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02-02-2022 Full Agenda Packet
CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, FEBRUARY 2, 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 To view PowerPoint Presentations, written comments, or any revised documents for this meeting date select the link https://tinyurl.com/agendabackup020222 . 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 February 2, 2022 Mayor and City Council of the City of San Bernardino Page 2 Printed 1/28/2022 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 A. 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 De cember 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 B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager) Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 3 Printed 1/28/2022 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES & CONFERENCES/MEETINGS ATTENDED PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA APPOINTMENTS 2. Arts and Historical Preservation Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A. Lara with the term ending December 2022 . Council Staff has verified that the appointee is a registered voter within the City. 3. Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission representing the Mayor. Mr. Quirarte will replace Richard P. Avila with the term ending December 2022. Council Staff h as verified that the appointee is a registered voter within the City. DISCUSSION 4. Mayor, City Council, and Candidate Residency Policy (All Wards) Recommendation Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials. 5. Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 4 Printed 1/28/2022 And, if Council wishes: 2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. 6. Assignment of American Rescue Plan Funds (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve: a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non -Profit Assistance Grant Program, and d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and 3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received. 7. Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards) Recommendation Introduce, read by title only, and waive further reading of Ordinance MC-1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section 2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 5 Printed 1/28/2022 CONSENT CALENDAR 8. Final Reading of Ordinance Amending Chapter 2.82.10 of the San Bernardino Municipal Code, Adjusting the Salary for the Position of Mayor (All Wards) Recommendation Adopt 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 $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. 9. Final Reading of Ordinance Allowing Contract Approval by Minute Action (All Wards) Recommendation Adopt 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. 10. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2021. 11. Investment Portfolio Report for November 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the C ity of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for November 2021. 12. Police Dispatch Employees Memorandum of Understanding (All Wards) Recommendation Adopt Resolution No. 2022-13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City -wide Salary Schedule. 13. Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards) Recommendation Adopt Resolution No. 2022-23 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Lawrence Beach Allen & Choi (LBAC) for representation in the United States District Court Case No. 5:20-CV- 1189-KK. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 6 Printed 1/28/2022 14. Accept FY 2019 Homeland Security Grant (All Wards) Recommendation Adopt Resolution No. 2022-27 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the FY2019 Homeland Security Grant Program (HSGP) funds and increasing the FY2021/2022 Adopted Budget revenue and expenditures by $38,247. 15. Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward 6) Recommendation Adopt Resolution No. 2022-15 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in support of the amendment. 16. Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Wards) Recommendation Adopt Resolution No. 2022-16 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. 17. Amendment No. 1 to Agreement with Advanced Applied Engineering, Inc., DBA Infrastructure Engineers (All Wards) Recommendation Adopt Resolution No. 2022-17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. 18. First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) Recommendation Adopt Resolution No. 2022-18 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project; 2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and 3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 7 Printed 1/28/2022 for a total amount of $241,031. 19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 13, Tax Zone No. 14 (Magic Wash) (Ward 3) Recommendation Adopt Resolution No. 2022-22 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of a special taxes therein. 20. Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards) Recommendation Adopt Resolution No. 2022-19 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project; 2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1); 3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 21. Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation Adopt Resolution No. 2022-20 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262 -021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. 22. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 11, Tax Zone No. 12 (1435 W. (Ward 3) Recommendation Adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein. Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 8 Printed 1/28/2022 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 23. Contract with Placeworks, Separate from the General Plan, to Complete the Restricted Truck Routes Within a One-Year Time Frame. (All Wards) (Council Member Reynoso) 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 16, 2022, in the Council Chamber located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the February 2, 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 28, 2022. I declare under the penalty of perjury that the foregoing is true and correct. ___________________________________ Genoveva Rocha, CMC, City Clerk Regular Meeting Agenda February 2, 2022 Mayor and City Council of the City of San Bernardino Page 9 Printed 1/28/2022 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 age nda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 m inutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to “share” his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, o r committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion he ld by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda u nless 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 February 2, 2022 Mayor and City Council of the City of San Bernardino Page 10 Printed 1/28/2022 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 February 2, 2022 Mayor and City Council of the City of San Bernardino Page 11 Printed 1/28/2022 B) Join the Meeting by clicking on the Zoom link below: https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Meeting ID: 677 845 9453 Passcode: 2021 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677-845-9453 Passcode: 2021 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. Page 1 Closed Session City of San Bernardino Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Sonia Carvalho, City Attorney Subject: Closed Session A. 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 B. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6): Agency Designated Representative: City Manager Employee Organizations: San Bernardino Confidential Management Association (Office of the City Manager) 1 Packet Pg. 12 Page 1 Appointment City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: John Valdivia, Mayor Subject: Arts and Historical Preservation Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission representing the Mayor. Mr. Quirarte will replace Michael A. Lara with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. Background The Arts and Historical Preservation Commission was established by Resolution No. 2018-97 on April 4, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the City. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations related to the designation, preservation and protection of historical properties. Appointees to the commission must have relevant experience or knowledge of visual, performing, literary, and multi -media arts, cultural and architectural heritage 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 C ode, each City Council Member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 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. 2 Packet Pg. 13 8761 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Arts and Historical Preservation Commission with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. Attachments Attachment 1 Commission application - Mr. Alfredo Quirarte Attachment 2 Resolution No. 2018-97 Ward: All 2 Packet Pg. 14 2.a Packet Pg. 15 Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8761 : Arts and Historical Preservation Commission Appointment 2.a Packet Pg. 16 Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8761 : Arts and Historical Preservation Commission Appointment 2.a Packet Pg. 17 Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8761 : Arts and Historical Preservation Commission Appointment 2.b Packet Pg. 18 Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)) 2.b Packet Pg. 19 Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)) 2.b Packet Pg. 20 Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)) 2.b Packet Pg. 21 Attachment: Attachment 2 - Resolution No. 2018-97 (8761 : Arts and Historical Preservation Commission Appointment (Mayor’s Appointment)) Page 1 Appointment City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: John Valdivia, Mayor Subject: Parks, Recreation and Community Services Commission Appointment (Mayor’s Appointment) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission representing the Mayo r. Mr. Quirarte will replace Richard P. Avila with the term ending December 2022. Council Staff has verified that the appointee is a registered voter within the City. Background The Parks, Recreation and Community Services Commission was established by Resolution No. 2018-47 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth and senior affairs within the City. Appointees to the commission must have rel ative experience or knowledge in the area of parks, recreation services, youth and senior services or other areas which relate to the mission and purpose of the Commission. The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council Member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor. 2021-2025 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 the City. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Alfredo Quirarte to the Parks, Recreation and Community Services Commission with the term ending December 2022. Council Staff 3 Packet Pg. 22 8762 Page 2 has verified that the appointee is a registered voter within the City. Attachments Attachment 1 Commission Application - Alfredo Quirarte Attachment 2 Resolution No. 2018-47 Ward: All 3 Packet Pg. 23 3.a Packet Pg. 24 Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8762 : Parks, Recreation and Community Services Commission 3.a Packet Pg. 25 Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8762 : Parks, Recreation and Community Services Commission 3.a Packet Pg. 26 Attachment: Attachment 1 - MCC.Commission Application - Alfredo Quirarte (8762 : Parks, Recreation and Community Services Commission 3.b Packet Pg. 27 Attachment: Attachment 2 - Resolution No. 2018-47 (8762 : Parks, Recreation and Community Services Commission Appointment (Mayor’s 3.b Packet Pg. 28 Attachment: Attachment 2 - Resolution No. 2018-47 (8762 : Parks, Recreation and Community Services Commission Appointment (Mayor’s 3.b Packet Pg. 29 Attachment: Attachment 2 - Resolution No. 2018-47 (8762 : Parks, Recreation and Community Services Commission Appointment (Mayor’s Page 1 Discussion City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Genoveva Rocha, City Clerk Subject: Mayor, City Council and Candidate Residency Policy (All Wards) Recommendation Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials. Background The City of San Bernardino is a charter city operating under a council-manager form of government. The City Charter is the document adopted by voters that defines the organization, powers, functions, and essential procedures of the city government. The Municipal Code contains the local laws and regulations adopted by the Mayor and City Council. In addition to the City Charter and Municipal Code, it is important for the City to implement policies and procedures that ensure City employees, elected and appointed officials operate under a clear set of guidelines that align with the laws and regulations that govern the City. The City Clerk serves as the City's Elections Official and shall carry out or cause to be carried out all the duties imposed on the Elections Official by the California Elections Code, except those duties that may be carried out by the San Bernardino County Elections Official/Registrar of Voters for consolidated elections. 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. Discussion In the City’s General election of November 3, 2020, the process for determining candidate residential eligibility was brought into question by an incumbent. City staff determined that there was no formal policy or process in place for determining how candidates shall provide proof of their residency within their respective ward and/or the City of San Bernardino. The City Charter, Article III, Section 301(b). ‘Eligibility’ states the following: “Only registered voters of the City shall be eligible to hold the office of Council member or 4 Packet Pg. 30 8745 Page 2 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.” Due to the Charter requirements and the lack of a formal residency policy, City staff have determined that there is a need to establish criteria regarding documentation necessary to demonstrate compliance with the City’s residency requirements for candidates of elected office. In addition to requiring candidates to sign an affidavit of residency under penalty of perjury, this policy will also increase transparency in the nomination process for local elected office, as well as continuing proof of residency throughout elected officials’ terms. 2021-2025 Key Strategic Targets and Goals The proposed policy aligns with Key Target No. 1: Financial Stability - (d) Minimize risk and litigation exposure by establishing clear residency guidelines for candidates and elected officials. Conclusion Adopt Resolution No. 2022-24 of the Mayor and City Council of the City of San Bernardino, California, establishing the City of San Bernardino Residency Policy for Municipal Elections Candidates and Elected Officials. Fiscal Impact There is no fiscal impact in adopting the residency policy. Attachments Attachment 1 Resolution 2022-24 Attachment 2 Resolution 2022-24 Exhibit A: Residency Policy Attachment 3 Affidavit of Residence 4 Packet Pg. 31 Resolution No. 2022- Resolution 2022- Page 1 of 3 RESOLUTION NO. 2022-XXX RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A RESIDENTIAL POLICY FOR ELECTIONS CANDIDATES AND ELECTED OFFICIALS WHEREAS, Section 301 of the City of San Bernardino Charter requires. 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 p eriod of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office; and WHEREAS, in recent election cycles, there has been controversy regarding the residency of Council candidates; and WHEREAS, there is a need to establish criteria regarding documentation necessary to demonstrate compliance with the City’s residency requirements for candidates of elected office and to increase transparency in the nomination process for local elected office. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Council adopts the attached Elected Official Residency Policy (Exhibit "A") to establish criteria regarding documentation necessary to demonstrate compliance with the City’s residency requirement in City of San Bernardino City Charter Section 301. SECTION 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. 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. 4.a Packet Pg. 32 Attachment: Attachment 1 - Resolution.No. 2022-24 Mayor, City Council and CandidateResidency Policy (All Wards) (8745 : Mayor, City Council Resolution No. 2022- Resolution 2022- Page 2 of 3 SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 4.a Packet Pg. 33 Attachment: Attachment 1 - Resolution.No. 2022-24 Mayor, City Council and CandidateResidency Policy (All Wards) (8745 : Mayor, City Council 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 4.a Packet Pg. 34 Attachment: Attachment 1 - Resolution.No. 2022-24 Mayor, City Council and CandidateResidency Policy (All Wards) (8745 : Mayor, City Council City of San Bernardino Residency Policy Subject: Residency Policy for Elected Officials and Candidates for Elected Office Purpose: The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City. Authority: Resolution No. 2022-24 SECTION 1 PURPOSE OF POLICY The following policy is enacted to establish what types of supporting documentation can be provided by City Council and Mayoral candidates and sitting City Councilmembers and the Mayor to demonstrate that the candidate or elected official resides in their respective Ward or within the City they will or do represent. Objectives of Policy: 1. To establish what types of documentation are sufficient to establish residency pursuant to Charter section 301. 2. To establish what types of documentation are sufficient to verify continued residency in the Ward or in the City for current elected officials. 3. To protect the interests of all San Bernardino citizens and maintain proper representation by developing policies that will help ensure that the Councilmembers truly reside in the Ward they represent and the Mayor truly resides in the City of San Bernardino. 4. To adopt enabling legislation via a municipal resolution to establish necessary policies. Accomplishing the above stated objectives will help ensure that both the letter and spirit of Charter Section 301 will be implemented as San Bernardino voters intended. 4.b Packet Pg. 35 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual SECTION 2 RESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL CANDIDATES In addition to providing the County of San Bernardino Registrar of Voters proof of voter registration at a residential address in the respective Ward when that residence is claimed by a candidate running for a City Council seat or within the City for the Mayoral seat, candidates must provide no less than two of the following additional documentation to the City Clerk to verify that candidates meet the 30 -day residency requirement. This additional documentation must be current and valid in the candidate's name and residence address for a date not less than 30 days from the date the nomination paper is issued: 1. PROOF OF HOME OWNERSHIP/ RENTAL PROPERTY. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property; or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is the primary residence; or If candidates do not have a tax exemption on file, they must submit an affidavit signed by the candidate under penalty of perjury verifying that the home is the candidate's primary residence; or If the home ownership is in the name of a person other than the candidate, or in the name of a legal entity, such as a trust, partnership, or corporation, the candidate must submit a signed and notarized affidavit, under penalty of perjury, by the homeowner or authorized legal representative of the entity verifying that candidate is living in the home as their primary residence; or If the residence is rented or leased by the candidate, the candidate will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the candidate resided at the specified address at least 30 days prior to issuing the nomination paper; or If a candidate is living at a residence without a lease or rental agreement and whose name otherwise does not appear in the proof of home ownership, the candidate may have the landlord or property owner sign a notarized affidavit 4.b Packet Pg. 36 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual verifying, under penally of perjury, the candidate's residency in the landlord or owner's property. 2. PROOF OF CALIFORNIA MOTOR VEHICLE REGISTRATION WITH INSURANCE. Proof of California motor vehicle registration and current vehicle insurance, if any motor vehicles are registered to the candidate for the residency claimed, or proof of a valid and unexpired California driver's license or identification card showing their name and address is consistent with the address shown on the nomination paper. If the residence address on either the driver's license or auto registration is in the process of being changed to a residence address in the respective Ward that residence is claimed for running for a City Council seat or at an address within the City for a Mayoral seat, the candidate must provide a document from the California Department of Motor Vehicles (Form DMV 14) verifying the change was in process no less than 30 days before the issuing of the nomination paper. If a candidate does not own an automobile or does not have a California driver's license or identification card, the candidate may submit any other State of California issued identification showing the residence address on the identifying document is consistent with the residence address shown on the nomination paper issued. 3. UTILITY BILL. An electric, gas, water, sewer, refuse, internet, cable TV, or landline phone bill in the candidate's name showing that the service address is consistent with the residence address in the candidate's nomination paper. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the candidate's name at the residence address in the candidate's nomination paper that is no less than 30 days from the date of issuance of the nomination paper will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the candidate must submit a notarized affidavit signed by the landlord or the other legal entity's authorized legal representative verifying, under penalty of perjury, that the landlord or other legal entity is responsible for paying the utility bill. 4. OTHER DOCUMENTS WITH CURRENT ADDRESS DATED NOT OLDER THAN 90 DAYS AND NOT LESS THAN 30 DAYS: a. School records or any official document issued by an accredited 4.b Packet Pg. 37 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual educational institution with current address sealed by the school. b. Current paycheck stub or personnel record issued by the candidate's employer showing the candidate's current residence address. c. Current homeowner or renter's insurance policy. d. Current documents issued by any California court or federal court that lists the name of the candidate and the residence address. e. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card. Additionally, the candidate must sign an affidavit, in a form approved by the City Clerk and City Attorney verifying, under penalty of perjury, residency. If the candidate fails to provide any two of the above-required documents (items 1-4) and the required affidavit, the candidate will not be issued the nomination paper for failure to meet the Charter Section 301 Ward residency requirement. SECTION 3 PROVIDING PROOF OF RESIDENCY FOR COUNCIL CANDIDATES Candidates are required to file all of the documents specified in Section 3 above with the San Bernardino City Clerk Office for verification at the time nomination papers are issued. The City Clerk will review and verify that all required information is correct and meets the requirements of this Policy. No later than five (5) calendar days from receipt of the candidate's documents, the City Clerk shall complete the review and verification of the documents. The City Clerk will then do one of the following: A. If all City residency requirements are satisfied pursuant to this Policy, the City Clerk’s Office will provide a correspondence by email or certified mail to the candidate confirming that the candidate has met the City's residency requirements; or B. If any deficiencies are discovered in the documents provided or certain documents are missing, the City Clerk’s Office will provide a correspondence by email or certified mail to the candidate identifying the specific deficiency(ies) or missing document(s). The candidate will have until the closing date of the nomination period to correct the deficiencies and re -submit the required 4.b Packet Pg. 38 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual documents for verification to the City Clerk; or C. If the candidate either fails to complete verification of all of the requirements of this Policy within the prescribed lime limits, or the resubmitted documents do not meet the requirements of the Policy, the City Clerk will provide a correspondence by email or certified mail to the candidate advising them of the failure to meet the requirements of the Policy; or D. If the documents resubmitted by the candidate meet all requirements of this Policy, the City Clerk Office will provide a correspondence by email or certified mail to the candidate confirming that the Policy's residency requirements have been met. SECTION 4 PROVIDING PROOF OF RESIDENCY FOR COUNCILMEMBERS AND MAYOR Councilmembers are required to live in the Ward they represent and the Mayor is required to live in the City of San Bernardino during their entire term in office. To ensure that the Councilmembers and Mayor continue to live in the area they represent, each elected official must submit one of the following documents to the City Clerk during the last 31 calendar days of the year (December 1st to 31st), with the exception of the first year in office: 1. Proof of home ownership as evidenced by 1) a copy of a title deed or grant deed, a mortgage payment billing statement verifying the address or any other document that can verify home ownership and residency of the property, or 2) evidence of a homeowner's property tax exemption filed with the County of San Bernardino Assessor for proof that the home is their primary residence. If the elected official does not have a tax exemption on file they must submit an affidavit signed by the elected official verifying that the home is their primary residence; or If the home ownership is in the name of a person other than the elected official, or in the name of a legal entity, such as a trust, partn ership or corporation, the elected official must submit an affidavit signed by the homeowner or authorized legal representative of the entity verifying that the elected official is living in the home as their primary residence; or 4.b Packet Pg. 39 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual If the residence is rented or leased by the elected official, the elected official will provide proof of residency by submitting a signed copy of a current and legally enforceable lease or rental agreement demonstrating that the elected official resides at the specified address; or If an elected official is living at a residence without a lease/rental agreement the elected official must have the landlord or property owner sign an affidavit verifying, under penalty of perjury, the elected official's residency in landlord or owner's property 2. Proof of current motor vehicle registration, if any motor vehicles are registered to the elected official for the residence claimed or proof of a valid California driver's license showing their address on their license is within the ward they represent or within the City for the Mayor. If the residence address on either the driver's license or auto registration is in process of being changed, the elected official must provide a document from the California Department of Motor Vehicles (Form DMC14) verifying the change is in process. If the elected official does not own an automobile or does not have a California driver's license, the elected official must submit any other State of California issued identification showing that their address on the identification document is consistent with the address shown on their current voter registration. 