2022-10, adopted at a regular meeting held on the 19th day of August 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 19th day of January 2022. Genoveva Rocha, CMC, City Clerk 16.a Packet Pg. 503 Attachment: Attachment 1 - Resolution No. 2022-10 Kaiser Grant for Operation Splash 2022-2023 [Revision 2] (8735 : Kaiser Grant for Operation EXHIBIT A 16.b Packet Pg. 504 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 505 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 506 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 507 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 508 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 509 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 510 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 511 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 512 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 513 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 514 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 515 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- 16.b Packet Pg. 516 Attachment: Attachment 2 - Resolution No. 2022-10; Exhibit A Grant Invitation & Application (8735 : Kaiser Grant for Operation Splash 2022- EXHIBIT B 2022-2023 KAISER GRANT PROGRAM AWARD AND AGREEMENT 16.c Packet Pg. 517 Attachment: Attachment 3 - Resolution No. 2022-10; Exhibit B Grant Award & Agreement (8735 : Kaiser Grant for Operation Splash 2022-2023 16.c Packet Pg. 518 Attachment: Attachment 3 - Resolution No. 2022-10; Exhibit B Grant Award & Agreement (8735 : Kaiser Grant for Operation Splash 2022-2023 16.c Packet Pg. 519 Attachment: Attachment 3 - Resolution No. 2022-10; Exhibit B Grant Award & Agreement (8735 : Kaiser Grant for Operation Splash 2022-2023 16.c Packet Pg. 520 Attachment: Attachment 3 - Resolution No. 2022-10; Exhibit B Grant Award & Agreement (8735 : Kaiser Grant for Operation Splash 2022-2023 EXHIBIT C 2022-2023 OPERATION SPLASH BUDGET 16.d Packet Pg. 521 Attachment: Attachment 4 - Resolution No. 2022-10; Exhibit C 2022-2023 Operation Splash Budget (8735 : Kaiser Grant for Operation Splash 16.d Packet Pg. 522 Attachment: Attachment 4 - Resolution No. 2022-10; Exhibit C 2022-2023 Operation Splash Budget (8735 : Kaiser Grant for Operation Splash 16.d Packet Pg. 523 Attachment: Attachment 4 - Resolution No. 2022-10; Exhibit C 2022-2023 Operation Splash Budget (8735 : Kaiser Grant for Operation Splash 16.d Packet Pg. 524 Attachment: Attachment 4 - Resolution No. 2022-10; Exhibit C 2022-2023 Operation Splash Budget (8735 : Kaiser Grant for Operation Splash 16.d Packet Pg. 525 Attachment: Attachment 4 - Resolution No. 2022-10; Exhibit C 2022-2023 Operation Splash Budget (8735 : Kaiser Grant for Operation Splash 16.d Packet Pg. 526 Attachment: Attachment 4 - Resolution No. 2022-10; Exhibit C 2022-2023 Operation Splash Budget (8735 : Kaiser Grant for Operation Splash Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Police Patrol Vehicle Purchase (All Wards) Recommendation Adopt Resolution No. 2022-11 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 for $83,100, and West Coast Lights & Sirens for $33,100. Background The San Manuel Band of Mission Indians owns and operates the Yaamava ’ Resort and Casino. The resort is located within the City limits of San Bernardino and the San Bernardino Police Department is responsible for po licing the areas surrounding the resort. To support policing operations in the area surrounding the resort, the San Manuel Tribe awarded grant funds in the amount of $120,000 for the purpose of purchasing two police patrol vehicles. These funds were accepted by the Mayor and City Council during a meeting on December 15, 2021, under Resolution 2021-305 and incorporated into the FY 2021/22 Adopted Budget. Discussion The San Bernardino Municipal Code allows the City to purchase from a vendor that has participated in another California government agency’s bidding procedure, provided there is more than one responsive bidder, and the vendor is willing to sell to the City at the established price for the other government agency. The San Bernardino County Sheriff’s Department hosted an open bid process for the purchase of Ford Police Interceptor Utility Vehicles in April 2021, and the Police Department is proposing the use of the Sheriff’s Department’s bid results for the purposes of purchasing two patrol vehicles in compliance with the San Manuel grant. During their bid solicitation, the San Bernardino County Sheriff’s Department solicited bids through an open bid process for vendors to supply 50 Ford Police Interceptor Utility Vehicles for use as patrol vehicles (SBSD Bid # 4199). The Sheriff’s Department’s bidding process was open to the public and 92 vendors were invited to participate by submitting bids. Despite the process being open to the public and a significant outreach to vendors, Fairview Ford was the only bidder to respond. The City of San Bernardino has hosted open bidding processes for the purchase of vehicles and has also encountered similar issues from other vendors that were