3. A current utility bill in the elected member's name showing that the service address is within the respective Ward for the Councilmember or within the City for the Mayor in the elected official's name. In the event a utility bill has not been generated, a letter from an authorized representative of the utility provider stating that an account has been opened in the elected official's name will suffice. If there is an agreement with a landlord or other legal entity, as verified by a rental contract or lease contract, that the landlord or other legal entity will pay the utility bill, the elected official must submit an affidavit signed by the landlord or the other legal entity's authorized legal representative, verifying that the landlord or other legal entity is responsible for paying the utility bill. 4. Other documents showing current residence address in the respective Ward for the Councilmember or City for the Mayor: a. School records or any official document issued by an accredited 4.b Packet Pg. 40 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual educational institution, sealed by the school. b. Current paycheck stub or personnel record issued by the elected official's employer. c. Current homeowner or renter insurance policy. d. Current documents issued by any California court or a federal court that lists the name of the elected official and their residence address. e. Original record issued by any state or national bank, state or federal savings association, trust company, industrial loan company, state or federal credit union, or any institution or entity that has issued a credit card. Additionally, the elected official must sign an affidavit verifying, under penalty of perjury, residency. In the event that a Councilmember moved to a new residence within the Ward, or City for the Mayor, after the filing of the previous affidavit, the elected official must confirm the new address within 60 days of moving by providing one of the documents listed in items 1 through 4 under Section 3 and an affidavit to the City Clerk. Incumbent elected officials who have not relocated since the information required by this Section was last provided may comply with this Section by supplying a copy of a current driver's license or State of California issued identification card and an affidavit that they have not relocated and all previously supplied information remains true and correct. The City Clerk shall confirm that the residence address on the incumbent elected official's voter registration is consistent with the other items supplied to demonstrate the residence address in the respective Ward that residence is claimed for serving in a City Council seat or at a residence address within the City for a Mayoral seat. Failure to provide any of the above-required documents on or before December 31st of each year shall be referred to the City Council for further action. 4.b Packet Pg. 41 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual SECTION 5 INVESTIGATION AND ENFORCEMENT Any fraudulent residency complaints shall be submitted to the City Attorney for review and potential investigation. The City Attorney may refer such complaints to the County of San Bernardino District Attorney. The District Attorney shall have the discretion to investigate residency complaints and if sufficient evidence of fraud is found during the investigation, the District Attorney can elect to prosecute. Nothing herein shall preclude the City Council from investigating the matter through other means, for example through a private investigator or outside counsel. In addition, nothing herein shall preclude the City Council from enforcing a violation of this policy in any manner available under applicable law. Nothing herein shall create a private course of action not already available under applicable law. SECTION 6 TRANSPARENCY The City Clerk shall post the names and corresponding Council Ward, as appropriate, consistent with applicable confidentiality laws, of all candidates that have met the residency requirements of this Policy on the City's website and have a hard copy of the list available to be picked up at the City Clerk’s Office during normal business hours. Any confidential information shall be redacted before the public record is made available for inspection in accordance with the Public Records Act. Aft er the election, the list of qualified candidates shall be removed from the City website and hard copies will no longer be available for pickup at the City Clerk’s Office. A copy of this Policy shall be available, year-round on the City's website and a hard copy shall be available by request at the City Clerk Office during normal business hours. This will enable prospective candidates to review the residency requirements pursuant to this Policy. 4.b Packet Pg. 42 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy Residency Policy for Elected Officials and Candidates for Elected Office City of San Bernardino - Administrative Policy Manual SECTION 7 REVIEW The Council may request, at a regularly scheduled meeting, to review the implementation and practice of this Policy and, if necessary, amend the Policy to reflect required changes. SECTION 8 EFFECTIVE DATE This Policy shall take effect upon final passage. This Policy, along with any subsequent amendments, shall be the Council Residency Policy of the City of San Bernardino. Council Residency Policy Adopted February 2, 2022, by Resolution No. 2022-24 4.b Packet Pg. 43 Attachment: Attachment 2 - Resolution No. 2022-24 Exhibit A: Residency Policy (8745 : Mayor, City Council and Candidate Residency Policy AFFIDAVIT OF RESIDENCE Name ________________________________________________________________ Street Address _________________________________________________________ City, State _____________________________________________________________ Zip _________________ Date _________________ City Clerk, I, ____________________________, formally acknowledge living at the street address of ______________________________, City of _________________, State of _____________ since _________________, _______. I have attached the following documents for your consideration showing no less than 30 days of residency address from date of signing this affidavit: Proof of Home Ownership/Rental Property Proof of Motor Vehicle Registration Utility Bill – electric, water, sewer, refuse, internet, cable TV or landline phone services Other: ________________________________________________________________ Furthermore, I swear and affirm under penalty of perjury that the facts set forth in this statement are true and accurate. Executed this ____ day of ____________, 20___, in ________________, California. _____________________________ Declarant’s signature _____________________________ Declarant’s name (printed) ADOPTED BY RESOLUTION NO. 2022-XX ON FEBRUARY 2, 2022 4.c Packet Pg. 44 Attachment: Attachment 3 - Affidavit-of-Residence Fillable (8745 : Mayor, City Council and Candidate Residency Policy (All Wards)) Page 1 Discussion City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; And, if Council wishes: 2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. Background The City of San Bernardino’s current City Charter was adopted by voters on November 8, 2016 and filed with the California Secretary of State on January 31, 2017. San Bernardino is a "charter" city as contrasted to a "general law" city. Under 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”. As a result, charter cities have more legal and operational latitude than do general law cities. The City Charter serves as the City's "constitution" and may only be amended by a majority vote of the people. 5 Packet Pg. 45 8711 Page 2 On April 7, 2021, the City Council requested that staff prepare an overview of the process required to amend the City Charter including the possibility of changing from having a full-time to a part-time Mayor. On May 19, 2021, the City Council received a report on the process required to make an amendment to the City’s Charter. The contents of that report are summarized below. Article X, Section 1000, of the City Charter provides that amendments to the City’s Charter will be made in accordance with the procedures set by the State Elections Code as applicable to charter cities. Under State law, there are a number of ways in which a charter amendment can be brought forward. These include: 1. The Charter Review Committee can draft an amendment for consideration by the City Council; or 2. The City Council can have a draft amendment prepared (with or without the input and recommendation of the Charter Review Committee); or 3. A citizen-led initiative petition signed by 15% of the City’s registered voters and which is otherwise in compliance with the Elections Code can be filed to place a charter amendment on the ballot. The proponents would have 180 days from the receipt of the title and summary to circulate the petition for signatures and the city would have a maximum of 60 working days to certify the signatures. If the petition is found sufficient (in proper form and has enough signatures) the Council would be required by law to place the charter amendment on the ballot for voter consideration. Under State law, charter amendments may only be proposed to voters at a Statewide Primary Election, a Statewide General Election or at the City’s general municipal election, if different from the previous two dates. The next Statewide Primary Election will be June 7, 2022, and the next Statewide General Election will be November 8, 2022. The City’s general municipal election is held on the same date as the Statewide General Election, so only these two dates are available every two -year election cycle to propose charter amendments to the voters. A Council/Committee proposed charter amendment must be called for the ballot at least 95 days before the scheduled election while a citizen-led initiative amendment must be called at least 88 days before the scheduled election. This results in the following deadlines to place a charter amendment on the ballot f or consideration by voters in 2022: • Council/Committee Proposed (95-day): a) March 4, 2022, for June 7, 2022, election b) August 5, 2022, for November 8, 2022, election • Citizen Initiative (88-day): 5 Packet Pg. 46 8711 Page 3 a) March 11, 2022, for June 7, 2022, election b) August 12, 2022, for November 8, 2022, election. At its May 19, 2021 meeting, the City Council voted on a motion that: a) Directed staff to draft language for a ballot measure to eliminate the position of the full-time elected at-large Mayor to be placed on the June 7, 2022, primary election ballot; b) Take necessary action to accomplish the request that if the amendment passes it take effect immediately at the end of the current Mayors term; and c) Come up with a process to elect a rotating Mayor. Discussion Under the current City Charter, the City of San Bernardino (“City”) is governed by an elective Mayor and a City Council consisting of seven council members elected by wards. The Mayor is not a member of the City Council and does not have the auth ority to vote, except in circumstances specified in the City Charter. The elective Mayor serves a four-year term. Previously the elective office of Mayor operated within the context of a strong-mayor form of municipal government. Under this form of government, the elective Mayor had certain administrative powers and authority over staff. When the voters of the City of San Bernardino voted to approve various amendments to the City Charter in 2016, it replaced the strong -mayor form of government and adopted a council-manager form of government which significantly reduced the role and authority of the elective mayor. The Charter amendment left the elective mayor office in place, along with limited duties and responsibilities. On May 19, 2021, the City Council directed the City Manager to research and prepare a proposed ballot measure aimed at amending the City Charter to eliminate the elective office of mayor and establish a form of governance whereby the role of mayor is fulfilled by a member of the City Council, selected by their colleagues. In order to place a proposed measure on the ballot for the June 7, 2022, election for purposes of submitting to the electors the question of whether to amend the City Charter to eliminate the elective office of mayor, the City Council must set forth the exact form of the question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. City Council may also direct the City Clerk to transmit a copy of the measure to the City Attorney for an impartial analysis in accordance with Elections Code section 9280. If so transmitted, the City Attorney must prepare an impartial analysis of no more than 500 words, showing the effect of the measure on the existing law and the operation of th e measure. The analysis must also state that the measure was placed on the ballot by the City Council and be printed before the arguments for and against the measure included on the ballot. For measures placed on the ballot by City Council, any member of the City Council or an individual voter eligible to vote on the measure may file a written argument for or against the city measure. (See Elections Code, § 9282). Other technical rules governing the submission and publication of written arguments are set f orth in 5 Packet Pg. 47 8711 Page 4 Elections Code sections 9282 to 9287 and are generally incorporated into the suggested timeline contained in this report. In accordance with the above-mentioned procedure and additional state requirements, below is a suggested timeline for placement of the Proposed Measure on the June 7, 2022, election ballot: • February 2, 2022 - City Council adopts a resolution that does all of the following: 1. Calls for an election to be held on June 7, 2022, for purposes of submitting the Proposed Measure to the voters; 2. Provides the exact form of the Proposed Measure to appear on the ballot; 3. Orders and requests the election on the Proposed Measure be consolidated with the primary municipal to be held on June 7, 2022; 4. Acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418; 5. Requests that the Board of Supervisors permit the Registrar-Recorder/County Clerk to render specified elections services for the City, including preparation of the City’s election materials; 6. Directs the City Clerk to fix a reasonable date for preparing and printing ballots, arguments, and analysis (see Elec. Code, § 9286); and 7. Authorizes the City Council (or certain Councilmembers) to file an argument regarding the Proposed Measure (see Elec. Code, § 9282) (optional). • February 2022 - City Clerk files Resolution adopted by the Mayor and City Council on February 2, 2022, with Registrar-Recorder/County Clerk requesting the consolidation, ballot measure placement, services, etc. • March 2022 - City Clerk publishes: (1) a synopsis of the Proposed Measure in a newspaper of general circulation (see Elec. Code, § 12111); and (2) reasonable deadlines for submission of impartial analysis, arguments, rebuttals, and 10-day public examination period(s) (see Elec. Code, § 9286). • March 2022 - City Attorney submits impartial analysis to City Clerk per deadline set by City Clerk. • March/April 2022 - Arguments to be filed with City Clerk per published deadlines: o March 21, 2022 at 12:00 p.m. - Primary arguments for or against Proposed Measure to be filed with City Clerk 5 Packet Pg. 48 8711 Page 5 o March 25, 2022 at 5:00 p.m. - Rebuttals to arguments to be filed with City Clerk (see Elec. Code, § 9285(a)(4)) o 10-Day Public Examination Period(s): City Clerk shall schedule any public examination period(s) in accordance with State law (see e.g., Elec. Code §§ 9286, 9295(a)). • June 7, 2022 - Election Day. It should be noted that this is a suggested timeline, and deadlines wit hout specific dates that are subject to some discretion should be decided in coordination with the County Registrar of Voters. A copy of the draft City Charter amendment eliminating the elected at-large Mayor, replaced by a governance model with a Mayor s elected on an annual basis from among the seven elected council members by a majority vote of the City Council , is available in its entirety in clean form as part of the proposed resolution attached as Attachment 1. A redline version showing the proposed changes from the current City Charter is attached hereto as Attachment 2. The current City Charter filed with the California Secretary of State on January 31, 2017, is attached hereto as Attachment 3. 2021-2025 Key Strategic Targets and Goals The review and consideration of a City Charter amendment aligns with Key Target No. 2: Focused, Aligned Leadership. Fiscal Impact There is no financial impact associated with the consideration of a City Charter amendment beyond staff time. If Council decides to move forward with placing the charter amendment on the 2022 ballot, there will be a fiscal impact of $50,000. If the charter amendment is approved by voters, there will be an annual savings of $367,096 with the elimination of the elected at-large Mayor. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Review and consider placement of a charter amendment to eliminate the position of the elected at-large Mayor on the ballot for the June 7, 2022, primary election; And, if Council wishes: 2. Adopt Resolution No. 2022-25 of the Mayor and City Council of the City of San Bernardino, California, submitting to the qualified voters of the City a proposed amendment to the City Charter to eliminate the office of the elected at-large Mayor and replace it with a Mayor appointed on an annual basis from among the seven elected council members at a primary municipal election to be consolidated with the Statewide Primary Election to be held on June 7, 2022; 5 Packet Pg. 49 8711 Page 6 directing the City Attorney to prepare an impartial analysis of the proposed charter amendment; and providing for the filing of primary and rebuttal arguments and setting rules for the filing of written arguments regarding the proposed Charter amendment. Attachments Attachment 1 Resolution No. 2022-25 - Calling for the placement of a charter amendment on the June 7, 2022 ballot Attachment 2 Draft City Charter (Redline) Attachment 3 Current City Charter Ward: All Synopsis of Previous Council Actions: April 7, 2021 The Mayor and City Council requested that staff prepare an overview of the process required to amend the city charter including the possibility of transitioning a full-time to part-time position. May 19, 2021 The Mayor and City Council received a report on the process required to make an amendment to the City’s Charter. After discussion, the City Council voted on a motion requesting staff draft an amendment for Council consideration to be placed on the June 7, 2022, ballot. The proposed amendment to the city’s charter would eliminate the position of a full-time elected at-large Mayor. 5 Packet Pg. 50 RESOLUTION NO. 2022-25 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY A PROPOSED AMENDMENT TO THE CITY CHARTER TO ELIMINATE THE OFFICE OF THE ELECTED AT-LARGE MAYOR AND REPLACE IT WITH A MAYOR APPOINTED ON AN ANNUAL BASIS FROM AMONG THE SEVEN ELECTED COUNCILMEMBERS AT A PRIMARY MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD JUNE 7, 2022; DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE PROPOSED CHARTER AMENDMENT; AND PROVIDING FOR THE FILING OF PRIMARY AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF WRITTEN ARGUMENTS REGARDING THE PROPOSED CHARTER AMENDMENT WHEREAS, the City of San Bernardino (“City”) is governed by an at-large elective Mayor and a City Council consisting of seven councilmembers elected by wards; and WHEREAS, the Mayor is not a member of City Council and does not have the authority to vote, except in circumstances specified in the City Charter; and WHEREAS, the voters of the City of San Bernardino voted to approve various amendments to the City Charter in 2016, including replacing the strong-mayor form of government with a city manager form of government; and WHEREAS, previously, the elective office of Mayor operated within the context of a strong-mayor form of municipal government; and WHEREAS, as the City has implemented the council-manager form of government mandated by the City Charter, it has become clear that the separately elected position of Mayor is a source of tension with the governance model; and WHEREAS, on April 7, 2021, the City Council requested that staff prepare an overview of the process to amend the City Charter including the possibility of changing from having a full- time elected Mayor to a part-time appointed Mayor; and WHEREAS, on May 19, 2021, the City Council received a report on the process to amend the City’s Charter and directed staff to draft an amendment for Council consideration to be placed on the June 7, 2022 Primary Municipal Election ballot which would eliminate the office of a full- time at-large elected Mayor and replace it with a Mayor appointed on an annual basis from among the seven by-ward elected City Councilmembers; and WHEREAS, Article X, Section 1000, of the City Charter provides that amendments to the City’s Charter will be made in accordance with the procedures set by the State Elections Code as applicable to charter cities. 5.a Packet Pg. 51 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter WHEREAS, pursuant to authority provided by California Constitution, Article XI, San Bernardino City Charter Section 1000, California Government Code Sections 34450 et. seq. and California Elections Code Sections 1415 and 9255, the City Council of the City of San Bernardino desires to submit to the voters a proposed amendment to the City Charter which would eliminate the office of the elected at-large Mayor and replace the governance model with a Mayor appointed on an annual basis from among the seven by-ward elected Councilmembers, as more specifically set forth therein (the “Charter Amendment” or “Measure”); and WHEREAS, California Constitution, Article XI, Section 3, requires that any charter amendment be approved by a majority of City voters voting at an election called for that purpose; and WHEREAS, pursuant to California Elections Code sections 1415 and 9255, the City Council is authorized by statute to submit the proposed Charter Amendment to the voters at the Primary Municipal Election to be held on June 7, 2022; and WHEREAS, the City Council desires to consolidate the Primary Municipal Election for the Charter Amendment described herein with the Statewide Primary Election to be held on June 7, 2022; and WHEREAS, the City Council further desires to set deadlines and rules for primary and rebuttal arguments for and against the Charter Amendment. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The Mayor and City Council of the City hereby find and determine that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof. SECTION 2. Submission of Charter Amendment. The Mayor and City Council of the City, pursuant to its right and authority as contained in California Constitution, Art. XI, Section 3, San Bernardino City Charter section 1000, California Government Code, Sections 34450 et. seq., and California Elections Code, Sections 1415 and 9255, and any other applicable requirements of the laws of the State of California relating to charter cities, hereby calls and orders to be held a Primary Municipal Election in the City of San Bernardino to be consolidated with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to a vote of the qualified electors of the City of San Bernardino the following proposed Charter Amendment: “Shall the City Charter of San Bernardino be amended to eliminate the at-large elected office of Mayor and replace the office with a Mayor appointed on an annual basis from among the seven elected councilmembers by a majority vote, and to make further amendments to align the City Charter’s provisions to reflect the change to an appointed Mayor?” YES NO 5.a Packet Pg. 52 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter SECTION 3. Text of Charter Amendment. The text of the Charter Amendment to be submitted to the voters is attached hereto as Exhibit “A and incorporated herein by this reference. SECTION 4. Election Procedures. A. Request for Consolidation. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of San Bernardino is hereby requested to consent and agree to the consolidation of a Primary Municipal Election with the Statewide Primary Election on Tuesday, June 7, 2022, for the purpose of submitting to the voters the Charter Amendment. B. Necessary Steps. The Board of Supervisors is requested to issue instructions to the San Bernardino County Registrar of Voters/Elections Official to take any and all steps necessary for the holding of the consolidated election. C. Canvass of Returns. The San Bernardino County Registrar of Voters/Elections Official is authorized to canvass the returns and perform all other proceedings incidental to and connected with the Primary Municipal Election for the Charter Amendment. The Election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. Pursuant to California Elections Code Sections 10403 and 10418, the election will be held and conducted in accordance with the provisions of law regulating the Statewide Primary Election. D. Costs. The City Council determines and declares that the City will pay to the County the reasonable and actual expenses incurred by the County by the consolidation of the Primary Municipal Election with the Statewide Primary Election. The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. E. Form of Ballot. The ballots to be used at the election shall be in the form and content as required by law. F. City Clerk Authorized to Coordinate with County. The City Clerk is authorized, instructed and directed, in coordination with the San Bernardino County Registrar of Voters/Elections Official, to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. G. Opening and Operation of Polls, Vote Centers, Etc. The polls, vote centers and/or vote-by-mail drop-off boxes shall be open and the procedures for submitting votes-by- mail or votes at polls and vote centers shall be in accordance with those times and procedures established by the County of San Bernardino, except as otherwise provided in the Elections Code of the State of California. H. Election to Follow Applicable Law. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City. 5.a Packet Pg. 53 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter I. Notice of Election. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. J. Tallying of Ballots. All ballots shall be tallied at a central counting place and not at the precincts. Said central counting place shall be at a County center as designated by the Registrar of Voters. K. Receipt of Election Results. The City Clerk of the City of San Bernardino shall receive the canvass as it pertains to the election on the Charter Amendment measure, and shall certify the results to the City Council, as required by law. SECTION 5. Direct Arguments and City Attorney’s Analysis. A. The City Council authorizes (i) the City Council or any member(s) of the City Council, (ii) any individual voter eligible to vote on the above Charter Amendment, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the Charter Amendment, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and may change the argument until and including March 21, 2022 at 12:00 p.m. after which no arguments for or against the Charter Amendment may be submitted to the City Clerk. Arguments in favor of or against the Charter Amendment shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters. C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the Charter Amendment to the City Attorney. The City Attorney shall prepare an impartial analysis of the Charter Amendment, not to exceed 500 words in length, showing the effect of the Charter Amendment on the existing law and the operation of the Charter Amendment. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the voter information guide along with the Charter Amendment as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the Charter Amendment was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the Charter Amendment is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the Impartial Analysis, in no less than 10-font bold type, the following: “The above statement is an Impartial Analysis of Charter Amendment/Measure ____. If you desire a copy of the Charter Amendment/Measure, please call the election official’s office at 5.a Packet Pg. 54 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter (909) 384-5002 and a copy will be mailed at no cost to you.” SECTION 6. Rebuttals. A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the Charter Amendment which will be printed and distributed to the voters, the Clerk shall send copies of the argument in favor of the Charter Amendment to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with the City Clerk not later than March 25, 2022, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. B. That the provisions herein shall apply only to the election to be held on June 7, 2022. SECTION 7. Placement on the Ballot. The full text of the Charter Amendment shall not be printed in the voter information guide, but a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Charter Amendment/Measure, at no cost, upon request made to the City Clerk. SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Charter Amendment attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of San Bernardino County and to the Registrar of Voters/Elections Official of San Bernardino County. SECTION 9. Public Examination. Pursuant to Elections Code section 9295, this Measure will be available for public examination for no fewer than ten (10) calendar days prior to being submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s office of the specific dates that the examination period will run. SECTION 10. CEQA. The Mayor and City Council hereby find and determine that this Resolution and the Charter Amendment relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a “project” within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5). SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. SECTION 12. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption. 5.a Packet Pg. 55 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 5.a Packet Pg. 56 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 5.a Packet Pg. 57 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter EXHIBIT “A” CHARTER AMENDMENT/MEASURE “___” THE PEOPLE OF THE CITY OF SAN BERNARDINO DO HEREBY AMEND THE SAN BERNARDINO CITY CHARTER AS FOLLOWS: SECTION 1. Text of Charter Amendment. Subject to the approval of a majority of the voters of the City of San Bernardino at the scheduled election so designated by City Council resolution placing the proposal on the ballot for such election, the San Bernardino City Charter is hereby amended to read as follows: “ CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers 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 lim iting in any way the general power granted in this article. Section 103. Rights and Succession 5.a Packet Pg. 58 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”). The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. 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 5.a Packet Pg. 59 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. Section 302. Powers and Duties of the Council The Council shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council shall operate as a single unit to serve the best interests of the City. The Council will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. Section 303. Selection, Powers, and Duties of the Mayor and Mayor Pro Tempore At its second meeting in December of each calendar year, the Council shall select a Mayor and Mayor Pro Tempore from one of its own members by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The Mayor or Mayor Pro Tempore may be removed from their role in the same manner. In such event, or in the event either officer resigns the role, the Council shall select a replacement in the same manner. By resolution or ordinance, the Council may establish a rotation system for these roles, limits on the number of consecutive terms a member of the Council may serve in such roles, or both. The Mayor shall have the following powers and perform the following duties, in addition to that official’s powers and duties as a Council Member: (a) Preside over meetings of the Council; (b) Nominate the members and officers of Council committees (committees made up wholly of less than a majority of City Council members), subject to Council ratification; (c) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (d) Represent the City in community and governmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and (e) Execute all ordinances, resolutions, contracts, and other documents as may be requested by the City Council or required by applicable law. The Mayor shall have no administrative, appointment, or removal powers except as otherwise provided in this Charter. 5.a Packet Pg. 60 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least four affirmative votes of the Council. Section 305. Compensation; Expenses Compensation for the Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. No Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not preclude the members of the Council from expressing their views and fully and freely discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. No Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies 5.a Packet Pg. 61 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Council, by a vote of a majority of the entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Council shall establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that 5.a Packet Pg. 62 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter responsibility, brief the Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Council may request regarding operations; (i) Make recommendations to the Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Council members; (k) Assist the Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m) Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for 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. 5.a Packet Pg. 63 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, 5.a Packet Pg. 64 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the majority of the entire Council, as provided in section 304(b) to serve without compensation. The Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. 5.a Packet Pg. 65 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of a majority of the entire Council, as provided in section 304(b). The Council may remove Commissioners in the same manner. Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. The Board shall have the following powers and responsibilities: (a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g) Collaborate with the Council and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h) Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the majority of the entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message 5.a Packet Pg. 66 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Article VIII: ELECTIONS Section 800. City Elections 5.a Packet Pg. 67 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. Section 801. Elective Officers; Terms The elective officers of the City shall consist of seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward by the voters within that ward. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. ARTICLE XI: SEVERABILITY Section 1100. Severability 5.a Packet Pg. 68 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter 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.” SECTION 2. Approval, Filing and Recordation of Charter Amendment. Pursuant to California Government Code Section 34460, if approved by a majority of voters, the Mayor and City Clerk shall certify, authenticate and attest to the passage of this Charter Amendment. The City Clerk shall also (i) record one copy of this Charter Amendment with the San Bernardino County Recorder’s Office, (ii) file one copy in the City’s archives and (iii) file one copy with the California Secretary of State. Each copy recorded with the County Recorder and filed in the City’s archives shall also be filed with the following documents: A. Certified copies of all publications and notices required of the City by State law in connection with the calling of an election to propose the Charter Amendment. B. Certified copies of any arguments for or against the Charter Amendment that were mailed to voters pursuant to California Elections Code Sections 9281 et. seq. C. A certified abstract of the vote at the election at which the Charter Amendment was approved by the voters. SECTION 3. Ratification and Effective Date. Pursuant to California Government Code Section 34459, this Charter Amendment shall be deemed ratified if approved by a majority of the eligible voters of the City of San Bernardino voting at the Primary Municipal Election of June 7, 2022. However, this Charter Amendment shall not take effect until it has been accepted and filed by the Secretary of State pursuant to Government Code Section 34460. SECTION 4. Severability. If any provision of this Charter Amendment or the application thereof to any person or circumstance is held invalid, the remainder of the Charter Amendment and the application of such provision to other persons or circumstances shall not be affected thereby. I hereby certify that the foregoing Charter Amendment was PASSED, APPROVED AND ADOPTED by the People of the City of San Bernardino on the 7th day of June, 2022. John Valdivia, Mayor City of San Bernardino Attest: 5.a Packet Pg. 69 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 5.a Packet Pg. 70 Attachment: Attachment 1 - Resolution 2022-25 Calling for Placement of a Charter Amendment on the June 7, 2022 Ballot (8711 : Charter Table of Contents PREAMBLE 1 ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS 1 Section 100. Name and Boundaries 1 Section 101. Powers of the City 1 Section 102. Interpretation of Powers 1 Section 103. Rights and Succession 1 Section 104. Intergovernmental Relations 2 ARTICLE II: FORM OF GOVERNMENT 2 Section 200. Form of Government 2 ARTICLE III: CITY COUNCIL AND MAYOR 2ARTICLE III: CITY COUNCIL 2 Section 300. General Powers and Duties 2 Section 301. Composition, Eligibility, and Terms 2 Section 302. Powers and Duties of the Council 3 Section 303.Powers and Duties of the Mayor 3Section 303.Selection, Powers,and Duties of the Mayor and Mayor Pro Tempore 3 Section 304. Manners of Action 4 Section 305. Compensation; Expenses 4 Section 306. Prohibitions 4 Section 307. Vacancies; Filling of Vacancies 5 Section 308. Judge of Qualifications 5 Section 309. Council Organization, Meetings and Rules of Order 5 ARTICLE IV: CITY MANAGER 5 Section 400. City Manager Appointment, Qualifications and Compensation 5 Section 401. Powers and Duties 6 ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES 7 Section 501. General Provisions 7 Section 502. Direction by City Manager 7 5.b Packet Pg. 71 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Section 503. Continuation of Departments 7 5.b Packet Pg. 72 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 2 Section 504. City Attorney 7 Section 505. City Clerk 7 Section 506. Departmental Administrators; Appointive Powers 8 Section 507. Services 8 Section 508. Personnel System 8 Section 509. Official Bonds.8 ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES 8 Section 600. General Provisions 8 Section 601. Appointment, Removal, Terms of Office and Procedural Rules 9 Section 602. Library 9 Section 603. Water and Wastewater 9 Section 604. Personnel Commission 10 ARTICLE VII: FINANCIAL MANAGEMENT 10 Section 700. Fiscal Year 10 Section 701. Submission of Budget and Budget Message 10 Section 702. Budget and Capital Improvement Program 10 Section 703. Council Action on the Budget and Capital Improvement Plan 11 Section 704. Independent Audit 11 Article VIII: ELECTIONS 11 Section 800. City Elections 11 Section 801. Elective Officers; Terms 11 Section 802. Number of Wards 12 ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL 12 Section 900. Initiative, Citizen Referendum and Recall 12 ARTICLE X: CHARTER AMENDMENTS 12 Section 1000. Charter Amendments 12 Section 1001. Periodic Review of Charter 12 ARTICLE XI: SEVERABILITY 12 Section 1100. Severability 12 5.b Packet Pg. 73 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) PROPOSED CHARTER of the CITY OF SAN BERNARDINO STATE OF CALIFORNIA PREAMBLE We, the people of the City of San Bernardino, in order to secure the benefits of home rule and a council-manager form of government, hereby adopt this Charter. ARTICLE I: NAME, BOUNDARIES, POWERS, RIGHTS AND SUCCESSION, INTERGOVERNMENTAL RELATIONS Section 100. Name and Boundaries The City of San Bernardino, hereinafter termed the City, shall continue to be a municipal corporation under its present name of “City of San Bernardino.” The boundaries of the City shall be as now established until changed in the manner authorized by law. Section 101. Powers of the City The City shall have all powers possible for a city to have under the constitution and laws of the State of California as fully and completely as though they were specifically enumerated in this Charter. Section 102. Interpretation of Powers The powers of the City under this Charter shall be construed in favor of the City, and the specific mention of particular powers in the Charter shall not be interpreted as limiting in any way the general power granted in this article. Section 103. Rights and Succession The City shall continue to own, possess and control all rights and property of every kind and nature, owned, possessed or controlled by it at the time this Charter takes effect and shall be subject to all of its debts, obligations and liabilities. All ordinances, codes, resolutions, rules, regulations, and portions thereof, in force at the time this Charter takes effect, and not in conflict or inconsistent with this Charter, shall continue in force until they shall have been duly repealed, amended, changed, or superseded by proper authority as provided by this Charter. Subject to the provisions of this Charter, the present officers and employees of the City shall continue to perform the duties of their respective offices and employments under the same 5.b Packet Pg. 74 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 2 conditions as those of the existing offices and positions until the election or appointment and qualification of their successors, subject to such removal and control as provided in this Charter. No action or proceeding, civil or criminal, pending at the time this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or anything herein contained. Section 104. Intergovernmental Relations The City may participate by contract or otherwise with any governmental entity of this state or any other state or states in the United States in the performance of any activity, which one or more of such entities has the authority to undertake, to the maximum extent permitted by applicable law. ARTICLE II: FORM OF GOVERNMENT Section 200. Form of Government The municipal government established by this Charter is the council-manager form of government. ARTICLE III: CITY COUNCIL AND MAYOR Section 300. General Powers and Duties All powers of the City shall be vested in the City Council (“Council”),and to the extent provided in this Charter,the Mayor. The Council shall provide for the exercise and performance of all duties and obligations imposed on the City by State and Federal laws. Except as otherwise required by law, the role of the Council is legislative, which includes the power to set policy, approve contracts and agreements, and undertake other obligations consistent with this Charter and the City’s Municipal Code, while deferring to the discretion of management to choose the appropriate means to achieve the Council’s goals. Section 301. Composition, Eligibility, and Terms (a) Composition. The Council shall be composed of seven (7) Council members. The term “Council,” “legislative body,” or other similar terms as used in this Charter or any other provisions of law shall be deemed to refer to the collective body composed of the Council members. (b) Eligibility. Only registered voters of the City shall be eligible to hold the office of Council member or Mayor. Those elected shall have been qualified electors and residents of their respective wards for a period of at least thirty (30) consecutive days immediately preceding the date of filing their nomination papers for the office. 5.b Packet Pg. 75 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 3 Section 302. Powers and Duties of the Council The Council,in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate togetheras a single unit to serve the best interests of the City. The Council,in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council,in collaboration with the Mayor, shall create and implement a plan to maintain the City’s fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5)or more Council members. Section 303.Selection, Powers,and Duties of the Mayor and Mayor Pro Tempore TheAt its second meeting in December of each calendar year, the Council shall select a Mayor and Mayor Pro Tempore from one of its own members.In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office,the by a vote of a majority of the entire Council, as provided in section 304(b) of this Charter. The Mayor or Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties.may be removed from their role in the same manner. In such event, or in the event either officer resigns the role, the Council shall select a replacement in the same manner. By resolution or ordinance, the Council may establish a rotation system for these roles, limits on the number of consecutive terms a member of the Council may serve in such roles, or both. However,the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action,but may continue to exercise his or her vote as a Council member. Section 303.Powers and Duties of the Mayor The Mayor shall have the following powers and perform the following duties, in addition to others as specified in this Charterthat official’s powers and duties as a Council Member: (a)Attend and preside at meetings of the Council and may participate fully in all discussions,but shall not be entitled to vote except in the event of a tie, to veto a matter,and as otherwise provided in this Charter; (a)(b) Have the authority to veto any Council action approved by fewer than five (5) membersPreside over meetings of the Council; (c)Shall participate in the vote (1)to appoint or remove the City Manager,City Attorney and City Clerk and fix their compensation and (2)to appoint or remove members of boards,commissions or committees,except committees made up wholly of less than a majority of City Council members; (b)(d)AppointNominate the members and officers of Council committees (committees 5.b Packet Pg. 76 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 4 made up wholly of less than a majority of City Council members), and perform other duties as specified by thesubject to Council ratification; (c)(e) Be recognized as the head of the City government for all ceremonial purposes and by the governor for purposes of military law; (f)Be the chief spokesperson for the City;and 5.b Packet Pg. 77 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 5 (d)(g) Represent the City in intergovernmentalcommunity and governmental relations and establish and maintain partnerships and regional leadership roles to advance the City’s interest; and may delegate such roles to other members of the Council;and (e)(h) Execute all ordinances, resolutions and, contracts approved, and other documents as may be requested by the City Council except as otherwise authorized by the City Councilor required by applicable law. The Mayor shall have no administrative, appointment, or removal powers except as otherwise provided in this Charter. The office of Mayor shall be a full-time position and the incumbent shall not engage in any business,professional or occupational activities that interfere with the discharge of the duties of the office. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of the office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present. Section 304. Manners of Action Actions of the Council require a simple majority vote of the quorum present for approval unless: (a) Otherwise required for charter cities under State or Federal law; or (b) Required by this Charter to be approved by at least fivefour affirmative votes of the Mayor and members of the Council. Section 305. Compensation; Expenses Compensation for the Mayor and Council members shall be established by ordinance following a public hearing, giving due consideration to the recommendations of an advisory commission charged with the periodic review of compensation for City-elected officials. Compensation for the Mayor shall be commensurate with that for a full-time position. No ordinance increasing such salaries shall become effective until the date of commencement of the terms of Council members elected at the next regular election. The Mayor and Council members shall receive reimbursement for actual and necessary expenses incurred in the performance of their duties of office. Section 306. Prohibitions (a) Holding Other Office. No Mayor or Council member shall hold any other City office or City employment during the term for which he or she was elected. No former Mayor or Council member shall hold any compensated appointive office or employment with the City until one (1) year after the expiration of the term for which he or she was elected. (b) Conflict of Interest. Elected and appointed officials shall adhere to conflict of interest codes as established by State law and/or City ordinance. (c) Appointments and Removals. Neither the Mayor nor anyNo Council member shall, in any manner, control or demand the appointment or removal of any City administrative officer or employee whom the City Manager is empowered to appoint. This does not 5.b Packet Pg. 78 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 6 preclude the Mayor or members of the Council from expressing their views and fully and freely 5.b Packet Pg. 79 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 7 discussing with the City Manager anything pertaining to the appointment and removal of such officers and employees. (d) Interference with Administration. Neither the Mayor nor anyNo Council member shall interfere with the discretion of the City Manager in the exercise or performance of his or her powers or duties. The Mayor and Council members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and shall not give orders to or attempt to direct the work of such officers and employees either publicly or privately. Inquiries may be made directly to officers and employees under the supervision of the City Manager with the knowledge and consent of the City Manager. Section 307. Vacancies; Filling of Vacancies (a) Vacancies. If the Council determines any of the events enumerated in provisions of the Government Code or California Constitution pertaining to vacancies in public offices have occurred, the Council shall declare a vacancy for the office of Council member or for the office of Mayor. (b) Filling of Vacancies. The method of filling vacancies shall be as prescribed by ordinance. Section 308. Judge of Qualifications The Council shall be the judge of the election and qualifications of its members and whether grounds exist for forfeiture of their office. Section 309. Council Organization, Meetings and Rules of Order The Council shall establish by ordinance the time, place and the method of calling meetings, the rules of order for the conduct of proceedings by the Council,and the order of succession in the event of a vacancy in the office of Mayor. ARTICLE IV: CITY MANAGER Section 400. City Manager Appointment, Qualifications and Compensation The Mayor and Council, by a vote of a majority of the Mayor and entire Council, shall appoint a City Manager and fix the City Manager’s compensation, as provided in section 304(b) of this Charter. The City Manager may be removed by the Mayor and entire Council in the same manner. The City Manager shall be appointed on the basis of education and experience in the accepted competencies and practices of local government management. The Mayor and Council shall 5.b Packet Pg. 80 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 8[Link-to-previous setting changed from on in original to off in modified.]. establish and communicate clear expectations for the City Manager. An evaluation of the City Manager’s performance shall be conducted at least annually. Section 401. Powers and Duties The City Manager shall be the chief executive officer of the City, responsible to the Council for the management of all City affairs placed in the City Manager’s charge by or under this Charter. The City Manager will be the sole authority for managing City operations and appointing and directing City staff, except as otherwise provided in this Charter. The City Manager shall: (a) Appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law, this Charter, or established personnel rules. The City Manager may authorize any administrative officer subject to the City Manager’s direction and supervision to exercise these powers with respect to subordinates in that officer’s department, office or agency; (b) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law; (c) Attend all Council meetings. The City Manager shall have the right to take part in the discussion but shall not vote; (d) Ensure the Mayor and Council are informed on all aspects of important emerging issues, including the City’s financial condition and future needs, and as part of that responsibility, brief the Mayor and Council at their meetings on the business matters before them; (e) See that all laws, provisions of this Charter, and acts of the Council are faithfully executed; (f) Prepare and submit the annual budget and capital improvement program to the Mayor and Council and implement the final budget approved by the Council to achieve the goals of the City; (g) Submit to the Mayor and Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year; (h) Make such other reports as the Mayor or Council may request regarding operations; (i) Make recommendations to the Mayor and Council concerning the affairs of the City and facilitate the work of the Council in developing policy; (j) Provide staff support services for the Mayor and Council members; (k) Assist the Mayor and Council in developing long-term goals for the City and strategies to implement these goals; (l) Be accountable for the implementation of Council goals and policies and the overall performance of the City; (m)Encourage and provide staff support for regional and intergovernmental cooperation; (n) Promote partnerships among the Mayor,Council, staff, and citizens in developing public policy and building a sense of community; (o) Make business and policy recommendations based solely on his or her independent professional judgment and best practices in the interests of the City; and 5.b Packet Pg. 81 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 9 (p) Perform other such duties as are specified in this Charter, by ordinance, or as may be requested by the Council. ARTICLE V: DEPARTMENTS, SERVICES, OFFICERS AND EMPLOYEES Section 501. General Provisions The City Manager may establish City departments, offices, or agencies in addition to those created by this Charter, subject to approval of the City Council, and may prescribe the functions of all departments, offices and agencies to meet the needs of the community in the most effective and efficient manner. Section 502. Direction by City Manager Each City department, office and agency shall be administered by an executive appointed by and subject to the direction and supervision of the City Manager, except the Offices of the Council, Mayor,City Attorney and City Clerk, the Library Board of Trustees, and the Water Board, which shall be administered by their respective executive officers as provided for elsewhere in this Charter but which shall in all other respects be governed by the policies applicable to all other departments, offices and agencies. With the consent of the Council, the City Manager may serve as the executive of one or more such departments, offices or agencies. The City Manager may appoint one person to serve as the executive of two or more departments. Section 503. Continuation of Departments All departments, agencies, offices, and services in existence at the time this Charter is adopted shall continue in the same manner as before the adoption of this Charter, unless and until changed by ordinance or other action approved by the City Council. Section 504. City Attorney A duly qualified City Attorney shall be hired by a vote of a majority of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Attorney may be removed by the Mayor and entire Council in the same manner. The City Attorney shall serve as chief legal advisor to the Council, the City Manager and all City departments, offices and agencies; shall represent the City in all legal proceedings; and shall perform any other duties prescribed by State law, this Charter or by ordinance. Section 505. City Clerk A duly qualified City Clerk shall be hired by a vote of a majority of the Mayor and entire Council, as provided in section 304(b) of this Charter. The City Clerk may be removed by the Mayor and entire Council in the same manner. The City Clerk shall give notice of Council meetings to its members and the public, keep the journal of its proceedings, and shall perform any other duties prescribed by State law, this Charter or by ordinance. 5.b Packet Pg. 82 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 10 Section 506. Departmental Administrators; Appointive Powers Each departmental executive shall have the power to appoint, supervise, suspend, or remove such assistants, deputies, subordinates and employees as are provided for the department, subject to the approval of the City Manager and subject to the provisions of the personnel rules and regulations adopted by the Council. Section 507. Services The City shall provide for a municipal police department. The City also shall provide for community development, finance, fire and emergency medical services, information technology, library, parks and recreation, personnel, public works, water and wastewater, and such other services as the Council deems appropriate for the public’s health, safety and welfare. Section 508. Personnel System All appointments and promotions of City officers and employees shall be made solely on the basis of merit and fitness demonstrated by a valid and reliable examination or other evidence of competence. The administration of employee matters shall be delegated to a personnel or human resources department. Consistent with all applicable Federal and State laws, the Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of the employees of the City’s departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations. Section 509. Official Bonds. The Council shall fix by resolution the amounts and terms of the official bonds of all officers or employees who are required by the Council to acquire such bonds. All bonds shall be executed by a responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his or her bond, for any wrongful act or omission of his or her subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. ARTICLE VI: BOARDS, COMMISSIONS AND COMMITTEES Section 600. General Provisions Each board, commission and committee established prior to the adoption of this Charter shall continue to exist, exercise the powers and perform the duties assigned to it upon adoption of this Charter. However, the Council may alter the structure, membership, powers and duties of 5.b Packet Pg. 83 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 11 boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter. Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of a majority of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law. Section 602. Library A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor andmajority of the entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall: (a) Be responsible for providing adequate library services; (b) Appoint a Library Director; (c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance. Section 603. Water and Wastewater A Water Board of five (5) Commissioners shall be appointed by a vote of a majority of the Mayor and entire Council, as provided in section 304(b). The Council may remove Commissioners in the same manner. Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities: (a)Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law. (b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems. (d)Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law. (e)Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council. 5.b Packet Pg. 84 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 12 (f) Compensate members of the Water Board in accordance with actions of the Water Board following public hearing. (g)Collaborate with the Council,Mayor and City Manager concerning the City’s Water and Wastewater Systems. In this regard, the Council shall take such actions as may be appropriate to enforce rules and regulations of the Board. (h)Establish and periodically review and revise such rules and regulations as may be appropriate for managing the City’s Water and Wastewater Systems. Section 604. Personnel Commission A Personnel Commission consisting of five (5) members shall be appointed by a vote of the Mayor andmajority of the entire Council, as provided for in section 304(b) of this Charter, to serve without compensation. The Mayor and entire Council may remove Commissioners in the same manner. The Commission’s sole responsibility shall be to hear appeals of disciplinary action by City employees, subject to the provisions of adopted labor agreements. Decisions of the Commission shall be final without further review within the City. ARTICLE VII: FINANCIAL MANAGEMENT Section 700. Fiscal Year The fiscal year of the City shall begin on the first day of July of each year and end on the last day of June of the following year. The Council may change the fiscal year by ordinance. Section 701. Submission of Budget and Budget Message At least sixty (60) days prior to the beginning of each fiscal year, the City Manager shall prepare and submit to the Mayor and Council the proposed budget and an accompanying message. The City Manager’s budget message shall explain the budget both in fiscal terms and in terms of the work programs, linking those programs to organizational goals and community priorities. It shall outline the proposed financial policies of the City for the ensuing fiscal year and the impact of those policies on future years. It shall describe the important features of the budget and indicate any major changes from the current year in financial policies, expenditures, and revenues, together with the reasons for such changes. It shall summarize the City’s debt position, including factors affecting the ability to raise resources through debt issues, and include other such material as the City Manager deems desirable. Section 702. Budget and Capital Improvement Program The budget shall provide a complete financial plan of all City funds and activities for the ensuing fiscal year and, except as required by law or this Charter, shall be in such form as the City Manager deems desirable or the Council or Mayor may request for effective management and understanding of the relationship between the budget and the City’s strategic goals. In addition, the City Manager shall prepare and submit a multi-year capital improvement plan (CIP). The CIP shall be revised and extended each year with regard to capital improvements still pending or in the process of construction or acquisition. 5.b Packet Pg. 85 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 13 Beginning in 2018, primary and general election shall be held in said City in consolidation with the State Primary Election and the State General Election and every two (2) years thereafter. City elections shall follow the provisions and procedures of the State Elections Code as applicable to general law cities. The Mayor and Council members shall be sworn in and begin their term of service upon certification of the election results, and shall serve until their successors qualify. To facilitate the transition of elections from odd to even numbered years,consistent with the timing of elections for state and federal offices,the terms of the Mayor and each Council member in office at the time of the adoption of this Charter shall be extended for one (1)year. Section 801. Elective Officers; Terms The elective officers of the City shall consist of a Mayor and seven Council members. Council members shall continue to be elected for terms of four (4) years, with such terms staggered between the wards as established by ordinance. Each Council member shall be elected by ward by the voters within that ward. The City’s budget and CIP should strive to achieve the best practice standards set by the Government Finance Officers Association (GFOA) for distinguished budget presentation. Section 703. Council Action on the Budget and Capital Improvement Plan The Council shall publish a general summary of the budget and CIP and hold one (1) or more public hearings. After the public hearing(s), the Budget and CIP shall be adopted, as they may be amended, by the Council before the beginning of each fiscal year. Section 704. Independent Audit The Council shall provide for an annual independent audit of all City accounts and may provide for more frequent audits as it deems necessary. An independent certified public accountant or firm of such accountants shall make such audits, which should be performed in accordance with General Accepted Auditing Standards (GAAS) and Generally Accepted Governmental Auditing Standards (GAGAS). Using competitive bidding, the Council shall designate such accountant or firm for a period not to exceed five (5) years. As soon as practicable after the end of the fiscal year, a final certified audit and report shall be submitted by such accountant to the Mayor,each member of the Council, the City Manager, Finance Director and City Attorney. Three (3) additional copies shall be placed on file in the office of the City Clerk, where they shall be available for inspection by the general public, and the audit and report shall be published on the City’s website. Article VIII:ELECTIONS Section 800. City Elections Article VIII:ELECTIONS 5.b Packet Pg. 86 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Proposed San Bernardino Charter (Final)Page 14 If any provision of this Charter is held invalid, the other provisions of the Charter shall not be affected. If the application of the Charter or any of its provisions to any persons or circumstance is held invalid, the application of the Charter and its provisions to other persons or circumstances shall not be affected. by the voters within that ward.The Mayor shall continue to be elected at large for a term of four (4)years. Section 802. Number of Wards There shall be seven (7) wards. Section 803. Adjustment of Ward Boundaries Periodic adjustments to ward boundaries shall be made to maintain each in compact form and as nearly equal in population as possible, consistent with applicable State and Federal laws. ARTICLE IX: INITIATIVE, CITIZEN REFERENDUM AND RECALL Section 900. Initiative, Citizen Referendum and Recall Initiatives, citizen referenda, and recalls shall follow the procedures of the State Elections Code, as applicable to general law cities. ARTICLE X: CHARTER AMENDMENTS Section 1000. Charter Amendments Amendments to this Charter shall be made in accordance with the procedures of the State Elections Code, as applicable to charter cities. Section 1001. Periodic Review of Charter By December 2017, the Council shall establish a process to ensure the periodic review of this Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council-manager form of government. ARTICLE XI:SEVERABILITY Section 1100. Severability ARTICLE XI:SEVERABILITY 5.b Packet Pg. 87 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) 0 Table Insert Changes: 0 Table Delete 0 Add Intelligent Table Comparison: Active Table moves to 38 0 Summary report: Litera Compare for Word 11.1.0.69 Document comparison done on 1/21/2022 4:44:31 PM Table moves from 0 Delete Embedded Graphics (Visio, ChemDraw, Images etc.) 100 0 Original DMS: iw://imanage/iManage/34752267/1 Embedded Excel 0 Move From Format changes 0 0 Total Changes: Modified DMS: iw://imanage/iManage/34752267/2 138 Move To Style name: Default Style 5.b Packet Pg. 88 Attachment: Attachment 2 - Draft City Charter (Redline) (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 5.c Packet Pg. 89 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 90 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 91 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 92 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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. 5.c Packet Pg. 93 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 94 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 95 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 96 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 97 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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. 5.c Packet Pg. 98 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 99 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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. 5.c Packet Pg. 100 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 101 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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 5.c Packet Pg. 102 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large 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. 5.c Packet Pg. 103 Attachment: Attachment 3 - Current City Charter (8711 : Charter Amendment to Eliminate the Elected At-Large Mayor (All Wards)) Page 1 Discussion City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Assignment of American Rescue Plan Funds (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve: a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non -Profit Assistance Grant Program, and d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and 3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received. Background The City of San Bernardino was awarded $77 million under the American Rescue Plan Act. The City received $38.5 million in May 2021, and the remainder of the funds are anticipated to be received in 2022. Treasury issued the final rule for the use of the funds on January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City is working within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other allowable investments. 6 Packet Pg. 104 8727 Page 2 Within the allowable investments are public outdoor spaces (parks and recreation facilities, trails, public squares) in QCTs, assistance for small businesses and/or non - profits that can demonstrate a negative impact from COVID-19, aid to households, violence intervention programs, water, sewer, and storm drain improvements, and built environment and building façade improvements. The Mayor and City Council have committed the following ARP funds: Violence Intervention Program $1,000,000 Graffiti, Clean-up, Paintbrush Program $2,000,000 Lead Connector Replacement Program $5,160,000 TOTAL: $8,160,000 Council requested that staff evaluate the possibility of a small business/non -profit grant program, a use of the funds that is specifically eligible with some limitations. Council also asked that $9,000,000 of the ARP funds be “reserved” for the renovation of Seccombe Lake Park in the event that the City was unsuccessful in obtaining the California Statewide Park Development and Community Revitalization Grant for $8,500,000. The planned renovation at Seccombe Lake includes a walking and biking trail, new turf, drought tolerant planting, new playgrounds, new picnic areas with barbecue amenities, and new restrooms, among other improvements, including the decorative and secure perimeter fencing, which is in progress and anticipated to be completed in mid-February. At forty-four acres, Seccombe Lake is the second largest park in the City and is centrally located close to downtown. When the State announced the $548.3 million in grant awards through the California Statewide Park Development and Community Revitalization Grant Program in December 2021, none of the City’s projects received funding. Discussion Small Business and Non-Profit Assistance. Providing assistance to small businesses and non-profits that can demonstrate a negative impact from the COVID-19 pandemic is specifically allowed under the current rules and is a priority of Council. Staff recommends an allocation of $4,000,000 to establish a grant program. The final rule and compliance and reporting guidance establish the following foundational criteria for such a program: 1. Applicant must have experienced a negative economic impact due to the pandemic. a. Business/non-profit can provide proof of negative impact, or b. Business/non-profit is part of a class or serves an area that is presumed to have been impacted or disproportionately impacted. 2. Business applicants must be a “small” business. a. Treasury uses the Small Business Administration definition of less than 6 Packet Pg. 105 8727 Page 3 500 employees. b. Council may develop a more restrictive, but not less restrictive, definition for the program. 3. Assistance is allowed for existing businesses or start-ups if the start-up can be shown to be part of a disproportionately impacted class. 4. Grant applications should contain information including: a. How the funds will help to mitigate the negative economic impact of the pandemic, and/or b. How the funds will improve future financial resiliency. 5. Grants may be for operating and/or capital needs. a. Operating i. Payment of regular expenses (e.g., payroll, utilities, rent) ii. Purchase of non-capital equipment (e.g., computers) b. Capital i. Investments in building systems (e.g., HVAC) ii. Purchase of capital equipment (e.g., vehicles) (Treasury.gov, Coronavirus State and Local Fiscal Recovery Funds, Final Rule, January 6, 2022) Other parameters, such as requiring a business or non -profit be locally owned, or have a location within the City, are not specified by Treasury. Staff recommends that a business or non-profit should have a location in San Bernardino or be able to prove that they serve the San Bernardino community. Staff will review State guidelines for grant eligibility to determine if they can be used within the requirements provided by Treasury. Additionally, Treasury has provided examples of successful grant programs to aid in the development of the application process and criteria for award for staff to reference if State guidelines are not alignment with the final rule, including the City of Austin’s Small Business Relief Grant program. (<https://www.austintexas.gov/department/austin-small- business-relief-grant>) Direct beneficiary grants of up to $50,000 do not require detailed obligation information and performance reporting by the grantee after th e award. Council guidance was for grants of $5,000 to $35,000. Setting a minimum helps to limit staff time reviewing applications for very small awards and ensures that the amount of the awards is substantive enough to make a difference. Any maximum up to $50,000 enables the City to have a positive impact without burdening the grantees with performance reporting. (Coronavirus State and Local Fiscal Recovery Funds, Compliance and Reporting Guidance Update 2.1, November 15, 2021). Staff recommends that one-quarter of the $4,000,000 ($1,000,000) be assigned to the Aspen Institute initiative to fund policies, programs, or practices that stabilize and grow 6 Packet Pg. 106 8727 Page 4 Latino-owned/Black-owned businesses in the City of San Bernardino. This would include but is not limited to access to capital, cross-sector supplier diversity, business ecosystem growth, and accelerator/incubator facilities that target entrepreneurs in the City. The structure of the program for applicants is not specified by Treasury and there are options for implementation. The City can either set a timeframe for applications with a set due date or allow rolling applications until the dedicated funds are exhausted. In either case, staff recommends dedicating the funds in two tranches of $1,500,000 each (exclusive of Aspen Institute initiative funding). Rolling applications is more manageable for staff; applications can be reviewed as they come in as opposed to requiring dedicated staff to review all applications in a short timeframe. With approval, staff will work to develop applications and award criteria, with a goal of accepting applications beginning in May 2022, and making awards beginning July 1. Seccombe Lake. Seccombe Lake Park is in the First Ward and in census tract 58.00, a QCT, making it eligible for the use of ARP funds under the current rules. (State and Local Fiscal Recovery Funds, Frequently Asked Questions 2.18, 2021) As discussed above, Council asked that $9,000,000 of ARP funds be reserved for the Seccombe Lake Park project in case the City did not receive State grant funding. Just days after learning that the City was not awarded State grant funding, the City received notice of a grant award of $1,000,000 toward the project from the San Manuel Band of Mission Indians. This funding will provide much needed financial assistance for the project. Nevertheless, staff recommends committing the originally planned $9,000,000 to ensure that the project is adequately funded in light of significant increases in construction costs and materials. It is important to note that the assignment of ARP funds to Seccombe Lake Park does not displace funding for any of the other park projects that are eligible for funding with ARP funds. These include playground equipment at Manuel Moreno and Nuñez Parks (Ward 1), baseball and softball field refurbishment at Encanto (Ward 6) and Fiscalini (Ward 2) Fields, and the full redevelopment of Delmann Heights Park (Ward 6). Nicholson Park. The redevelopment of Nicholson Park (Ward 6) is a necessary improvement for the neighborhood served by the park. Closed for more than eight years, the decline of the park has become a symbol of the City’s neglect of community assets during and after the bankruptcy. The park serves a diverse neighborhood that includes several mobile home parks. The estimated cost for a complete renovation of the park is $10,000,000. The City has received permission from the Department of Housing and Urban Development (HUD) to use $1,000,000 in CDBG funds toward the Nicholson Park renovation and will also use the $150,000 received as a settlement for Meadowbrook Bridge, bringing the commitment of ARP funds needed to complete the project to $8,850,000. Staff has included Nicholson Park in the ARP funding plan; however, Nicholson Park is not located in a QCT. It is in census tract 44.01, which is not a QCT but serves a 6 Packet Pg. 107 8727 Page 5 population that includes a QCT (census tract 44.04). Staff submitted a request to the US Treasury Department for clarification of eligibility because, as noted above, the City has received authorization to use HUD CDBG funding for Nicholson Park based on the service area. The Treasury Department has responded that there will be no pre - authorization or pre-approval of projects for any ARP fund recipients. The uncertainty makes funding Nicholson Park with ARP funds a risk; however, given the direction from Treasury in the final rule to use demographic and community information to justify investments, staff believes that Nicholson Park falls within the spending guidelines. The final rule expanded the list of enumerated projects that are generally eligible if a neighborhood is identified as having been disproportionately impacted by the pandemic. Specifically, Treasury has provided a rule for determining the impact of the pandemic by geographic area using Area Median Income (AMI). Areas that can be designated “low - income” can be presumed to have suffered a greater negative economic impact from the pandemic. Low-income areas are identified by comparing the median income of the specific area (in this case census tract 44.01) to a calculated low-income threshold for a family of three for the County in which the area is located. The County of San Bernardino low-income threshold is $40,626 and the AMI for Census Tract 44.01 is $34,524, well below the threshold. Because Nicholson Park serves a low-income area in tract 44.01 and serves tract 44.04, a QCT, staff believes that renovating the park falls within the allowable use of ARP funds. (Treasury.gov, State and Local Fiscal Recovery Funds, Tool for Determining Low and Moderate Income (LMI) Households <https://home.treasury.gov/system/files/136/SLFRF-LMI-tool.xlsx>, 2022.) Additionally, Nicholson Park serves an area with high gang activity. Having a usable park with programming available for neighborhood y outh is a key component in violence intervention, an area of investment that is specifically allowed under the final rule. (Treasury.gov, Coronavirus State and Local Fiscal Recovery Funds, Final Rule, January 6, 2022.) Both the Seccombe Lake and Nicholson Park projects, because they are capital investments of more than $1,000,000, require the City to submit written justification to Treasury for the projects. The final rule discussion of capital investments is focused on the timing of projects as part of a response to the pandemic. The rule states, “the time required for a large construction project may make capital expenditures less responsive to pandemic-related needs relative to other types of responses.” (Coronavirus State and Local Fiscal Recovery Funds, Final Rule: Overview of General Standards, January 2022) In the case of these two parks, the City of San Bernardino is uniquely able to address health outcomes with the capital investment of ARP funds, and do so within a shorter timeframe because of the extent of community outreach and planning that has already been completed. Other Parks Projects. The final rule reiterates previous guidance that investments in disproportionately impacted neighborhoods, including parks, trails and other improvements that can be linked to better health outcomes are eligible for ARP funds. (Coronavirus State and Local Fiscal Recovery Funds, Overview of the Final Rule, January 2022) The following projects are eligible and located within QCTs. 6 Packet Pg. 108 8727 Page 6 Park and Ward Project Cost Roosevelt Bowl (Ward 2) Renovation $600,000 Lytle Creek Park (Ward 3) Conversion of disused parking lot to a soccer field $600,000 TOTAL $1,200,000 Both of these investments make improvements that encourage use of the City’s parks and enable outdoor activities with social distancing. The Roosevelt Bowl can host outdoor events that are safer for residents during the pandemic. The improvement to Lytle Creek will provide more opportunity for youth in the surrounding neighborhoods to engage in healthy outdoor activity, which is linked not only to improvements in health outcomes but also is a key part of violence intervention and reduction programs. Council’s direction to use ARP funds for the City’s parks, violence intervention program, aid for small businesses, graffiti abatement, clean-up of abandoned store fronts and replacement of lead water service connectors are key investments in the community that, in addition to the significant investments in infrastructure improvements citywide, demonstrate a commitment to the City and the residents of San Bernardino. Staff will continue to monitor guidance from Treasury on the use of ARP funds for additional investment opportunities and update the Mayor and City Council. 