invited to participate. Fairview 17 Packet Pg. 527 8737 Page 2 Ford has consistently responded to bid solicitations from the City and has won several vehicle purchasing contracts on prior occasions. Since the Sheriff’s Department ordered more than 25 vehicles, Fairview Ford awarded them discount pricing. Fairview Ford has indicated they are willing to se ll vehicles to the City using the Sheriff’s Department’s bid prices, saving the City approximately $1 ,800 to purchase two vehicles. The base vehicle make and model are the same as the vehicles to be purchased by the Police Department, but due to variations in equipment and paint options, the cost to the City to purchase the vehicles will be reduced even further. The table below contains the results: Based on past experiences with the open bid process for vehicle purchases, it is likely that the City would receive the same response rate from vendors that the Sheriff’s Department did. Additionally, the purchase of two vehicles through a separate City run bidding process would not allow the City to benefit from the discounted rate that the Sheriff’s Department received, costing the City additional money to purchase the same type of vehicles. For these reasons, the Police Department is requesting to purchase the vehicles using the San Bernardino County Sheriff’s Department’s bid process and results. After the purchase and delivery of the patrol vehicles, there will be a requirement to install additional emergency equipment for them to operate safely and function as patrol vehicles are required to. On October 6, 2021, the City issued RFQ -F-22-18 requesting bids for the installation of emergency equipment for patrol vehicles. Two vendors responded to the request, West Coast Lights & Sirens, and Detroit LLC. The below table contains the results of the two bids received: Of the two bidders, West Coast Lights & Sirens was found to be the best option bidder based on cost and a history of quality service with the department. The table below depicts the cost of the requested vehicles including emergency equipment: 17 Packet Pg. 528 8737 Page 3 Staff requests the issuance of a purchase order to Fairview Ford for an amount not to exceed $83,100. This request includes an additional 5% contingency to cover any unforeseen expenses. Staff also requests a purchase order be issued to West Coast Lights & Sirens in an amount not to exceed $3 3,100, which includes an additional 8% to cover any unforeseen cost. 2021-2025 Key Strategic Targets and Goals The request to purchase the patrol vehicles through adoption of the Sheriff’s Department’s bidding process and results aligns with Key Target No .1: Financial Stability: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The fiscal impact to the City is an expenditure of $116,200. Grant funds were accepted on December 15, 2021, and will provide sufficient funds for the purchase. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-11, authorizing the Director of Finance to issue purchase orders to Fairview Ford for $83,100 and to West Coast Lights & Sirens for $33,100. Attachments Attachment 1 Resolution 2022-XXX Attachment 2 SBSD Purchase Order Attachment 3 SBSD Bid Documents Attachment 4 SBPD Vehicle Quote Attachment 5 West Coast Lights and Sirens RFQ Ward: All Synopsis of Previous Council Actions: December 15, 2021 Mayor and Council adopted Resolution No. 2021-305, accepting grant funds from the San Manuel Band of Mission Indians for the purposes of improvements to the Animal Shelter, Seccombe Lake Park, and the purchase of two police vehicles. 17 Packet Pg. 529 Resolution No. 2022- Resolution 2022- Page 1 of 3 RESOLUTION NO. 2022- 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 FOR $83,100 AND TO WEST COAST LIGHTS & SIRENS FOR $33,100 WHEREAS, the City of San Bernardino accepted grant funds from the San Manuel Band of Mission Indians in the amount of $120,000 for the purchase of two police patrol vehicles; and WHEREAS, the grant funds were incorporated into the FY 2021/22 Adopted Budget during the meeting of the Mayor and City Council on December 15, 2021, under Resolution 2021- 305. 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 Director of Finance is hereby authorized and directed to issue a purchase order to Fairview Ford in the amount of $83,100 for the purchase of two police patrol vehicles and a second purchase order to West Coast Lights & Sirens in the amount of $33,100 for the installation of patrol vehicle equipment. 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. 17.a Packet Pg. 530 Attachment: Attachment 1- Resolution 2022-11 Police Patrol Vehicle Purchase [Revision 1] (8737 : Police Patrol Vehicle Purchase (All Wards)) Resolution No. 2022- Resolution 2022- Page 2 of 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 19th day of January 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. 531 Attachment: Attachment 1- Resolution 2022-11 Police Patrol Vehicle Purchase [Revision 1] (8737 : Police Patrol Vehicle Purchase (All Wards)) 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. 