2021-2025 Key Strategic Targets and Goals The use of the American Rescue Plan Funds as outlined aligns with Key Target No. 3. Improved Quality of Life by investing in projects and services that positively impact health, access to shelter and services, and improve the outdoor and built environment in the San Bernardino community. Fiscal Impact There is no General Fund fiscal impact associated with the use of American Rescue Plan funds. Capital Projects Revenue (American Rescue Plan Reserve) $(23,050,000) Expenditures Small Business/Non-Profit Assistance Grants 4,000,000 Seccombe Lake Park Renovation 9,000,000 Nicholson Park Renovation 8,850,000 Roosevelt Bowl Renovation 600,000 Lytle Creek Parking Lot/Soccer Field 600,000 Total Planned Expenditures $ 23,050,000 NET $ -0- American Rescue Plan Act State and Local Fiscal Recovery Funds Reconciliation Funds Received $ 38,500,000 6 Packet Pg. 109 8727 Page 7 Funds to be received May 2022 38,500,000 TOTAL ARP funds 77,000,000 Commitments Violence Intervention Program 1,000,000 Graffiti, Clean-up and Paintbrush Program 2,000,000 Water Lead Service Connector Replacement Prog. 5,160,000 Small Business/Non-Profit Grant Program 4,000,000 Seccombe Lake Park 9,000,000 Nicholson Park 8,850,000 Roosevelt Bowl 600,000 Lytle Creek Soccer Field 600,000 TOTAL Commitments 31,210,000 Remaining ARP Funds to be assigned $ 45,790,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-26 assigning, from American Rescue Plan (ARP) funds held in reserve: a. $9,000,000 to the Seccombe Lake Park Project in lieu of future grant funding, b. $8,850,000 to the Nicholson Park Project in lieu of future grant funding, c. $4,000,000 to the Small Business and Non -Profit Assistance Grant Program, and d. $1,200,000 for renovation of the Roosevelt Bowl, and the conversion of the disused parking lot in Lytle Creek Park to a soccer field; 2) Authorize the Finance Director to amend the FY 2021/22 Operating and Capital Budget by $23,050,000; and 3) Direct the City Manager to continue to pursue grant opportunities for the Seccombe Lake Park renovation project and the Nicholson Park renovation project, and if grant funds become available before the deadline for the commitment of ARP funds, authorize the Finance Director to reassign back to reserves for reallocation by Council the ARP funds herein assigned for Seccombe Lake or Nicholson Park in lieu of grant funds the equivalent amount of any grants received. Attachments Attachment 1 Resolution No. 2022-26 Attachment 2 Qualified Census Tract Map Overlay Attachment 3 Seccombe Lake Park project map Attachment 4 Nicholson Park project map Attachment 5 Presentation Slides 6 Packet Pg. 110 8727 Page 8 Ward: All Synopsis of Previous Council Action: August 4, 2021 Mayor and City Council received a report and discussed the allocation of American Rescue Plan funds. October 20, 2021 Mayor and Council committed American Rescue Plan funds to eligible projects and programs, and amended the 2021/22 Budget by $8,160,000. Resolution 2021-247 6 Packet Pg. 111 Resolution No. 2022- Resolution 2022- Page 1 of 4 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ASSIGNING FUNDS FROM THE AMERICAN RESCUE PLAN (ARP) HELD IN RESERVE: $9,000,000 TO THE SECCOMBE LAKE PARK PROJECT IN LIEU OF FUTURE GRANT FUNDING, $8,850,000 TO THE NICHOLSON PARK PROJECT IN LIEU OF FUTURE GRANT FUNDING, $4,000,000 TO THE SMALL BUSINESS AND NON-PROFIT ASSISTANCE GRANT PROGRAM, $1,200,000 FOR RENOVATION OF THE ROOSEVELT BOWL AND THE CONVERSION OF THE DISUSED PARKING LOT IN LYTLE CREEK PARK TO A SOCCER FIELD; AUTHORIZING THE FINANCE DIRECTOR TO AMEND THE FISCAL YEAR 2021/22 CAPITAL BUDGET BY $23,050,000; AND DIRECT THE CITY MANAGER TO CONTINUE TO PURSUE GRANT OPPORTUNITIES FOR THE SECCOMBE LAKE RENOVATION PROJECT AND THE NICHOLSON PARK RENOVATION PROJECT AND IF GRANTS FUNDS BECOME AVAILABLE BEFORE THE DEADLINE FOR COMMITTING ARP FUNDS, AUTHORIZING THE FINANCE DIRECTOR TO REASSIGN BACK TO RESERVES FOR REALLOCATION BY COUNCIL THE ARP FUNDS HEREIN ASSIGNED FOR SECCOMBE LAKE OR NICHOLSON PARK IN LIEU OF GRANT FUNDS IN THE EQUIVALENT AMOUNT OF ANY GRANT RECEIVED WHEREAS, the City considers the Seccombe Lake Park renovation project an important project to move the City forward and to build community; and WHEREAS, the City did not receive grant funding for the Seccombe Lake Park renovation project from the California Statewide Park Development and Community Revitalization Grant Program; and WHEREAS, the City recognizes Nicholson Park, the Roosevelt Bowl and Lytle Creek Park as important community assets that serves low-income areas; and WHEREAS, parks and recreation facilities are critical to the health and well-being of San Bernardino residents; and WHEREAS, a small business and non-profit grant program will help the community and residents recover from the COVID-19 pandemic; and WHEREAS, the City of San Bernardino has been granted $77 million in American Rescue Plan Act funds; and 6.a Packet Pg. 112 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan Resolution No. 2022- Resolution 2022- Page 2 of 4 WHEREAS, the City has received $38.5 million and anticipates receiving the remaining $38.5 million in mid-2022; and WHEREAS, the final rule for the use of ARP funds provides guidance that indicates that all of the above projects are eligible for ARP funding. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Mayor and City Council hereby authorize the Finance Director to amend the FY 2021/22 Capital Budget by $23,050,000 of American Rescue Plan Act funds for the Small Business/Non-Profit Grant Program, renovation of the Roosevelt Bowl, conversion of the disused parking lot at Lytle Creek Park to a soccer field, and the Seccombe Lake Park and Nicholson Park renovation projects in lieu of available grant funding. If grant funds for the Seccombe Lake and/or Nicholson Park renovation projects become available within the timeline for the commitment of ARP funds, Mayor and City Council hereby authorize the Finance Director to reassign an amount of the funds herein assigned to the project equal to any grant(s) received back to reserves to make them available for reassignment to ARP eligible projects by Council. 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. 6.a Packet Pg. 113 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan Resolution No. 2022- Resolution 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 6.a Packet Pg. 114 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan Resolution No. 2022- Resolution 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-___, 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 ____________ 2021. Genoveva Rocha, CMC, City Clerk 6.a Packet Pg. 115 Attachment: Attachment 1 - Resolution 2022-26 Budget Amend ARP 02.02.2022 [Revision 4] (8727 : Assignment of American Rescue Plan 6.b Packet Pg. 116 Attachment: Attachment 2 - QCT and Ward Map 2021 (8727 : Assignment of American Rescue Plan Funds (All Wards)) Existing Ornamental Safety Fencing New Ornamental Safety Fencing Nine New Exercise Equipment Stations Walking, Biking, Exercise Trails Concept Design 6.c Packet Pg. 117 Attachment: Attachment 3 - Seccombe Lake Concept Design (8727 : Assignment of New Playgrounds New Picnic Area with BBQ Amenities New Picnic Area with BBQ Amenities Bridge Refurbishments New Restroom New Restroom New Restroom Concept Design 6.c Packet Pg. 118 Attachment: Attachment 3 - Seccombe Lake Concept Design (8727 : Assignment of Irrigation and Turf Renovation Irrigation and Drought-Tolerant Planting Concept Design 6.c Packet Pg. 119 Attachment: Attachment 3 - Seccombe Lake Concept Design (8727 : Assignment of 6.d Packet Pg. 120 Attachment: Attachment 4 - Nicholson Park Concept Plan (8727 : Assignment of American Rescue Plan Funds (All Wards)) American Rescue Plan Discussion and Planning Barbara Whitehorn, Finance Director February 2, 2022 6.e Packet Pg. 121 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Discussion and Planning Presentation Overview •Background •Allocation and Restrictions •Final Rule •Recommended Areas of Investment •Progress Report •Next Steps •Discussion 2 6.e Packet Pg. 122 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Background 3 •San Bernardino’s Allocation: $77 Million •Final Rule Issued January 6, 2022, effective 4/1/2022 •Limitations on Spending remain •Additional requirements for capital projects that are not water related •Opportunities in Qualified Census Tr acts (QCTs) •All funds must be obligated by Dec. 31, 2024, and spent by Dec. 31, 2026 6.e Packet Pg. 123 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Investments 4 Small Business and Non-Profit Grant Program •Negative economic impact due to pandemic •Operating or capital •Maximum of $50,000 to limit reporting burden •Council: $5,000 to $35,000 $3,000,000 6.e Packet Pg. 124 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Investments 5 •Existing Businesses and Non-Profits •Prove negative economic impact •Areas and populations designated as having been disproportionately impacted do not need proof •Start-ups •Must be designated as disproportionately impacted to be eligible •Aspen Initiative •Stabilize and grow Latino-owned and Black-owned businesses •Recommend dedicating $1,000,000 $4,000,000 -$3,000,000 general; $1,000,000 Aspen Institute 6.e Packet Pg. 125 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Investments 6 Seccombe Lake Park Renovation •Public outdoor recreation space •Located in a QCT •Close to downtown •Serves residents citywide as well as in surrounding neighborhoods $9,000,000 6.e Packet Pg. 126 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Investments 7 Nicholson Park Renovation •Public outdoor re creation space •Not located in a QCT •Service area includes low- income and QCT •Area with high gang activity $8,850,000 6.e Packet Pg. 127 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Investments Ro osevelt Bowl Renovation •Outdoor amphitheater •Built in 1934 as part of the Work Progress Administration (WPA) •Located in a QCT •Provides additional outdoor options fo r safe, socially distanced entertainment $600,000 8 6.e Packet Pg. 128 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Investments 9 Ly tle Creek Park –New Soccer Field •Public outdoor recreation space •Located in a QCT •Convert disused parking lot on north end of park to a soccer field $600,000 6.e Packet Pg. 129 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Re commendations Category Small Business and Non-Profit Assistance Program $ 4,000,000 Seccombe Lake Park Renovation 9,000,000 Nicholson Park Renovation 8,850,000 Roosevelt Bowl Renovation 600,000 Ly tle Creek Park Soccer Field 600,000 TOTAL $ 23,050,000 10 6.e Packet Pg. 130 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds –Progress on Commitments 11 Violence Intervention Program •Request for Proposals (RFP) closed 1/18/2022 •Four responses, under initial review by Purchasing Manager •Next Steps: •Review panel evaluation •Site visits, agency interviews •Staff will bring recommendation and decision criteria to Council as requested Graffiti, Clean-up and Pa intbrush Program •Clean-up RFP responses received •Costs exc eeded funds available •Staff evaluating bringing clean-up in house •Graffiti and Paintbrush Program RFP responses received and under review 6.e Packet Pg. 131 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds –Progress on Commitments 12 Wa ter Lead Connector Replacement Program •Design RFP in development, anticipated to be issued end of February •Next Steps: •Award design (anticipated by end of fiscal year) •Design work, 6-9 months •Construction to begin in late spring 2023 6.e Packet Pg. 132 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Rescue Plan Funds –All Funds and Commitments To tal ARP Allocation $ 77,000,000 Recommendations February 2, 2022 $ 23,050,000 Previously Committed: Violence Intervention Program 1,000,000 Graffiti, Clean-up, Paintbrush Program 2,000,000 Wa ter Lead Connector Replacement Program 5,160,000 TOTAL Commitments $ 31,210,000 Remaining Unallocated ARP Funds $ 45,790,000 13 6.e Packet Pg. 133 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Re scue Plan Funds –Next Steps Next Steps –Staff •Establish grant program parameters and application •Begin work on projects •Eva luate and cost any new Council recommendations •Continue to update Council with new or changing guidance from Treasury 14 Next Steps -Council •Mid-Ye ar Report (2/16/2022) •Progress Report on all ARP commitments (March/April) 6.e Packet Pg. 134 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All DISCUSSION 15 6.e Packet Pg. 135 Attachment: ARP Presentation 02.02.2022 (8727 : Assignment of American Rescue Plan Funds (All Page 1 Discussion City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Ordinance Restricting the Duration of Interim or Acting Director Positions (All Wards) Recommendation Introduce, read by title only, and waive further reading of Ordinance MC -1572 of the Mayor and City Council of the City of San Bernardino, California, adding Sectio n 2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months . Background On November 17, 2021, the Mayor and City Council directed staff to bring forth an Ordinance restricting the duration for Interim or Acting Director positions to six months. Section 401 of the City Charter adopted by voters on November 8, 2016, states the City Manager will be the sole authority for appointing and directing City staff. The City Manager also shall appoint and suspend or remove all City employees and appoint administrative officers, except as otherwise provided by law or City of San Bernardino established personnel rules. Additionally, the City of San Bernardino Personnel Rules adopted by Resolution No. 2021-8 on January 20, 2021, allows appointment, upon approval of the Appointing Authority, of a qualified employee to perform the duties of a higher classification when a position is vacant or in the absence of the incumbent. The City Manager is responsible for making such appointments for department heads and agency executives. Discussion Generally speaking, the City attempts to fill vacant positions, and especially vacant department head positions, as quickly as possible. City staff recognizes the operational efficiencies gained from having permanent staff occupy senior positions. Nevertheless, from time to time, practical considerations may necessitate the appointment of an individual to such a position in an acting or interim basis. The City’s Personnel Rules, MOUs, and CalPERS already impose some limitations and consequences for employees working out-of-class in higher classifications or upgraded assignments. For example, employees in the General Bargaining Unit negotia ted specific terms which limit an employee from receiving higher acting pay beyond one (1) year. Also, 7 Packet Pg. 136 8736 Page 2 Government Code section 20480 establishes a 960-hour restriction on the number of hours a CalPERS member may serve in an out -of-class position. At present, there is no City rule restricting out-of-class appointments or higher acting assignments at the executive level. On the one hand, establishing a six-month restriction on the appointment of individuals as acting or interim directors might reduce the risk of contract employees in those roles mistakenly becoming CalPERS members and might reduce the risk of the City being subject to increased CalPERS liability for existing employees. On the other hand, such a restriction may limit the flexibility of the City Manager in managing City staff and may result in situations where he or she is unable to have the best person in the role. For example, it may force the City Manager to remove a competent and capable interim appointee and replace them prior to being able to hire an appropriate replacement. It might also have a negative impact on employee morale in the short term. It is worth noting, because of the COVID-19 pandemic, Governor Gavin Newsom declared a state of emergency and issued an Executive Order (N-25-20) which suspended the 960 working hours limitation for retired annuitants. It may be appropriate for Mayor and City Council to consider providing similar flexibility to the City Manager. Should the Mayor and City Council adopt an ordinance establishing a six-month restriction, the Human Resources Department will establish guardrails to ensure the six - month restriction is met. For example, the Human Resources Department would adopt an internal policy to immediately initiate a recruitment for vaca ncies at the department head level; establish monitoring systems to ensure the six-month limit is not exceeded; and require execution of a form similar to the attached draft by incoming interim/acting directors. Fiscal Impact The financial impact to the City would vary and would be reflected in an approved budgeted position. Conclusion Introduce, read by title only, and waive further reading of Ordinance MC -1572 of the Mayor and City Council of the City of San Bernardino, California, adding Section 2.04.04 to Chapter 2.04 of Title 2 of the City of San Bernardino Municipal Code restricting the duration of Interim or Interim Director positions to six months. Attachments Attachment 1 Ordinance No. MC-1572 Attachment 2 Proposed Acting/Interim Provisions Form Ward: All Synopsis of Previous Council Actions: November 17, 2021 Mayor and City Council directed staff to bring forth an Ordinance restricting the duration for Interim or Acting Director positions to six 7 Packet Pg. 137 8736 Page 3 months. 7 Packet Pg. 138 Ordinance No. MC-1572 1 ORDINANCE NO. MC-1572 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADDING SECTION 2.04.040 TO CHAPTER 2.04 OF TITLE 2 OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE RESTRICTING THE DURATION OF ACTING OR INTERIM DIRECTOR POSITIONS TO SIX MONTHS WHEREAS, under Section 401 of the City Charter, the City Manager is responsible for the appointment and direction of City staff; and WHEREAS, from time to time, vacancies occur in senior leadership positions within the City and it becomes necessary for the City Manager to appoint an individual in an interim or acting capacity; and WHEREAS, for a variety of reasons, including operational efficiency and compliance with CalPERS restrictions, it is in the City’s best interests that such positions be filled as expeditiously as possible and with permanent staff; and WHEREAS, therefore, the City Council wishes to restrict the duration of interim and acting appointments to a period of six months. 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. Addition of Section 2.04.040. Section 2.04.040 is hereby added to Chapter 2.04 of Title 2 of the San Bernardino Municipal Code to read in its entirety as follows: “2.04.040 Duration of Interim and Acting Appointments for Department Head Positions In no event shall the City Manager permit an individual to serve as agency executive or department head in an interim or acting capacity for a period exceeding six months.” The list of sections in Chapter 2.04 of the Municipal Code shall be updated to include the additional section. 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 7.a Packet Pg. 139 Attachment: Attachment 1 - Proposed Ordinance MC-1572 Restricting the Duration of Interim or Acting Director Positions (8736 : Ordinance Ordinance No. MC-1572 2 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 7.a Packet Pg. 140 Attachment: Attachment 1 - Proposed Ordinance MC-1572 Restricting the Duration of Interim or Acting Director Positions (8736 : Ordinance Ordinance No. MC-1572 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-, XXX introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the __ day of ___________, 2022. Ordinance No. MC- ____ 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.a Packet Pg. 141 Attachment: Attachment 1 - Proposed Ordinance MC-1572 Restricting the Duration of Interim or Acting Director Positions (8736 : Ordinance ATTACHMENT 2 CITY OF SAN BERNARDINO Acting/Interim Director Provisions I, ________________________________ certify that I possess the experience, education, and professional requirements to be employed by the City of San Bernardino as the Acting or Interim Director of [Department]: ______________________________. I understand this assignment is expected to last for a period not to exceed six (6) months in any fiscal year. I acknowledge and agree that it is my shared responsibility to monitor and advise Human Resources when I approach the allowed maximum number of hours worked (960 hours). I have been provided duties expected of me and agree to work exclusively in the role for which I have been hired. I will maintain confidentiality on matters of security, legal, personnel and medical files as well as any information I would not have been privy to outside this employment opportunity. I certify that the above statements are true, complete, and correct . I understand my statements are subject to verification and any misrepresentation, fraud, or omission of material facts by me may be grounds for the City of San Bernardino to deny employment and/or constitute grounds for immediate termination of my assignment. --------------------------------------------------------------------------------------------------------------------- Employee: _____________________________________________ Date: __________ Approved by Director of Human Resources: __________________ Date: ___________ City Manager (or Designee): ______________________________ Date: ___________ 7.b Packet Pg. 142 Attachment: Attachment 2 - Proposed Acting-Interim Director Provisions Form (8736 : Ordinance Restricting the Duration of Interim or Acting Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All Wards) Recommendation Adopt 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 $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. Background 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.” 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 compen sation 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 8 Packet Pg. 143 8769 Page 2 Commission met (3) three times in 2021 (October 13, November 10, and November 30). 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 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. Additionally, 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. Finally, on January 19, 2022, the Mayor and City Council held a public hearing, introduced, read by title, and waived further reading of Ordinance No. MC-1571, amending Chapter 2.82.010 of the San Bernardino Municipal Code adjusting the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. During the same meeting staff provided the Mayor and City Council the basis and salary data for adjusting the salary of the position. 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 limitati ons 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 Sa n Bernardino 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. In November 2016, with the adoptio n of the current Charter, the City 8 Packet Pg. 144 8769 Page 3 transitioned to a Council-Manager form of government. 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 charter cities with the same form of government were identified in San Bernardino and Riverside Counties. The average base yearly salary of the fourteen survey cities is $29,501. When analyzing the survey data, including the city charter and municipal code for each of the cities, seven cities have directly elected Mayor positions, as opposed to a City Council appointed rotating Mayor structure. Of the seven cities , five 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 cities is $50,040, which consists of Adelanto, Needles, San Bernardino, Palm Springs, and Riverside . 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. The item under consideration by the City Council tonight is the adoption of Ordinance No. MC-1571, which if approved, amends Chapter 2.82.010 of the San Bernardino Municipal Code adjusting the salary of the Mayor to $50,000 annually to appropriately reflect the duties of the office following the 2016 amendment of the City Charter. 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. A summary of Ordinance No. MC-1571 was published on January 28, 2022, and is available to the public at the City of San Bernardino City Clerk's office. 2021-2025 Key Strategic Targets and Goals Adjusting 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. Adjusting the salary of the Mayor at the beginning of the new term in December 2022 will generate an annual savings of $70,000. Conclusion Adopt 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 $50,000 annually to appropriately reflect the 8 Packet Pg. 145 8769 Page 4 duties of the office following the 2016 amendment of the City Charter. Attachments Attachment 1 Ordinance No. MC-1571 Attachment 2 City Charter (Previous) Attachment 3 City Charter (Current) Ward: All Synopsis of Previous Council Actions: January 19, 2022 Staff provided a recommendation to review and consider the basis and salary data for adjusting the salary of the position of Mayor; and introduced, read by title only, and waive further reading of Ordnance No. MC-1571 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 amending of the City Charter to an amount determined by the City Council December 15, 2021 Staff was directed to return with the basis and salary data for adjusting the salary of the position of Mayor. October 20, 2021 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. 8 Packet Pg. 146 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 ADJUSTING 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 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. 8.a Packet Pg. 147 Attachment: Attachment 1 - Ordinance No. MC-1571 [Revision 1] (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Ordinance No. MC-1571 2 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 Commencing with the certification of the November 2022 election, the Mayor shall receive the following compensation: A. Annual salary of $50,000; 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 8.a Packet Pg. 148 Attachment: Attachment 1 - Ordinance No. MC-1571 [Revision 1] (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Ordinance No. MC-1571 3 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 8.a Packet Pg. 149 Attachment: Attachment 1 - Ordinance No. MC-1571 [Revision 1] (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of 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 8.a Packet Pg. 150 Attachment: Attachment 1 - Ordinance No. MC-1571 [Revision 1] (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of 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 8.b Packet Pg. 151 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 152 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 153 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 154 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 155 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 156 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 157 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 158 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 159 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 160 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 161 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 162 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 163 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 164 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 165 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 166 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 167 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 168 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 169 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 170 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 171 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 172 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 173 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 174 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 175 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 176 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 177 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 178 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 179 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 180 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 181 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 182 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 183 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 184 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 185 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 186 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 187 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 188 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 189 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 190 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 191 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 192 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 193 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 194 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 195 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 196 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 197 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 198 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 199 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 200 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 201 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 202 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 203 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 204 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 205 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 206 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 207 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 208 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 209 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 210 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 211 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 212 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 213 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 214 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 215 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 216 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 217 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 218 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 219 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 220 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 221 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 222 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 223 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 224 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 225 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 226 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 227 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 228 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 229 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 230 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 231 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 232 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All 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] 8.b Packet Pg. 233 Attachment: Attachment 2 - City Charter (Previous) (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All City of San Bernardino Charter Adopted by Voters November 8, 2016 Filed with the California Secretary of State January 31, 2017 8.c Packet Pg. 234 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 235 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 236 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 237 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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. 