532 Attachment: Attachment 1- Resolution 2022-11 Police Patrol Vehicle Purchase [Revision 1] (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.b Packet Pg. 533 Attachment: Attachment 2-SBSD Purchase Order (8737 : Police Patrol Vehicle Purchase (All Wards)) 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. 17.b Packet Pg. 534 Attachment: Attachment 2-SBSD Purchase Order (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.b Packet Pg. 535 Attachment: Attachment 2-SBSD Purchase Order (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.b Packet Pg. 536 Attachment: Attachment 2-SBSD Purchase Order (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.b Packet Pg. 537 Attachment: Attachment 2-SBSD Purchase Order (8737 : Police Patrol Vehicle Purchase (All Wards)) 17.c Packet Pg. 538 Attachment: Attachment 3-SBSD Bid Documents (8737 : Police Patrol Vehicle Purchase (All Wards)) 17.c Packet Pg. 539 Attachment: Attachment 3-SBSD Bid Documents (8737 : Police Patrol Vehicle Purchase (All Wards)) 17.c Packet Pg. 540 Attachment: Attachment 3-SBSD Bid Documents (8737 : Police Patrol Vehicle Purchase (All Wards)) 17.d Packet Pg. 541 Attachment: Attachment 4-SBPD Vehicle Quote (8737 : Police Patrol Vehicle Purchase (All Wards)) 17.d Packet Pg. 542 Attachment: Attachment 4-SBPD Vehicle Quote (8737 : Police Patrol Vehicle Purchase (All Wards)) West Coast Lights & Sirens City of San Bernardino RFQ F-22-18 10/28/2021 17.e Packet Pg. 543 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 544 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 545 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 546 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 547 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 17.ePacket Pg. 548Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 549 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 550 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) -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 17.e Packet Pg. 551 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) -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 17.e Packet Pg. 552 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 553 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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 17.e Packet Pg. 554 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) 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. 17.e Packet Pg. 555 Attachment: Attachment 5-West Coast Lights and Sirens RFQ (8737 : Police Patrol Vehicle Purchase (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Intent to Conduct a Public Hearing to Order Street Vacation of a Portion of H Street Recommendation Adopt Resolution 2022-12 of the Mayor and City Council of the City of San Bernardino, California, declaring its intent to conduct a public hearing to order t he vacation of H Street south of 2nd Street. Background Streets and Highways Code (SHC) section 8312, gives a City's legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing, and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office. A petition to vacate a portion of H Street was received on May 24, 2021, from JAKS, LLC. The reason stated for the petition to vacate this portion of H Street is to accommodate a new commercial development and reclaim property that was previously dedicated but no longer in use. On October 6, 2021, the Mayor and City Council authorized staff to proceed with an investigation and analysis as required by SHC to vacate the street. On October 7, 2021, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500’ of the property informing them of the proposed alley vacation. Staff has not received comment from the stakeholder who was notified. On December 14, 2021, the Planning Commission adopted Resolution 2020-040PC forwarding a recommendation of approval to the Mayor and City Council for the Real 18 Packet Pg. 556 8738 Page 2 Property Street Vacation 15.30-436, and the reservation of utilities therein, and finding that the project is Categorically Exempt under the California Environmental Quality Act Discussion If adopted, the Resolution of Intention will set the date, time, and place of the public hearing to March 2, 2022, at 7:00PM and will be held at 555 West 6th Street, San Bernardino, California. At that time, interested parties may present comments or evidence to the Mayor and City Council regarding the proposed alley vacation. The Resolution of Intention will also direct staff to publish notices of the public hearing in the newspaper, as well as, positing notices along the proposed street vacation as required by the SHC sections 8322 and 8323. Following the public hearing, staff will present for the Mayor and City Council’s consideration a Resolution Ordering the Real Property Street Vacation 15 -30-436, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation. The property vacation proceedings are not completed until the Re solution making the final order for Real Property Street Vacation 15.30-436 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacat ion occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target 1d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way. Fiscal Impact No General Fund impacts. Costs incurred with this action will be paid by the applicant in the amount of $2,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2022-12, declaring its intent to conduct a public hearing to order the vacation of H Street south of 2nd Street. Attachments Attachment 1 Resolution 2022-12 Attachment 2 Resolution 2022-12; Exhibit “A” - Legal Description Attachment 3 Resolution No. 2020-040PC Attachment 4 Resolution 2022-12 Exhibit “B” - Aerial Map 18 Packet Pg. 557 8738 Page 3 Ward: 1 Synopsis of Previous Council Actions: October 6, 2021, The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the H Street west of 2nd Street 18 Packet Pg. 558 Resolution No. 2022-12 Resolution 2022- Page 1 of 3 RESOLUTION NO. 2022-12 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO CONDUCT A PUBLIC HEARING TO ORDER THE VACATION OF H STREET SOUTH OF 2ND STREET WHEREAS, the Public Works Department previously received a petition to vacate the H street located south of 2nd Street; and WHEREAS, the real property street vacation will allow for future development of a commercial project, the applicant will be revitalizing the subject site in a manner that will enhance the physical and visual quantities of the subject site thereby enhancing the aesthetics of the surrounding commercial area; and WHEREAS, the existing property will be transformed from vacant site into a development that meets City’s commercial needs while satisfying the Development Code requirements; and WHEREAS, on October 6, 2021, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the alley; and WHEREAS, on October 7, 2021, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, and residents within 500 feet informing them of the proposed street vacation; and WHEREAS, on December 14, 2021, the Planning Commission adopted Resolution No.2020-040PC forwarding a recommendation of approval to the Mayor and City Council for the H Street vacation and finding that the project is Categorically Exempt under California Environmental Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and City Council of San Bernardino, California hereby declare its intention to order the vacation of portions of the H Street south of 2nd Street and the reservation of utilities therein as described on each of the legal descriptions attached hereto and incorporated as Exhibit “A” and depicted on each of the maps attached hereto and incorporated herein as Exhibit “B”. SECTION 2. The Mayor and City Council of San Bernardino, California, in vacating the above-described portions of said streets, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California. 18.a Packet Pg. 559 Attachment: Attachment 1 - Resolution No. 2022-12 Intent to Conduct a Public Hearing to Order Street Vacation of a Portion of H Street Resolution No. 2022-12 Resolution 2022- Page 2 of 3 SECTION 3. The hour of 7:00 p.m., on Wednesday, March 2, 2022, at 555 West 6th Street, San Bernardino, California, is fixed as the time and place when and where all persons interested in or objecting to the proposed vacation areas may appear before the Mayor and City Council of San Bernardino, California and offer evidence in relation hereto. SECTION 4 The Interim Director of Public Works/City Engineer of the City of San Bernardino is hereby directed to cause Notices of Street Vacation to be posted as required by said “Public Streets, Highways and Service Easements Vacation Law.” SECTION 5 The City Clerk shall certify the adoption of this Resolution of Intention and shall cause the same to be published once per week for two successive weeks in The Sun, a newspaper published and circulated in the City of San Bernardino, prior to the above date set forth for the public hearing. SECTION 6. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 18.a Packet Pg. 560 Attachment: Attachment 1 - Resolution No. 2022-12 Intent to Conduct a Public Hearing to Order Street Vacation of a Portion of H Street Resolution No. 2022-12 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 18.a Packet Pg. 561 Attachment: Attachment 1 - Resolution No. 2022-12 Intent to Conduct a Public Hearing to Order Street Vacation of a Portion of H Street 18.b Packet Pg. 562 Attachment: Attachment 2 - Resolution No. 2022-12, Exhibit “A” - Legal Description (8738 : Intent to Conduct a Public Hearing to Order Street 18.b Packet Pg. 563 Attachment: Attachment 2 - Resolution No. 2022-12, Exhibit “A” - Legal Description (8738 : Intent to Conduct a Public Hearing to Order Street 18.b Packet Pg. 564 Attachment: Attachment 2 - Resolution No. 2022-12, Exhibit “A” - Legal Description (8738 : Intent to Conduct a Public Hearing to Order Street 18.c Packet Pg. 565 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 566 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 567 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 568 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 569 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 