8.c Packet Pg. 238 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 239 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 240 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 241 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 242 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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. 8.c Packet Pg. 243 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 244 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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. 8.c Packet Pg. 245 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 246 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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 8.c Packet Pg. 247 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of 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. 8.c Packet Pg. 248 Attachment: Attachment 3 - Current City Charter (8769 : Final Reading of Ordinance Adjusting the Salary for the Position of Mayor (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager Subject: Final Reading of Ordinance Allowing Contract Approval by Minute Action (All Wards) Recommendation Adopt 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 process. 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 over $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 disadvantages as contracts would still be taken to the City Clerk’s Office and be formally 9 Packet Pg. 249 8770 Page 2 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. The item under consideration by the City Council tonight is the adoption of Ordinance No. MC-1569, which if approved, amends Section 3.04.070 of the San Bernardino Municipal Code permitting the approval of contracts by minute action in addition to by resolution. A summary of Ordinance No. MC-1569 was published on January 28, 2022, and is available to the public at the City of San Bernardino City Clerk's office. 2021-2025 Key Strategic Targets and Goals 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 Ordinance No. MC-1569 to allow contract approval by minute action will reduce staff costs associated with agenda preparation. Conclusion Adopt 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 Munici pal 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: January 19, 2022 Staff introduced, read by title only, and waive f urther reading of Ordinance No. MC-1569, 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. 9 Packet Pg. 250 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.” 9.a Packet Pg. 251 Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8770 : Final Reading of Ordinance Allowing Contract 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 9.a Packet Pg. 252 Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8770 : Final Reading of Ordinance Allowing Contract 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 9.a Packet Pg. 253 Attachment: Attachment 1 - Ordinance No. MC-1569 Contract Approval by Minute Action (8770 : Final Reading of Ordinance Allowing Contract Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for December 2021. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City’s website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp> Discussion Gross Payroll Bi-Weekly for December 9, 2021 $2,798,403.16 Bi-Weekly for December 22, 2021 $2,804,035.29 Monthly for December 15, 2021 $15,166.69 Total Payroll Demands: $5,617,605.14 The following check registers are being presented for approval: December 2, 2021 2021/22 (Register #23)$682,015.67 December 9, 2021 2021/22 (Register #24)$1,086,949.97 December 16, 2021 2021/22 (Register #25)$3,807,641.59 Total commercial check demands:$5,576,607.23 The following Electronic Funds Transfer (EFT) registers presented for approval: 10 Packet Pg. 254 8739 Page 2 11/4/2021 to 11/16/2021 2021/22 (Register #1190-#1194) $ 1,554,829.94 11/22/2021 to 11/24/2021 2021/22 (Register #1195-#1202) $ 1,269,498.37 11/24/2021 to 11/29/2021 2021/22 (Register #1203-#1208) $ 6,199,553.63 12/1/2021 to 12/14/2021 2021/22 (Register #1209-#1220) $ 1,783,395.43 Total commercial EFT demands: $ 10,807,277.37 2021-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Financial Stability by creating a framework for spending decisions. Fiscal Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino approve the commercial and payroll disbursements for December 2021. Attachments Attachment 1 Payroll Summary Report for December 2021 Attachment 2 Commercial checks & Payroll Register #23 Attachment 3 Commercial checks & Payroll Register #24 Attachment 4 Commercial checks & Payroll Register #25 Attachment 5 Commercial EFT Registers #1190-1194 Attachment 6 Commercial EFT Registers #1195-1202 Attachment 7 Commercial EFT Registers #1203-1208 Attachment 8 Commercial EFT Registers #1209-1220 Ward: All 10 Packet Pg. 255 10.a Packet Pg. 256 Attachment: FN. Attachment 1 - Payroll Summary Report December 2021 (8739 : Approval of Commercial and Payroll Disbursements (All 10.a Packet Pg. 257 Attachment: FN. Attachment 1 - Payroll Summary Report December 2021 (8739 : Approval of Commercial and Payroll Disbursements (All 10.a Packet Pg. 258 Attachment: FN. Attachment 1 - Payroll Summary Report December 2021 (8739 : Approval of Commercial and Payroll Disbursements (All 10.b Packet Pg. 259 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 260 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 261 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 262 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 263 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 264 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 265 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 266 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 267 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 268 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 269 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 270 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 271 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 272 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.b Packet Pg. 273 Attachment: FN. Attachment 2 - Commercial Checks & Payroll Register #23 (8739 : Approval of 10.c Packet Pg. 274 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 275 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 276 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 277 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 278 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 279 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 280 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 281 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 282 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 283 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 284 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 285 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 286 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 287 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 288 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 289 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 290 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 291 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 292 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 293 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 294 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 295 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 296 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.c Packet Pg. 297 Attachment: FN. Attachment 3 - Commercial Checks & Payroll Register #24 (8739 : Approval of 10.d Packet Pg. 298 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 299 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 300 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 301 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 302 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 303 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 304 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 305 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 306 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 307 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 308 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 309 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 310 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 311 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 312 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 313 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 314 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 315 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 316 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 317 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 318 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 319 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 320 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 321 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 322 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 323 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 324 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 325 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 326 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 327 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 328 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 329 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.d Packet Pg. 330 Attachment: FN. Attachment 4 - Commercial Checks & Payroll Register #25 (8739 : Approval of 10.e Packet Pg. 331 Attachment: FN. Attachment 5 - Commercial EFT Registers #1190-1194 (8739 : Approval of Commercial 10.e Packet Pg. 332 Attachment: FN. Attachment 5 - Commercial EFT Registers #1190-1194 (8739 : Approval of Commercial 10.f Packet Pg. 333 Attachment: FN. Attachment 6 - Commercial EFT Registers #1195-1202 (8739 : Approval of Commercial 10.f Packet Pg. 334 Attachment: FN. Attachment 6 - Commercial EFT Registers #1195-1202 (8739 : Approval of Commercial 10.g Packet Pg. 335 Attachment: FN. Attachment 7 - Commercial EFT Registers #1203-1208 (8739 : Approval of Commercial 10.g Packet Pg. 336 Attachment: FN. Attachment 7 - Commercial EFT Registers #1203-1208 (8739 : Approval of Commercial 10.h Packet Pg. 337 Attachment: FN. Attachment 8 - Commercial EFT Registers #1209-1220 (8739 : Approval of Commercial 10.h Packet Pg. 338 Attachment: FN. Attachment 8 - Commercial EFT Registers #1209-1220 (8739 : Approval of Commercial Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Barbara Whitehorn, Director of Finance Subject: Investment Portfolio Report for November 2021 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for November 2021. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended November 30, 2021. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2021-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Financial Stability by implementing, maintaining, and updating a fiscal accountability plan. Fiscal Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for November 2021. 11 Packet Pg. 339 8747 Page 2 Attachments Attachment 1 Investment Portfolio Management Summary Report Nov 2021 Ward: All Synopsis of Previous Council Actions: N/A 11 Packet Pg. 340 11.aPacket Pg. 341Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio YTM 360 Page 1 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date State Local Agency Investment Fund 0.200LOCAL AGENCY INVESTMENT FUND10001 40,637,546.18 40,637,546.18 0.20340,637,546.18SYS 1 0.200LOCAL AGENCY INVESTMENT FUND10003 38,865,097.26 38,865,097.26 0.20338,865,097.26SYS10003 1 79,502,643.4479,502,643.4479,502,643.4478,610,976.77Subtotal and Average 0.200 1 Certificates of Deposit 2.022AMERICAN EXPRESS CENTURION BK80038 247,000.00 247,000.00 12/01/20212.05012/01/2016 247,013.4402587DM70 0 1.134STATE BANK OF INDIA80057 250,000.00 250,000.00 09/28/20261.15009/28/2021 248,813.93856285XL0 1,762 2.170BMW BANK80041 247,000.00 247,000.00 02/24/20222.20002/24/2017 248,208.6505580AGK4 85 2.614CAPITAL ONE NATIONAL ASSOC80054 247,000.00 247,000.00 05/30/20242.65005/30/2019 257,732.4214042RLW9 911 2.712COMENITY CAPITAL BANK80052 249,000.00 249,000.00 04/15/20242.75004/29/2019 260,176.7620033AU61 866 2.416EAGLE BANK80053 249,000.00 249,000.00 05/24/20222.45005/24/2019 251,685.3727002YEP7 174 3.107GOLDMAN SACHS GROUP INC.80046 245,000.00 245,000.00 01/17/20233.15001/16/2019 252,660.0238148P4B0 412 3.008MORGAN STANLEY PRIVATE BANK80048 246,000.00 246,000.00 01/31/20243.05001/31/2019 257,801.3161760AVF3 791 2.564MORGAN STANLEY PRIVATE BANK80055 247,000.00 247,000.00 06/13/20242.60006/13/2019 257,581.3161760AG52 925 2.712NORTHWESTERN BANK80049 245,000.00 245,000.00 02/13/20232.75002/13/2019 251,873.03668015AL4 439 2.712OXFORD BANK & TRUST80051 245,000.00 245,000.00 06/28/20222.75002/28/2019 248,569.9469140WAS4 209 2.022STEARNS BANK80039 249,000.00 249,000.00 01/13/20222.05001/13/2017 249,596.43857894SK6 43 2.959TIAA FSB80050 245,000.00 245,000.00 02/22/20243.00002/22/2019 256,932.5887270LBU6 813 0.937UBS FINANCE COMMERCIAL PAPER80056 250,000.00 250,000.00 09/22/20260.95009/22/2021 246,450.7890348JT59 1,756 2.022WASHINGTON FIRST BK RESTON80040 247,000.00 247,000.00 02/23/20222.05002/23/2017 248,107.18940727AH3 84 3.156WELLS FARGO BK NA80047 500,000.00 500,000.00 01/18/20243.20001/18/2019 525,745.45949763WU6 778 4,208,000.004,308,948.604,208,000.004,208,000.00Subtotal and Average 2.435 639 Managed Pool Accounts 0.158CALTRUST GOVT INVESTMENT FUND20008 0.00 0.00 0.1600.0020008 1 0.000.000.000.00Subtotal and Average 0.000 0 Federal Agency Issues - Coupon 1.567FEDERAL FARM CREDIT BANK30555 2,000,000.00 2,000,340.51 12/13/20212.11012/31/2019 2,001,400.00 Aaa3133EH2T9 12 0.278FEDERAL FARM CREDIT BANK30596 1,000,000.00 999,784.81 10/05/20230.27010/05/2020 995,800.00 Aaa3133EMBQ4 673 0.138FEDERAL FARM CREDIT BANK30598 1,000,000.00 1,000,000.00 04/08/20220.14010/08/2020 1,000,020.00 Aaa3133EMCJ9 128 0.128FEDERAL FARM CREDIT BANK30604 1,000,000.00 999,761.67 02/10/20230.11002/10/2021 998,740.00 Aaa3133EMQH8 436 0.334FEDERAL FARM CREDIT BANK30605 1,000,000.00 999,401.56 02/10/20250.32002/10/2021 979,040.00 Aaa3133EMQG0 1,167 0.473FEDERAL FARM CREDIT BANK30608 2,000,000.00 2,000,000.00 03/03/20250.48003/03/2021 1,967,320.00 Aaa3133EMSC7 1,188 0.700FEDERAL FARM CREDIT BANK30613 1,000,000.00 1,000,000.00 04/01/20250.71004/01/2021 988,960.00 Aaa3133EMUP5 1,217 0.720FEDERAL FARM CREDIT BANK30630 1,000,000.00 1,000,000.00 05/19/20250.73005/19/2021 989,220.00 Aaa3133EMZW5 1,265 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM2) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 342 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio YTM 360 Page 2 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 0.957FEDERAL FARM CREDIT BANK30634 1,000,000.00 999,102.78 05/26/20260.95005/26/2021 988,950.00 Aaa3133EMB76 1,637 0.641FEDERAL FARM CREDIT BANK30642 1,000,000.00 1,000,000.00 06/09/20250.65006/09/2021 983,190.00 Aaa3133EMF98 1,286 0.730FEDERAL FARM CREDIT BANK30655 1,000,000.00 1,000,000.00 07/21/20250.74007/21/2021 985,780.00 Aaa3133EMU91 1,328 0.594FEDERAL FARM CREDIT BANK30656 1,000,000.00 998,036.96 09/16/20250.55007/21/2021 976,670.00 Aaa3133EL7K4 1,385 0.502FEDERAL FARM CREDIT BANK30664 1,000,000.00 999,076.37 02/10/20250.48008/26/2021 983,900.00 Aaa3133EMZ70 1,167 0.888FEDERAL FARM CREDIT BANK30665 1,000,000.00 998,575.00 09/01/20260.87009/01/2021 989,870.00 Aaa3133EM3T7 1,735 0.581FEDERAL FARM CREDIT BANK30672 1,000,000.00 999,055.56 03/21/20250.56009/21/2021 986,360.00 Aaa3133EM5V0 1,206 0.716FEDERAL FARM CREDIT BANK30681 1,000,000.00 997,255.56 10/21/20240.63010/21/2021 992,990.00 Aaa3133ENBM1 1,055 1.312FEDERAL FARM CREDIT BANK30682 1,000,000.00 1,000,000.00 11/03/20261.33011/03/2021 995,120.00 Aaa3133ENDC1 1,798 1.152FEDERAL FARM CREDIT BANK30683 1,000,000.00 988,195.06 06/15/20260.90011/04/2021 987,640.00 Aaa3133EMH21 1,657 1.189FEDERAL FARM CREDIT BANK30689 1,000,000.00 986,564.00 06/15/20260.90011/22/2021 987,640.00 Aaa3133EMH21 1,657 1.519FEDERAL FARM CREDIT BANK30691 1,000,000.00 1,000,000.00 11/30/20261.54011/30/2021 1,003,270.00 Aaa3133ENFN5 1,825 0.615FEDERAL HOME LOAN BANK30606 2,000,000.00 2,000,000.00 02/26/20260.50002/26/2021 1,945,800.00 Aaa3130AL6L3 1,548 0.690FEDERAL HOME LOAN BANK30610 1,000,000.00 1,000,000.00 06/24/20250.70003/24/2021 986,080.00 Aaa3130ALLA0 1,301 0.592FEDERAL HOME LOAN BANK30614 1,000,000.00 1,000,000.00 11/29/20240.60003/29/2021 991,320.00 Aaa3130ALRM8 1,094 0.654FEDERAL HOME LOAN BANK30617 1,000,000.00 999,585.60 03/17/20250.65003/26/2021 987,480.00 Aaa3130ALLP7 1,202 1.016FEDERAL HOME LOAN BANK30620 1,000,000.00 1,000,000.00 03/30/20261.03003/30/2021 992,780.00 Aaa3130ALV68 1,580 0.740FEDERAL HOME LOAN BANK30623 1,000,000.00 1,000,000.00 04/28/20250.75004/28/2021 989,750.00 Aaa3130AM4D1 1,244 0.799FEDERAL HOME LOAN BANK30632 1,000,000.00 1,000,000.00 11/26/20250.81005/26/2021 986,900.00 Aaa3130AMLJ9 1,456 0.542FEDERAL HOME LOAN BANK30633 1,000,000.00 1,000,000.00 11/26/20240.55005/26/2021 989,110.00 Aaa3130AMK92 1,091 0.370FEDERAL HOME LOAN BANK30636 1,000,000.00 1,000,000.00 06/03/20240.37506/03/2021 993,750.00 Aaa3130AMMM1 915 0.404FEDERAL HOME LOAN BANK30639 1,000,000.00 1,000,000.00 08/01/20240.41006/01/2021 993,170.00 Aaa3130AMHH8 974 0.681FEDERAL HOME LOAN BANK30640 1,000,000.00 1,000,000.00 06/10/20250.69006/10/2021 985,850.00 Aaa3130AMMT6 1,287 0.370FEDERAL HOME LOAN BANK30641 1,000,000.00 1,000,000.00 06/24/20240.37506/24/2021 993,490.00 Aaa3130AMR38 936 0.789FEDERAL HOME LOAN BANK30643 1,000,000.00 1,000,000.00 09/29/20250.80006/29/2021 988,080.00 Aaa3130AMSY9 1,398 0.740FEDERAL HOME LOAN BANK30645 1,000,000.00 1,000,000.00 11/28/20250.75006/28/2021 984,620.00 Aaa3130AMTZ5 1,458 0.838FEDERAL HOME LOAN BANK30653 1,000,000.00 1,000,000.00 03/30/20260.85007/13/2021 988,840.00 Aaa3130AMUD2 1,580 0.690FEDERAL HOME LOAN BANK30654 1,000,000.00 1,000,000.00 04/29/20250.70007/29/2021 986,540.00 Aaa3130ANBU3 1,245 0.690FEDERAL HOME LOAN BANK30658 1,000,000.00 1,000,000.00 02/26/20260.70008/26/2021 987,370.00 Aaa3130ANJ35 1,548 0.986FEDERAL HOME LOAN BANK30659 1,000,000.00 1,000,000.00 08/27/20261.00008/27/2021 984,380.00 Aaa3130ANKG4 1,730 0.740FEDERAL HOME LOAN BANK30662 1,000,000.00 1,000,000.00 09/25/20250.75008/25/2021 986,340.00 Aaa3130ANQJ2 1,394 0.521FEDERAL HOME LOAN BANK30668 1,000,000.00 999,721.53 02/25/20250.52009/01/2021 984,710.00 Aaa3130ANJU5 1,182 0.725FEDERAL HOME LOAN BANK30669 1,000,000.00 992,498.10 01/20/20260.55009/10/2021 977,130.00 Aaa3130AKN85 1,511 0.493FEDERAL HOME LOAN BANK30671 1,000,000.00 1,000,000.00 09/30/20240.50009/30/2021 990,450.00 Aaa3130AP4R3 1,034 0.814FEDERAL HOME LOAN BANK30673 1,000,000.00 1,000,000.00 12/30/20250.82509/30/2021 986,820.00 Aaa3130AP4S1 1,490 0.986FEDERAL HOME LOAN BANK30674 1,000,000.00 1,000,000.00 09/30/20261.00009/30/2021 987,380.00 Aaa3130AP6D2 1,764 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 343 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio YTM 360 Page 3 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Federal Agency Issues - Coupon 1.110FEDERAL HOME LOAN BANK30675 1,000,000.00 1,000,000.00 09/29/20261.12509/29/2021 993,200.00 Aaa3130APCH6 1,763 1.107FEDERAL HOME LOAN BANK30676 1,000,000.00 1,000,000.00 10/28/20260.62510/28/2021 995,700.00 Aaa3130APHA6 1,792 1.184FEDERAL HOME LOAN BANK30678 1,000,000.00 1,000,000.00 10/26/20261.20010/26/2021 995,980.00 Aaa3130APHT5 1,790 1.134FEDERAL HOME LOAN BANK30679 1,000,000.00 1,000,000.00 10/28/20261.15010/28/2021 990,920.00 Aaa3130APGP4 1,792 0.710FEDERAL HOME LOAN BANK30684 1,000,000.00 998,268.05 10/28/20240.66011/08/2021 994,190.00 Aaa3130APJ22 1,062 1.479FEDERAL HOME LOAN BANK30685 1,000,000.00 1,000,000.00 11/25/20261.50011/30/2021 999,260.00 Aaa3130APWE1 1,820 0.986FEDERAL HOME LOAN BANK30686 1,000,000.00 1,000,000.00 05/22/20251.00011/22/2021 999,130.00 Aaa3130APVB8 1,268 1.134FEDERAL HOME LOAN BANK30688 1,000,000.00 1,000,000.00 05/23/20251.15011/23/2021 999,790.00 Aaa3130APXP5 1,269 1.978FEDERAL HOME LOAN MORTGAGE CRP30525C 425,000.00 424,996.75 01/26/20222.00001/30/2017 426,241.00 Aaa3134GAU44 56 2.096FEDERAL HOME LOAN MORTGAGE CRP30529C 1,000,000.00 1,000,000.00 02/28/20222.12502/28/2017 1,004,900.00 Aaa3134GA5T7 89 2.042FEDERAL HOME LOAN MORTGAGE CRP30537C 1,000,000.00 999,729.81 04/26/20222.00011/06/2017 1,007,450.00 Aaa3134GBP55 146 0.641FEDERAL HOME LOAN MORTGAGE CRP30581 1,000,000.00 1,000,000.00 06/30/20250.65006/30/2020 987,150.00 Aaa3134GVT99 1,307 0.444FEDERAL HOME LOAN MORTGAGE CRP30584 1,000,000.00 1,000,000.00 07/22/20240.45007/22/2020 994,060.00 Aaa3134GWCB0 964 0.404FEDERAL HOME LOAN MORTGAGE CRP30594 1,000,000.00 1,000,000.00 05/13/20240.41008/13/2020 992,270.00 Aaa3134GWHR0 894 0.263FEDERAL HOME LOAN MORTGAGE CRP30601 1,000,000.00 1,000,000.00 11/02/20230.32011/02/2020 995,560.00 Aaa3134GW6E1 701 0.839FEDERAL HOME LOAN MORTGAGE CRP30615 1,000,000.00 994,011.70 12/23/20250.70003/24/2021 980,530.00 Aaa3134GXHD9 1,483 0.691FEDERAL HOME LOAN MORTGAGE CRP30663 500,000.00 498,585.76 09/15/20250.62508/19/2021 491,515.00 Aaa3134GWB70 1,384 0.670FARMER MAC30650 1,500,000.00 1,498,524.94 04/28/20250.65006/23/2021 1,480,725.00 Aaa31422BYS3 1,244 1.105FARMER MAC30690 1,000,000.00 984,896.82 05/19/20250.67511/23/2021 985,520.00 Aaa31422BA26 1,265 1.946FEDERAL NATIONAL MORTGAGE ASSO30524 1,000,000.00 1,000,024.04 01/05/20222.00001/23/2017 1,001,800.00 Aaa3135G0S38 35 1.994FEDERAL NATIONAL MORTGAGE ASSO30526 1,000,000.00 999,980.82 01/05/20222.00002/02/2017 1,001,800.00 Aaa3135G0S38 35 2.014FEDERAL NATIONAL MORTGAGE ASSO30532 1,000,000.00 999,962.26 01/05/20222.00003/02/2017 1,001,800.00 Aaa3135G0S38 35 2.140FEDERAL NATIONAL MORTGAGE ASSO30533C 1,000,000.00 1,000,000.00 03/29/20222.17003/29/2017 1,006,690.00 Aaa3136G4MQ3 118 0.592FEDERAL NATIONAL MORTGAGE ASSO30585 1,000,000.00 1,000,000.00 07/22/20250.60007/22/2020 982,920.00 Aaa3136G4ZF3 1,329 0.641FEDERAL NATIONAL MORTGAGE ASSO30588 1,000,000.00 1,000,000.00 08/14/20250.65008/14/2020 984,440.00 Aaa3136G4C43 1,352 0.335FEDERAL NATIONAL MORTGAGE ASSO30589 1,000,000.00 1,000,000.00 08/18/20230.34008/18/2020 997,430.00 Aaa3136G4F99 625 0.533FEDERAL NATIONAL MORTGAGE ASSO30600 1,000,000.00 1,000,000.00 10/27/20250.54010/27/2020 979,120.00 Aaa3136G45C3 1,426 0.542FEDERAL NATIONAL MORTGAGE ASSO30602 1,000,000.00 1,000,000.00 11/04/20250.55011/04/2020 979,530.00 Aaa3135GA2N0 1,434 74,355,936.0273,699,641.0074,425,000.0071,044,572.91Subtotal and Average 0.858 1,167 Money Market Funds 0.010WELLS FARGO GOVT MONEY MARKET20002 0.00 0.00 0.01007/01/2021 0.00SYS20002 1 0.000.000.000.00Subtotal and Average 0.000 0 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 344 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio YTM 360 Page 4 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Corporate Notes 1.908AMERICAN HONDA FINANCE CORP30559 1,000,000.00 1,000,216.25 05/10/20231.95001/10/2020 1,018,690.00 A302665WDH1 525 0.466AMAZON.COM INC30627 1,000,000.00 999,452.95 05/12/20240.45005/13/2021 989,410.00 A1023135BW5 893 1.051AMAZON.COM INC30628 1,000,000.00 997,187.79 05/12/20261.00005/13/2021 988,700.00 A1023135BX3 1,623 0.919AMAZON.COM INC30680 1,000,000.00 995,461.06 06/03/20250.80010/19/2021 985,570.00 A1023135BQ8 1,280 1.732APPLE INC30554 1,000,000.00 999,573.36 09/11/20221.70012/10/2019 1,009,950.00 Aa1037833DL1 284 1.800APPLE INC30561 1,000,000.00 999,334.13 09/11/20241.80001/24/2020 1,023,840.00 Aa1037833DM9 1,015 0.842BANK OF AMERICA CORPORATION30603 2,000,000.00 1,995,865.38 12/23/20250.65001/25/2021 1,924,520.00 A206048WK66 1,483 0.529BANK OF AMERICA CORPORATION30619 636,000.00 634,525.39 03/11/20240.40003/30/2021 627,515.76 A206048WL73 831 1.437BANK OF AMERICA CORPORATION30622 1,500,000.00 1,457,155.49 01/26/20260.60004/14/2021 1,438,425.00 A206048WK82 1,517 0.641BANK OF AMERICA CORPORATION30626 1,500,000.00 1,500,000.00 05/14/20240.65005/14/2021 1,483,095.00 A206048WM23 895 1.233BANK OF AMERICA CORPORATION30637 1,000,000.00 1,000,000.00 05/28/20261.25005/28/2021 957,910.00 A206048WM31 1,639 1.904BANK OF NEW YORK MELLON CORP30547C 2,000,000.00 2,008,823.91 08/16/20232.20010/16/2019 2,048,160.00 A106406FAD5 623 0.691CATERPILLAR FINL SERVICE30624 1,000,000.00 1,075,391.51 12/01/20243.25004/26/2021 1,061,010.00 A214912L6G1 1,096 0.846CATERPILLAR FINL SERVICE30660 1,625,000.00 1,627,846.75 03/02/20260.90008/09/2021 1,591,313.75 A214913R2K2 1,552 1.003JOHN DEERE CAPITAL CORP30648 1,000,000.00 1,001,454.22 06/17/20261.05006/17/2021 980,150.00 A224422EVR7 1,659 1.277JOHN DEERE CAPITAL CORP30677 1,000,000.00 1,000,243.33 10/13/20261.30010/13/2021 989,700.00 A224422EVW6 1,777 1.361JOHN DEERE CAPITAL CORP30687 1,000,000.00 985,504.05 06/17/20261.05011/17/2021 980,150.00 A224422EVR7 1,659 1.381GOLDMAN SACHS GROUP INC.30646 1,000,000.00 1,000,000.00 06/16/20261.40006/16/2021 980,850.00 A238150AG82 1,658 0.690GOLDMAN SACHS GROUP INC.30647 1,000,000.00 1,000,000.00 06/17/20240.70006/17/2021 976,800.00 A238150AGA7 929 1.430GOLDMAN SACHS GROUP INC.30657 1,000,000.00 1,000,000.00 07/30/20261.45007/30/2021 983,570.00 A238150AGW9 1,702 0.986GOLDMAN SACHS GROUP INC.30666 1,000,000.00 1,000,000.00 08/30/20241.00008/30/2021 988,040.00 A238150AHG3 1,003 2.268J.P. MORGAN CHASE & CO30551 1,000,000.00 1,000,000.00 12/23/20242.30012/23/2019 991,060.00 A248128GN97 1,118 1.036J.P. MORGAN CHASE & CO30582 1,000,000.00 1,000,000.00 06/23/20251.05006/23/2020 971,210.00 A248128GU40 1,300 0.789J.P. MORGAN CHASE & CO30595 1,000,000.00 1,000,000.00 08/18/20250.80008/18/2020 965,120.00 A248128GV56 1,356 1.184J.P. MORGAN CHASE & CO30625 2,000,000.00 2,000,000.00 04/30/20261.20004/30/2021 1,959,380.00 A248128G3G3 1,611 1.134J.P. MORGAN CHASE & CO30661 1,000,000.00 1,000,000.00 08/17/20261.15008/17/2021 979,310.00 A248128G4R8 1,720 1.731CHARLES SCHWAB CORP30563 1,064,000.00 1,074,628.29 01/25/20232.65001/27/2020 1,087,652.72 A2808513AT2 420 0.796TOYOTA MOTOR CREDIT CORP30607 1,000,000.00 999,733.01 10/16/20250.80002/24/2021 977,270.00 A189236THP3 1,415 0.608TOYOTA MOTOR CREDIT CORP30612 1,000,000.00 1,001,482.67 03/25/20240.68103/25/2021 992,850.00 A1892331AL3 845 0.595TOYOTA MOTOR CREDIT CORP30618 500,000.00 500,896.07 03/25/20240.68103/30/2021 496,425.00 A1892331AL3 845 0.287TOYOTA MOTOR CREDIT CORP30644 1,000,000.00 1,003,549.77 08/14/20230.50006/10/2021 997,180.00 A189236THF5 621 0.623TOYOTA MOTOR CREDIT CORP30651 1,500,000.00 1,495,009.81 06/18/20240.50006/23/2021 1,480,560.00 A189236TJH9 930 1.086UNITEDHEALTH GROUP INC30629 1,000,000.00 