570 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 571 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 572 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 573 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 574 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 575 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 576 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 18.c Packet Pg. 577 Attachment: Attachment 3 - Resolution No. 2021-040PC [Revision 1] (8738 : Intent to Conduct a Public Hearing to Order Street Vacation of a 9/10/21, 10:22 AM Google Maps https://www.google.com/maps/@34.1022287,-117.3011224,231m/data=!3m1!1e3 1/1 Imagery ©2021 County of San Bernardino, Maxar Technologies, U.S. Geological Survey, Map data ©2021 Google 50 ft 18.d Packet Pg. 578 Attachment: Attachment 4 - Resolution No. 2022-12, Exhibit" B" Aerial Map (8738 : Intent to Conduct a Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Cheryl Weeks, Council Administrative Supervisor Subject: November and December 2021 City Board, Commission, and Citizen Advisory Committee Approved Minutes Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in December 2021. Background On February 7, 2018, the Mayor and City Council adopted general provisions for the City’s boards, commissions and citizen advisory committees under Municipal Code Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council. Discussion In keeping with the reporting requirements established in Municipal Code Chapter 2.17.080 the minutes for the board, commission and citizen advisory committee meetings approved in October and November 2021 are presented for review by the Mayor and City Council including the: 1. Animal Control Commission - November 10, 2021 2. Charter Review Committee - November 4, 2021 3. General Plan Advisory Committee - December 9, 2021 4. Planning Commission - November 9, 2021 5. Water Board - November 23, 2021 2021-2025 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 Goal Number 2 Focused, Aligned Leadership And Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact No fiscal impact to the City. Conclusion It is recommended that the Mayor and City Council of the Cit y of San Bernardino 19 Packet Pg. 579 8740 Page 2 receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in December 2021 . Attachments Attachment 1 City Board, Commission and Citizen Advisory Committee Meeting minutes approved in December 2021 Ward: All 19 Packet Pg. 580 19.a Packet Pg. 581 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 582 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 583 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 584 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 585 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 586 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 587 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 588 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 589 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 590 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 591 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 592 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 593 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 594 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 595 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 596 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 597 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 598 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 599 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 600 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, 19.a Packet Pg. 601 Attachment: Attachment 1 - MCC.November.December 2021 BCCAC Approved Minutes.docx (8740 : November and December 2021 City Board, Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Resolution Approving Applications for Clean California Local Grant Program (All Wards) Recommendation Adopt Resolution No. 2022-07 of the Mayor and City Council of the City of San Bernardino, California, approving the submission of applications for the Clea n California Local Grant Program. Background The Clean California Local Grant Program (“Program”) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and enhance public spaces. Assembly Bill 149 created the Clean California Local Grant Program of 2021 and was codified under Streets and Highway Code §91.41. The Program is one part of the $1.1 billion dollar Clean California initiative that takes direct aim at the time and resources of Caltrans and its partners in collecting, recycling, and disposing of litter and hazardous waste. Staff reviewed the requirements and determined that the City is able to comply with all of the grant conditions. The grant application deadline is February 1, 2022. Discussion The Clean California Local Grant Program, administered by the California Department of Transportation (Caltrans), will provide approximately $296 million as part of a two - year program to beautify, and improve streets, tribal lands, parks, pathways, and transit centers to improve spaces for walking and recreation with all funds to be expended by June 30, 2023. Each grant shall not exceed five million dollars. There is no minimum award. Applicants must be local or regio nal public agencies, transit agencies, or tribal governments. The objectives of the Clean California Local Grant program are the following: • Reduce the amount of waste and debris within the public rights-of-way, pathways, parks, transit centers, and other public spaces. • Enhance, rehabilitate, restore, or install measures to beautify and improve public spaces and mitigate the urban heat effect. • Enhance public health, cultural connection, and community placemaking by 20 Packet Pg. 602 8749 Page 2 improving public spaces for walking and recreation. • Advance equity for underserved communities. Applicants must be local or regional public agencies, transit agencies, or federally recognized tribal governments. Nonprofit organizations may be sub applicants and are encouraged to partner with eligible applicants. Projects that are eligible for consideration include, but are not limited to: • Community litter abatement and beautification projects; and • Community litter abatement events and/or educational programs. The location of the projects within the Clean California Local Grant Program are determined by the applicant. Project locations that can be accessed through the multimodal transportation network are encouraged and can include local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces. The anticipated projects to submit applications, include but are not limited to the following: • 4th Street Alley Beautification Project; • City Gateways Beautification Projects; • 2nd Street Transit Way Project; • Blair Park Beautification Project; and • Nicholson Park Beautification Project. The 4th Street Alley Beautification Project application is being developed by grant developer, Blais and Associates. The applications for the remaining projects will be developed by the City’s incoming grant developer or staff. 2021-2025 Strategic Targets and Goals This request aligns with Key Target 1.c. Financial Stability - Create a framework for spending decisions and Key Target 2.a. Focused, Aligned Leadership and Unified Community - Develop and implement a community engagement plan. If approved, the grant application will leverage State funding to support the major improvements city - wide that have been identified through engagement with the community. Fiscal Impact There is no fiscal impact related to the adoption of this resolution. Conclusion It is recommended that the Mayor and City Council of San Bernardino, California adopt Resolution No. 2022-07approving the submission of applications for the Clean California Local Grant Program. Attachments Attachment 1 Resolution No. 2022-07 Ward: All Synopsis of Previous Council Actions: None 20 Packet Pg. 603 Resolution No. 2022-07 Resolution 2022- Page 1 of 3 RESOLUTION NO. 2022-07 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SUBMITTING APPLICATIONS FOR THE CLEAN CALIFORNIA LOCAL GRANT PROGRAM. WHEREAS, the Clean California Local Grant Program (“CCLGP”) is a competitive statewide program created to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit centers, and other public spaces; and WHEREAS, the CCLGP is administered by the California Department of Transportation (“Caltrans”) and will provide approximately $296 million in funding; and WHEREAS, all projects funded by the CCLGP must be completed and all funds must be expended by June 30, 2024; and WHEREAS, City staff has determined that CCLGP funding would provide much needed assistance to the City; and WHEREAS, the deadline to submit grant applications is February 1, 2022 and grants are schedule to be awarded on March 1, 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 City Manager, or his designee, is authorized to submit applications and any supporting materials needed to support such applications, to Caltrans in order to obtain funding under the Clean California Local Grant Program. 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. 20.a Packet Pg. 604 Attachment: Attachment 1 - Resolution No. 2022-07 Approving Applications for Clean California Local Grant Program [Revision 2] (8749 : Resolution No. 2022-07 Resolution 2022- Page 2 of 3 SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 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. 605 Attachment: Attachment 1 - Resolution No. 2022-07 Approving Applications for Clean California Local Grant Program [Revision 2] (8749 : Resolution No. 2022-07 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 20.a Packet Pg. 606 Attachment: Attachment 1 - Resolution No. 2022-07 Approving Applications for Clean California Local Grant Program [Revision 2] (8749 : Page 1 Request for Future Meeting City of San Bernardino Date: January 19, 2022 To: Honorable Mayor and City Council Members From: Damon L Alexander, Council Member, Ward 7 Subject: Ethics Training for All City Employees (All Wards) (Council Member) 21 Packet Pg. 607