1,002,126.75 05/15/20261.15005/20/2021 987,570.00 A391324PEC2 1,626 0.969WAL-MART STORES NOTE30670 1,000,000.00 1,003,164.33 09/17/20261.05009/17/2021 989,210.00 Aa2931142ER0 1,751 38,358,626.2737,902,167.2338,325,000.0037,834,126.09Subtotal and Average 1.112 1,222 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 345 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio YTM 360 Page 5 Par Value Book Value Maturity Date Stated RateMarket Value November 30, 2021 Portfolio Details - Investments Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Supranationals 0.434INTL BK RECON & DEVELOPMENT30609 1,500,000.00 1,555,011.64 01/15/20251.62502/26/2021 1,531,830.00 Aaa459058HT3 1,141 0.555INTL BK RECON & DEVELOPMENT30635 1,000,000.00 1,002,077.00 04/22/20250.62505/27/2021 988,310.00 Aaa459058JB0 1,238 0.829INTL BK RECON & DEVELOPMENT30667 1,000,000.00 992,195.48 02/10/20260.65008/31/2021 979,240.00 Aaa459058JS3 1,532 0.493INTL FINANCE CORP30631 1,000,000.00 1,000,000.00 05/15/20260.50005/28/2021 993,670.00 Aaa45950VPY6 1,626 4,549,284.124,493,050.004,500,000.004,549,932.89Subtotal and Average 0.560 1,354 199,305,027.08 200,960,643.44 0.673 710199,906,450.27 200,974,489.85Total and Average Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 346 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio YTM 360 Page 6 Par Value Book Value Stated RateMarket Value November 30, 2021 Portfolio Details - Cash Average BalanceIssuer Portfolio Management CITY OF SAN BERNARDINO Days to MaturityMoody'sCUSIPInvestment # Purchase Date Passbook/Checking Accounts 0.000WELLS FARGO BANK10002 2,556,412.28 2,556,412.2807/01/2021 2,556,412.28SYS10002 1 0.00 199,305,027.08 203,517,055.72 0.673 710 1 2,598,161.10 41,748.82 2,598,161.10 41,748.82 Subtotal Accrued Interest at PurchaseAverage Balance 202,504,611.37 203,572,650.95Total Cash and Investments Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM2) 7.3.11 11.a Packet Pg. 347 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio Page 1 Stated Rate Transaction Date November 1, 2021 through November 30, 2021 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals State Local Agency Investment Fund (Monthly Summary) LOCAL AGENCY INVESTMENT FUND10001 5,500,000.000.203 5,250,000.00SYS 5,250,000.00 79,502,643.44Subtotal5,500,000.00 Certificates of Deposit 4,208,000.00Subtotal Managed Pool Accounts (Monthly Summary) 0.00Subtotal Federal Agency Issues - Coupon FEDERAL FARM CREDIT BANK30682 1,000,000.001.330 11/03/2021 0.003133ENDC1 FEDERAL FARM CREDIT BANK30683 988,000.000.900 11/04/2021 0.003133EMH21 FEDERAL FARM CREDIT BANK30689 986,490.000.900 11/22/2021 0.003133EMH21 FEDERAL FARM CREDIT BANK30691 1,000,000.001.540 11/30/2021 0.003133ENFN5 FEDERAL HOME LOAN BANK30523 0.001.875 11/29/2021 1,000,000.003130AABG2 FEDERAL HOME LOAN BANK30528 0.001.875 11/29/2021 1,000,000.003130AABG2 FEDERAL HOME LOAN BANK30684 998,230.000.660 11/08/2021 0.003130APJ22 FEDERAL HOME LOAN BANK30685 1,000,000.001.500 11/30/2021 0.003130APWE1 FEDERAL HOME LOAN BANK30686 1,000,000.001.000 11/22/2021 0.003130APVB8 FEDERAL HOME LOAN BANK30688 1,000,000.001.150 11/23/2021 0.003130APXP5 FARMER MAC30690 984,800.000.675 11/23/2021 0.0031422BA26 2,000,000.00 74,355,936.02Subtotal8,957,520.00 Money Market Funds (Monthly Summary) 0.00Subtotal Passbook/Checking Accounts (Monthly Summary) WELLS FARGO BANK10002 33,566,722.44 34,085,004.66SYS10002 34,085,004.66 0.00Subtotal33,566,722.44 Corporate Notes JOHN DEERE CAPITAL CORP30687 985,380.001.050 11/17/2021 0.0024422EVR7 0.00 38,358,626.27Subtotal985,380.00 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM3) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 348 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio Page 2 Stated Rate Transaction Date November 1, 2021 through November 30, 2021 Activity By Type Balance Portfolio Management CITY OF SAN BERNARDINO CUSIP Investment #Issuer Purchases or Deposits Redemptions or Withdrawals Supranationals 4,549,284.12Subtotal 200,974,489.85Total41,335,004.6649,009,622.44 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM3) 7.3.11 11.a Packet Pg. 349 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio Page 1 November 2020 through November 2021 Activity Summary Month Portfolio Management End Year Number of Securities Total Invested 360 Equivalent 365 Equivalent Managed Pool Rate Average Term Average Days to Maturity CITY OF SAN BERNARDINO Number of Investments Purchased Number of Investments Redeemed Yield to Maturity 110,769,958.19November202092 986 5681.118 1.133 0.560 2 0 113,728,761.06December202090 932 5191.075 1.090 0.540 0 2 128,018,030.40January202188 819 4460.962 0.975 0.458 1 3 136,084,346.44February202190 801 4440.884 0.897 0.407 5 3 138,211,706.73March202196 860 5200.845 0.856 0.360 12 6 139,808,377.22April2021100 921 5810.845 0.857 0.339 6 2 193,891,038.33May2021110 753 4960.710 0.720 0.315 12 2 213,241,199.73June2021125 759 5310.663 0.672 0.262 15 9 179,794,173.92July2021122 894 6370.701 0.711 0.221 8 8 188,057,556.61August2021123 891 6480.687 0.697 0.221 9 5 186,744,801.41September2021129 930 6780.687 0.697 0.206 11 4 192,784,782.60October2021131 893 6790.659 0.668 0.203 6 8 200,974,489.85November2021133 915 7100.673 0.682 0.203 10 2 Average 163,239,170.96 0.808%0.820%0.330 7 4 873 574110 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM4) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 350 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio Page 1 November 30, 2021 Interest Earnings Summary Month EndingNovember 30 Fiscal Year To Date Portfolio Management CITY OF SAN BERNARDINO CD/Coupon/Discount Investments: 25,572.23Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 501,501.27 ( 427,231.25) 252,028.83 495,314.49 ( 258,021.01) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 99,842.25 -3,192.75 0.00 489,322.31 -17,826.87 -208.72 96,649.50 471,286.72 Pass Through Securities: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 0.00 ( 0.00) 0.00 0.00 ( 0.00) Less Accrued Interest at Purchase During Period ( 0.00)( 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Cash/Checking Accounts: 0.00Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period 26,471.38 ( 13,355.19) 106,793.94 26,471.38 ( 58,718.68) Interest Earned during Period 13,116.19 74,546.64 Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period 112,958.44 -3,192.75 0.00 563,868.95 -17,826.87 -208.72 109,765.69 545,833.36 Portfolio CITY AP Run Date: 12/13/2021 - 16:34 PM (PRF_PM6) 7.3.11 Report Ver. 7.3.11 11.a Packet Pg. 351 Attachment: Attachment 1 Investment Portfolio Summary Report Nov 2021 (8747 : Investment Portfolio Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Police Dispatch Employees Memorandum of Understanding (All Wards) Recommendation Adopt Resolution No. 2022-13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. Background The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. On October 30, 2020, the San Bernardino Police Dispatch Association (SBPDA) filed a Petition for Recognition to formally represent the Police Dispatcher I/II job classifications in their employment relations with the City. On February 17, 2021, the Mayor and City Council adopted Resolution No. 2021 -30, recognizing the SBPDA as the representative for the Police Dispatcher I/II job classes for the purposes of employer-employee relations with the City. Subsequently, the parties negotiated terms for a Memorandum of Understanding (MOU). The parties have now reached a tentative agreement. On December 27, 2021, the agreement was ratified by the members of SBPDA. There are no changes to the terms and conditions of employment from those previously provided under the General Unit MOU. What is currently before the Mayor and City Council for approval is the SBPDA MOU with negotiated compensation enhancements. Discussion The San Bernardino Police Dispatch Association (SBPDA) Memorandum of Understanding (MOU) term, if approved, will be July 1, 2021 through June 30, 2025 inclusive of the deal points noted below. o 4.35% cost of living adjustment (COLA) effective the first pay period following 12 Packet Pg. 352 8652 Page 2 July 1, 2021, 4.35% COLA effective the first pay period following July 1, 2022, 3% COLA effective the first pay period following July 1, 2023, and 3% COLA effective the first pay period following July 1, 2024. o Effective July 1, 2021, implement the Fiscal Year 2019 -20 Classification and Compensation Study. o Effective July 1, 2021, increase monthly Health Insurance contribution to $1,289 for employee plus one, $1,724 for employee plus 2 or more. Employee Only shall remain the same at $715. For the term of this agreement only, the contributions will be bench marked to the Kaiser rate. o Increase the Health Insurance Opt-out Stipend in FY 2021/22 to $3,250 to be paid within 30 days from the adoption of this agreement. Increase the Health Insurance Opt-out Stipend in FY 2022/23, for the remainder of this agreement, to $3,500 to be paid in December 2022. As changes are made to salaries or classifications, the City is required to adopt a revised salary schedule in a public meeting. The attached salary schedule meets the California Public Employees Retirement Systems (CalPERS) pay rate reporting requirements in accordance with Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 2021-2025 Key Strategic Targets and Goals Authorization of this agreement 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 There is sufficient funding in the FY 2021/22 Adopted Budget for costs associated with FY 2021/22, including the additional City contribution for medical insurance coverage. The total cost in new funds (annual increases) for salaries, inclusive of CalPERS and estimated associated taxes, over the life of the agreement is $286,000. Conclusion Adopt Resolution No. 2022-13 of the Mayor and City Council of the City of San Bernardino, California, approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. Attachments Attachment 1 Resolution 2022-13 Attachment 2 Exhibit A - MOU Attachment 3 Exhibit B - Proposed Job Descriptions Attachment 4 Exhibit C - City-wide Salary Schedule Ward: All 12 Packet Pg. 353 8652 Page 3 Synopsis of Previous Council Actions: November 3, 2021 The Mayor and City Council Adopted Resolution No. 2021 -268 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions February 17, 2021 The Mayor and City Council adopted Resolution No. 2021 -30, recognizing the San Bernardino Police Dispatch Association (SBPDA) as the majority representative for the Police Dispatcher I and Police Dispatcher I positions for the purposes of employer- employee relations with the City. 12 Packet Pg. 354 Resolution No. 2022- Resolution 2022- Page 1 of 3 RESOLUTION NO.______ RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE MEMORANDUM OF UNDERSTANDING WITH THE EMPLOYEES OF POLICE DISPATCH; APPROVING THE JOB DESCRIPTIONS; UPDATING THE CITY-WIDE SALARY SCHEDULE; AND AMENDING RESOLUTION NO. 2021-268 WHEREAS, the California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment; WHEREAS, pursuant to the MMBA, the City’s negotiating team has met and conferred in good faith with the employees of Police Dispatch for terms of a Memorandum of Understanding (MOU) in which a tentative agreement was reached; WHEREAS, the employees of Police Dispatch ratified the terms of their successor agreements; WHEREAS, the salary schedule includes all adopted and approved classifications and salaries; and WHEREAS, the salary schedule meets the California Public Employees’ Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The wages, hours and working conditions for employees in the Police Dispatch bargaining unit of the City of San Bernardino, as incorporated in the Memorandum of Understanding, Exhibit A, a copy of which is attached hereto and incorporated herein, are hereby approved effective July 1, 2021 through June 30, 2025. SECTION 3. The City Manager is authorized to execute the Memorandum of Understanding for Police Dispatch effective July 1, 2021 through June 30, 2025. 12.a Packet Pg. 355 Attachment: Attachment 1 - Resolution 2022-13 Police Dispatch Employees Memorandum of Understanding (8652 : Police Dispatch Employees Resolution No. 2022- Resolution 2022- Page 2 of 3 SECTION 4. The job descriptions, attached hereto as Exhibit B, are hereby established and approved. SECTION 5. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit C, is hereby approved. SECTION 6. The Director of Human Resources is authorized to update the Salary Schedule in Exhibit C to reflect the Cost-of-Living Adjustments for each year of the 4-year agreement. SECTION 7. Resolution No. 2021-268 is hereby amended to reflect the changes to the City-wide salary schedule attached hereto as Exhibit C. 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. 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. 356 Attachment: Attachment 1 - Resolution 2022-13 Police Dispatch Employees Memorandum of Understanding (8652 : Police Dispatch Employees 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 12.a Packet Pg. 357 Attachment: Attachment 1 - Resolution 2022-13 Police Dispatch Employees Memorandum of Understanding (8652 : Police Dispatch Employees POLICE DISPATCH EMPLOYEES MEMORANDUM OF UNDERSTANDING Made and Entered into Between The City of San Bernardino and The San Bernardino Police Dispatch Association July 1, 2021, to June 30, 2025 12.b Packet Pg. 358 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 2 TABLE OF CONTENTS Page Article/Section Title No. Definition of Terms ............................................................................................ 4 ARTICLE I ADMINISTRATION ........................................................................................ 5 Section 1 Parties to MOU ............................................................................................. 5 Section 2 Recognition ............................................................................................. 5 Section 3 Management Rights ....................................................................................... 5 Section 4 Employee Rights ............................................................................................ 6 Section 5 Agency Personnel Rules ................................................................................ 6 Section 6 Safety Committee ........................................................................................... 7 Section 7 Labor-Management Committee ...................................................................... 8 Section 8 Employee Representatives ............................................................................. 8 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS ......................................................... 9 Section 1 Recognition/Association Security ................................................................... 9 Section 2 No Strike ............................................................................................. 9 Section 3 Payroll Deduction for Association Dues/Service (Fair Share) Fees ................ 9 Section 4 Budget Documents ......................................................................................... 10 Section 5 Employee Orientation ..................................................................................... 10 Section 6 New Employee Information ............................................................................ 11 Section 7 Association Logos .......................................................................................... 11 ARTICLE III COMPENSATION ......................................................................................... 11 Section 1 Salaries ............................................................................................. 11 Section 2 Classification/Compensation Study ............................................................... 12 Section 3 Retirement Benefits ....................................................................................... 12 Section 4 Overtime ............................................................................................. 13 Section 5 Higher Acting Classification Pay ..................................................................... 14 Section 6 Call-Back/Standby Assignment and Pay ........................................................ 15 Section 7 Shift Differential ............................................................................................. 17 Section 8 Fines ............................................................................................. 17 Section 9 Bilingual Pay ............................................................................................. 17 Section 10 Training Pay ............................................................................................. 18 ARTICLE IV FRINGE BENEFITS ....................................................................................... 18 Section 1 Health Benefits and Life Insurance ................................................................. 18 Section 2 Post Employment Health Plan ........................................................................ 20 Section 3 Uniforms ............................................................................................. 20 ARTICLE V LEAVES ............................................................................................. 20 Section 1 Vacation ............................................................................................. 20 12.b Packet Pg. 359 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 3 Section 2 Holiday Leave ............................................................................................. 22 Section 3 Sick Leave ............................................................................................. 24 Section 4 Payment of Sick Leave ................................................................................... 26 Section 5 Election Leave ............................................................................................. 26 Section 6 Other Leaves ............................................................................................. 26 ARTICLE VI WORKING CONDITIONS ............................................................................. 27 Section 1 Work Periods ............................................................................................. 27 ARTICLE VII GENERAL PROVISIONS .............................................................................. 28 Section 1 Full Understanding; Waiver ............................................................................ 28 Section 2 Severability ............................................................................................. 28 Section 3 Support of Agreement .................................................................................... 28 Section 4 Term of Memorandum of Understanding ........................................................ 29 Section 5 Notice of Intent to Reopen ............................................................................. 29 SIGNATURE PAGE .................................................................................................. 30 INDEX 31 APPENDIX A MOU Provisions to be Included as Part of the City of San Bernardino’s Uniform Policies Section A1 – Contract for Services Section A2 – Grievance Procedure Section A3 – Skelly Rights Section A4 – Non-Discrimination Section A5 – Personnel Files Section A6 – Bulletin Boards Section A7 – Education Tuition Assistance Section A8 – Employee Assistance Program (EAP) Section A9 – Catastrophic Leave Section A10 – Injury Leave Section A11 – Leave of Absence without Pay Section A12 – Witness Leave Section A13 – Military Leave Section A14 – Jury Duty Section A15 – Physical Examinations Section A16 – Probationary Period Section A17 – Seniority Section A18 – Reasonable Suspicion Drug and Alcohol Testing 12.b Packet Pg. 360 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 4 DEFINITION OF TERMS City: The City of San Bernardino Day: As it pertains to a sick leave day or a vacation day, one (1) “day” equals ten (10) hours, unless otherwise specified. Exclusion: Excluded from Police Dispatch for purposes of representation are: classification titles designated as management/confidential, middle-management or safety; positions established and created under federal contract; and temporary, part-time, provisional and probationary individuals. Police Dispatch: Includes titles listed in the City’s Salary Schedule, as may be amended. Additional titles in the unit may be established by the Mayor and City Council. Also reference “Exclusions” above. Mandatory and Permissive: “Shall” is mandatory; “may” is permissive. MOU: Memorandum of Understanding Regular Full-Time An Employee who has been appointed to a Regular, Full-Time Employee: position and has completed their probation period. Association: The exclusive bargaining representative for Police Dispatch employees. 12.b Packet Pg. 361 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 5 ARTICLE I ADMINISTRATION Section 1 – Parties to Memorandum of Understanding The Memorandum of Understanding is made and entered into by and between the City of San Bernardino (“City”) and the Police Dispatch Employees represented by the San Bernardino Police Dispatch Association (SBPDA), pursuant to Government Code Sections 3500 et seq. Section 2 – Recognition The City hereby recognizes the SBPDA as the exclusive representative for the purpose of meet and confer with respect to wages, hours, terms and conditions of employment for all employees within the classifications as set forth below: Police Dispatcher I Police Dispatcher II Should any valid federal or state law or formal determination of any board or court of competent jurisdiction affect any provisions, those affected provisions shall be made to conform to the law or determination and otherwise this MOU shall continue in full force and effect. Nothing in the above shall be construed as requiring an employee to join the recognized Association nor to maintain his or her membership in the recognized Association as a condition of employment. Section 3 – Management Rights This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of selection for employment promotions; dire ct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; maintain the efficiency of governmental operations; determine the meth ods, means and numbers and kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted; determine and change the number 12.b Packet Pg. 362 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 6 of work locations, relocations and types of operations, processes and materials to be used in carrying out all City functions, including but not limited to, the right to contract for or subcontract any work or operations of the City; assign work to and schedule employees in accordance with requirements as determ ined by the City, and establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to quality and quantity standards; and, carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work. Section 4 – Employee Rights A. Employees have the right to a safe and harassment free work environment as set forth in the City’s policy on Non-Discrimination/Workplace Harassment. Employees of the City have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations, including but not limited to: wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights. Representation rights of the Association as exclusive representative shall not be compromised. B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. C. Individual Agreement - The City of San Bernardino shall not negotiate with or enter into memorandum of understanding or grant rights or benefits not covered in this agreement to any employee unless such action is with SBPDA concurrence. Section 5 – Agency Personnel Rules A. Purpose. It is understood and agreed that there exists within the City in written or unwritten form, certain personnel rules, policies, practices and benefits generally contained in the applicable City of San Bernardino Municipal Code; The City of San Bernardino Uniform Personnel Rules and Policies, as amended; Resolution No. 105 84, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer -Employee Relations, as amended, and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, 12.b Packet Pg. 363 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 7 except for provisions modified by the City Council in accordance with federal or state laws, orders, regulations, official instructions or policies. B. Department Work Rules. The City may prepare, issue and enforce rules and safety regulations necessary for the safe, orderly, and efficient department operations. Any departmental work rules initiated, established and promulgated by the City shall be posted on bulletin boards ten (10) days prior to their effective date, except in emergency situations. A copy of such rules shall be sent to the Association office. The reasonableness of any disciplinary action taken as a result of a violation of any departmental work rule may be determined in the grievance procedure at the employee's election. The City shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied. The Police department will provide a copy of updates to Departmental Work Rules as they occur. C. MOU Personnel Rules. The City represents that in implementing Section 508 of the City of San Bernardino’s new Charter that became effective on January 31, 2017, the following provisions shall be included as part of the City’s uniform policies: a) Article I, Section 5, Contract for Services b) Article II, Section 4, Grievance Procedure c) Article II, Section 6, Skelly Rights d) Article II, Section 7, Non-Discrimination e) Article II, Section 8, Personnel Files f) Article II, Section 9, Bulletin Boards g) Article IV, Section 4, Education Tuition Assistance h) Article IV, Section 6, Employee Assistance Program (EAP) i) Article V, Section 5, Catastrophic Leave j) Article V, Section 6, Injury Leave k) Article V, Section 7, Leave of Absence without Pay l) Article V, Section 8, Witness Leave m) Article V, Section 11, Military Leave n) Article V, Section 12, Jury Duty o) Article VI, Section 2, Physical Examinations p) Article VI, Section 3, Probationary Period q) Article VI, Section 4, Seniority r) Article VI, Section 5, Reasonable Suspicion Drug and Alcohol Testing The above Sections will be attached to this MOU as Appendix A and will be considered as part of this MOU. In addition, these Sections will be included as part of the City’s uniform personnel policies and/or part of the City of San Bernardino’s Municipal Code. Section 6 – Safety Committee 12.b Packet Pg. 364 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 8 There is established a City-wide Safety Committee in which the Police Dispatch Employees has membership. The SBPDA shall appoint two (2) members to the Safety Committee. The appointments should not include more than one member and one alternate from each City Department. The Committee will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Manager or their designee for all corrective actions in establishing better job safety. The Committee will improve safety communications throughout the City and review each accident on or off City property. The Committee will investigate all "industrial type” accidents and "vehicular" accidents and make recommendations on how the accident could have been prevented. The Committee is expected to establish its own rules of conduct, to elect its own officers at the first meeting in January and keep minutes of all its meetings, findings and recommendations. The Committee is expected to meet no less than once a month at a time agreeable to all members. Upon completion of reviews by the Committee of accidents/ incidents, the Committee will make recommendations for corrective measures to establish safer working conditions and may recommend disciplinary action. It is of mutual benefit to the City and to the employee to be fully aware of and comply with all safety rules and regulations. The City, Association and employees agree to work towards preventing job-related injuries to employees and damage to both public and private property. Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement. In the event a representative from either side is unable to attend a meeting, the spokesperson from each side may, with two (2) working days' notice to the other side, select an alternate. The Safety Committee shall forward to the SBPDA office a copy of all minutes, findings and recommendations at the conclusion of each meeting. Section 7 – Labor-Management Committee The SBPDA will designate two (2) representatives to meet with the City on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and employees. The Association may have additional representatives present when appropriate for the discussion of scheduled matters. Normally, such meeting shall be during working hours. Section 8 – Employee Representatives SBPDA may designate no more than two (2) representatives who will be allowed reasonable release time to contact SBPDA Business Representatives and participate in 12.b Packet Pg. 365 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 9 required committee meetings. Association representatives shall not receive any additional time or compensation for the designation. Association representatives will not represent Police Dispatch employees in disciplinary action meetings, investigation interviews, and/or any meeting that may lead to disciplinary action. SBPDA shall provide the City an initial list of stewards and thereafter upon request by the City. The position of association representative shall not interfere with the daily operations of the City. ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 – Recognition/Association Security The City hereby acknowledges that the SBPDA is recognized by the City as the exclusive representative for the Police Dispatch employees for purposes of meeting and conferring on wages, hours, and other terms and conditions of employment and for all other matters related to employer-employee relations for these employees. The granting of "exclusive" recognition shall not preclude employee self-representation in matters where individual rights, protections and concerns are involved; provided, however, the representation rights of the Association as exclusive representative shall not be compromised thereby. If a unit member does not wish to be represented by the Association in matters pertaining to grievances and disciplinary appeals and wishes to represent themself, such member shall be required to provide the Association and the City with a signed statement waiving the right to Association representation in such matters. Section 2 - No Strike It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City and the employees of the City. It is recognized that any work disruptions are unproductive to City operations and services provided to its citizens. The Association and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Association and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association shall not, on behalf of itself and its members, individually or collectively engage in any curtailment or restriction of work at any time during the term of this MOU. Section 3 - Payroll Deduction for Association Dues/Service Fees It is agreed that the Association membership dues shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues deducted from the pay warrants of employees covered hereby shall be made to the Association with 30 days after the conclusion of the month in which said membership dues were deducted. 12.b Packet Pg. 366 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 10 The City shall not be liable to the Association, employees or any other persons by reason of the requirements of this section for the remittance of any sum other than those constituting actual deductions made from the employee wages earned. The Association shall hold the City harmless from any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of, or by reason of, action taken by the City under this section. Section 4 - Budget Documents The City agrees to provide the Association at no cost one (1) copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Association. Section 5 – New Employee Orientation The City will distribute the Memorandum of Understanding, or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will allow the Association to make a presentation at employee orientations. New employee orientation means an “in person” meeting designated as such and scheduled with representatives of the City to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters. Notice Requirements The City will make every effort to provide written notice (by email, letter, or text) to the Association of all new employee orientations. The Association’s exclusive representative shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The new employee orientation notice provided to the Association shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that a representative from the Association are available to meet with the employee prior to or following the orientation session. If the Association or its representative are not available on the day or time the City has scheduled its orientation, the City will allow the Association to meet with the new employee within 30 calendar days of hire. During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Association to each new employee hired into a position/classification represented by the Association, that the employee’s position is represented by the Association. To properly identify current Association leaders, the Association will provide a roster of representative(s) to the City prior to such orientation. The Association will be provided the opportunity for one (1) representative to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following 12.b Packet Pg. 367 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 11 new employee orientation. The Association may provide written materials, including a packet of information, to the new employee(s). The Association agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures. The Association’s presentation will be conducted during paid City time as a regular part of the new employee orientation. At no time shall any Association member incur any overtime or additional costs to the City. The Association will provide the Human Resources Department, at least 48 working hours in advance notice, of the name of the association member who they wish to attend the orientation. Section 6 - New Employee Information Upon request by the Association, the Human Resources Department will furnish the Association with information on new Police Dispatch employees, excluding their home addresses. Data will include name, job title, department, work location, work, home and personal cellular telephone numbers, and personal email addresses on file. Section 7 - Association Logos A. Police Dispatch employees wishing to demonstrate their support for, or affiliation with, SBPDA shall be permitted to wear an Association button, badge, logo, or pin as long as the button, badge, logo, or pin does not create a safety or health issue or interfere with the efficient operations of the employer. B. In consideration of the above, said button, badge, logo, or pin must be consistent with all of the following: 1. Removable; 2. For uniformed employees only, it must be centered and fit on the pocket flap or in the area where the pocket flap is supposed to be on the jacket, shirt, blouse, or sweater; 3. It may not carry a message that is libelous, obscene or defamatory. C. Police Dispatch employees will be permitted to wear an Association button or pin as long as it does not create a safety or health issue, interfere with the efficient operations of the employer, or conflict with previously adopted uniform standards in department work rules/operating procedures. ARTICLE III COMPENSATION Section 1 – Salaries 12.b Packet Pg. 368 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 12 Effective the first full pay period following July 1, 2021, the salary ranges for all unit members shall be increased by four and thirty-five hundredths percent (4.35%) to reflect a cost of living adjustment (COLA), effective the first full pay period following July 1, 2022, the salary ranges for all unit members shall be increased by four and thirty-five hundredths percent (4.35%), effective the first full pay period following July 1, 2023, the salary ranges for all unit members shall be increased by three percent (3%), effective the first full pay period following July 1, 2024, the salary ranges for all unit members shall be increased by three percent (3%). All salary ranges for classifications represented by the SBPDA shall be amended by the City Council in accordance with these provisions. Section 2 – Classification and Compensation Study The City agrees to implement the classification and compensation study (“Study”) that was conducted during fiscal year 2019-2020. Effective the first full pay period following July 1, 2021, members would be moved to the minimum of their new compensation range. When an employee falls out of range, the member’s current compensation is less than the bottom step of the new compensation range, the member will be moved to the bottom step of the new compensation range. Any employee within the range of the updated compensation range will be eligible for an increase at their annual merit increase date The City agrees to conduct a classification and salary study (“Study”) during fiscal year 2024-2025. The purpose of the Study will be to review current SBPDA employee classifications and propose revisions that provide fair and rational internal and external relationships. A joint job evaluation/compensation committee will be established to review the Study recommendations and develop a plan for implementing the study. The City and the SBPDA agree to address any salary adjustments to individual classifications during fiscal year 2024-2025 and any adjustments may be implemented in a subsequent MOU. Any salary equity adjustments to individual classifications will be considered with any across-the-board salary adjustments as to the total cost of bargaining unit salaries. Annual salary adjustments, which may include equity adjustments resulting from the Study, will be based upon availability of funds and will be evaluated in the context of the City’s long term financial plan. Section 3 – Retirement Benefits SBPDA members are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as follows: Tier I: Employees hired on or before October 3, 2011 shall receive a 2.7%@ 55 retirement benefit; Tier II: CalPERS “Classic Members” hired on or after October 4, 2011 shall receive a 2% @ 55 retirement benefit; 12.b Packet Pg. 369 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 13 Tier III: CalPERS “New Members” hired on or after January 1, 2013 shall receive a 2% @ 62 retirement benefit in accordance with the Public Employees’ Pension Reform Act of 2013 (PEPRA). Employee Share. Effective 2/1/2013, all Tier I and Tier II employees shall pay the employee’s share of the retirement contribution, either 8% for the 2.7@ @ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier III employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost. Employer Share. Effective 2/1/2013, all employees shall pay 1.304% of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit. For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation earnable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years. The City and SBPDA acknowledge that the PEPRA laws and regulations shall govern a determination of whether employees are hired as “new members” or “classic or legacy” members. Section 4 – Overtime All employees in Police Dispatch will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Employees shall be paid overtime compensation at the FLSA rate for all hours worked over 40 hours in the designated work week. Holiday, compensatory time, concession leave, workers’ compensation, and authorized unpaid leave hours shall not apply towards hours worked in the work week. Overtime work shall not be authorized unless the employee has obtained the prior approval of their Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the earliest possible time after the performance of emergency work. In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article III, Section 6. Compensatory Time Bank: When an employee works overtime, he or she shall earn overtime at the FLSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked or the numb er of overtime hours worked will be placed in a compensatory time bank, based on the employee's request . The Finance Department (Payroll) will track the compensatory time accrued and used, 12.b Packet Pg. 370 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 14 and the compensatory time balance will appear on the employee's pay check. Department Head approval will be required in order for employees to use time from the compensatory time bank. Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of June 30 each year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of June 30 of each year will be paid at the employee's regular rate of pay and will be included on the first paycheck in December. If the employee terminates employment or if the employee is promoted to a position in the City, the compensatory time bank will be paid off at the then current rate of pay. Daylight Savings Time: Employees required to work during daylight savings time when their shift is extended by one (1) hour (clocks are turned back one (1) hour) will be compensated for that hour. Employees required to work when their shift is reduced by one (1) hour (clocks are turned forward one (1) hour) will be deducted one (1) hour of compensation time. Section 5 – Higher Acting Classification Pay Upon approval by the City Manager, a Department/Division Head may assign or reassign a qualified unit employee to discharge the duties of a higher classification when a position is vacant or in the absence of the incumbent due to resignation, termination, promotion, or an extended leave of absence, or other emergency circumstances. An employee so assigned in writing by the Department/Division Head, with the approval of the City Manager, shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting duty assignment, except for those employees who can prove that they have served a total of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months, based upon their official Human Resources Department records. No Police Dispatch employee that is on probation shall be placed in a higher acting classification. Further, no Police Dispatch employee shall be in a higher acting classification for more than one (1) year. As a condition to receiving the higher acting pay, the Department designee must complete the required Personnel Action Forms (PAFs) and the Department Head and the City Manager must approve the request. An employee assigned to work in a higher classification on an acting basis shall receive at least five percent (5%) above their current base rate of pay. The City will not circumvent the intent of this article by using various employees to thwart the intention of this article. 12.b Packet Pg. 371 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 15 Employees who believe they are performing duties of a higher level outside of their current classification, and who believe they have been unable to resolve the situation satisfactorily, shall have the right to appeal their issue via the current grievance procedure (Appendix A, B2). To be eligible for higher acting pay, unit members shall: 1) perform the full range and majority of the duties in the higher-level classification that are unrelated to an employee’s current classification; and, 2) perform the full range and majority of the higher classification duties for five full working days based upon the unit member’s assigned work schedule. Section 6 – Call-Back/Standby Assignment and Pay An employee who is free to engage in their own pursuits while off duty, subject only to carrying a cellphone, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article Three, Section IV (Overtime). If a Department Head places an employee on standby, defined as the employee being in a state of readiness and immediate availability to come to work outside of their normal work hours, the SBPDA and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status: Standby Status Hours Compensated For the employee's five (5) work days 7.5 hours for 5 days during their work week (or prorate at 1.5 hrs/day) For the employee's two (2) non-work days 4 hours for 2 days during their work week (or pro rate at 2.0 hrs/day) OR, For all seven (7) days during a work week 10 work hours AND, For any holiday, as described in this MOU, 2 extra work hours during which the employee stands by for all per scheduled holiday - or any portion of the 24-hour day added to the above Payment for hours described above shall be compensated at the regular rate of pay. Police Dispatch Call-Back Pay: An employee cannot be in standby status and call-back status at the same time. 12.b Packet Pg. 372 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 16 Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time, vacation, holiday, and compensatory time. In such cases, employee will be paid straight time. An employee called back to wo rk shall be paid for a minimum of two (2) hours of work. The Police Dispatch employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call'" as that term is used in the Fair Labor Standards Act 29 CFR 785.17. The Department will prepare a qualified list of employees for call-back/standby. Department Heads will consider the following factors in establishing and maintaining call- back and standby lists: employee seniority; special qualifications and skills. When assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call-back or standby. Rejecting an assignment will automatically place the first employee at the bottom of the list. The employee listed next must take the assignment. Departments and Divisions may use procedures that vary from the above, if the procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result of an emergency situation. Employee Court Subpoena Time: All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court, with a three (3) hour minimum. Additionally, employees will receive one -half (1/2) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance. In the event an employee is placed on standby on their day off for a work -related court subpoena, the employee will receive three (3) hours standby pay for each day on a standby status. For morning standby subpoenas where employees are called to court an d do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one -half (1/2) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the standby will start with the time stated on the subpoena. All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to such subpoena. 12.b Packet Pg. 373 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 17 It is hereby agreed by and between the parties hereto that the Police Dispatch employees covered by this provision are not so severely restricted in their activities while on standby status as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17. Section 7 – Shift Differential Association employees shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing or graveyard shift. A. An employee assigned to the swing shift (normal start and ending time of 4:00 p.m. to 2:00 a.m., respectively, or where the majority of their scheduled hours fall between those hours) shall receive $65 per month extra for all hours actually worked during such assignment; or, B. An employee assigned to the graveyard shift (normal start and end time of 9:00 p.m. to 7:00 a.m., respectively, or where the majority of their scheduled hours fall between those hours) shall receive $100 per month extra for all hours actually worked during such assignment. C. Any employee who is permanently assigned to the swing or graveyard shift will receive the additional monthly pay. The additional pay will only begin and end on the 1 st and the 16th of the month. Whenever permanent swing or graveyard shift employees work overtime on another shift, their hourly pay will include the additional monthly pay. D. Any non-swing/graveyard shift employees who work overtime in a swing or graveyard shift will only be paid at the regular rate of pay (no additional differential pay). E. The Departments, by memo, will inform Payroll which employees are permanently assigned to swing and graveyard shifts and should receive the additional monthly pay. Permanent is defined as working thirty (30) days or more. Section 8 – Fines The City shall pay for court fines imposed upon any permanent Employee within the Association as a result of their conviction of a violation as a result of being directed to operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation. Section 9 – Bilingual Pay Police Dispatch employees, as designated by the City Manager and who meet the certification and eligibility requirements as developed by the City, shall be compensated at the rate of seventy-five dollars ($75) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an 12.b Packet Pg. 374 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 18 employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification. Not more than four (4) Police Dispatch employees may be designated to receive bilingual pay. The City Manager or designee will retain the right to select the four (4) eligible employees. The City shall reserve the right to determine languages for which testing will be conducted. Section 10 – Training Pay Eligible and qualified employees as identified below will receive additional compensation for training as assigned by a Department Head. In or about July of each year th is MOU is effective, a Department may establish a list of employees who, in the sole determination of the Department Head, are qualified to serve as a trainer for new and/or probationary employees. Each Department may establish requirements to serve as a trainer and may develop in-house evaluation procedures to measure qualifications. Such evaluation procedures may include, without limitation, the completion of an application, testing, and interviews. Any of the qualified trainers on the eligible list may be called upon during the year to train new employees. Training assignments will be assigned in one (1) week increments; for example, training assignments may be for one (1) week to one (1) month or more. As a condition to receiving training compensation under this Section, all training assignments must be designated as to length and scope of training on Departmental forms. All training assignments must also be approved in writing by the Department Head or their designee prior to the commencement of the training assignment. Qualified employees assigned to training will receive compensation of $37.50 per week. Training assignments may be discontinued at any time and for any reason, and will be based, in part, upon the needs and budget of the Department. The position that qualifies for a training pay program include Dispatcher II (assuming all Dispatcher I flex to Dispatch II when completing probation/training . ARTICLE IV FRINGE BENEFITS Section 1 – Health Benefits and Life Insurance A. Effective the first full pay period following July 1, 2021, the City will contribute $715.00 per month toward health premiums for Employee Only, $1,289.00 per month for Employee Plus One Dependent, and $1,724.00 per month for Employee Plus Two or More Dependents. For the term of this Agreement only, health contributions shall be benchmarked at the Kaiser rate. 12.b Packet Pg. 375 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 19 The amount of the City’s contribution is based on the selection of the “medical” enrollment category. If an employee elects “employee only” medical coverage, then the “employee only” allowance is provided to the employee. Any contribution not utilized by the employee shall revert to the City. B. Insurance benefits available for purchase by employees include: medical, dental, vision, and supplemental life and accidental death and dismemberment insurance. Unless otherwise specified, City contributions cannot be used for any voluntary benefits offered to unit members. C. An employee must purchase insurance offered through the City in order to utilize the contributions described in Section A above. D. Employees may use any of the amounts described in Section A to purchase any/all of the insurance benefits described in Section B. E. Cafeteria monies may be redesigned or a change of plans may be ma de in accordance with the rules established by the insurance plan selected by the employee. F. The City shall provide each employee with $10,000 basic life insurance and $ 25,000 Accidental Death and Dismemberment (AD&D). G. An employee who does not want to enroll in any health care plan offered by the City must provide evidence of health care insurance coverage, and execute a “Waiver of Benefits and Release Agreement” releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who elect to waive the City’s health care insurance may receive a stipend as shall be determined by the City on an annual basis. Employees who elect to waive the City’s health care insurance will receive a stipend. The parties acknowledge that the stipend for calendar year 2021 is $3,250 and will be paid within 30 calendar days after full execution of this agreement. The stipend for calendar year 2022 is $3,500 and will be paid in December 2022. Thereafter, for the term of this MOU, health care stipends in an amount of $3,500 will be paid to those employees who elect to waive the City’s health care insurance and will be paid in December of the Plan Year. Health Care stipends are not considered compensation for purposes of CalPERS retirement calculations and are subject to federal and state withholding taxes. H. The Association agrees to participate in the City’s Joint Labor-Management Health Benefits Committee (“Committee”) to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this MOU, the City intends to review health care provider options especially in light of potential changes to the current Affordable Care Act (“ACA”). During the term of this MOU, City reserves the right, and the Association agrees, to reopen this MOU on providers and/or any provision in this Section. 12.b Packet Pg. 376 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 20 I. All full-time, regular employees will be covered under the City’s Long Term Disability (LTD) insurance plan. The City will pay 100% of the LTD insurance plan premiums for full-time, regular employees during the length of this MOU. J. Employees must be in a paid status for fiftee n (15) consecutive days, in any given month, to receive the benefits of this Article, unless the employee is on a qualifying approved leave, such as Family Medical Leave, and is eligible for benefit continuation under applicable state or federal law. Members who have been suspended or discharged pending an administrative appeal shall be eligible for continuation of benefits pending final disposition of the disciplinary matter by the City’s Personnel Commission. Section 2 – Post Employment Health Plan (PEHP) “The City agrees to participate in the Post Employment Health Plan (PEHP) in accordance with the terms and conditions of the Plan’s Participation Agreement. Participation in the PEHP will be discussed on an annual basis as part of the City’s Joint Labor-Management Health Benefits Committee as provided in Article IV, Section 1(H).” Section 3 – Uniforms The City shall provide uniforms to any employee required to wear a uniform. ARTICLE V LEAVES Section 1 – Vacation A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows: Completed Years of Rate of Accrual Equivalent Hours Continuous Service* per pay Period Per Year 1 year** 3.0769 hours 80 hours 5 years 4.6153 hours 120 hours 15 years 6.1538 hours 160 hours 20 years 7.6923 hours 200 hours *Service year begins on initial date of employment in a full -time, regular status. **No vacation granted or accrued if service is less than one year. At the time of voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, which exceeds number of hours actually accrued, a deduction shall be 12.b Packet Pg. 377 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 21 made from the employee's final compensation for the number of hours in excess of the accrual. B. The amount of accrual shall not exceed the specified number of hours granted per year. C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation. D. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the employee's rate of accrual. Vacations or portions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation. Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head. Department Heads shall respond to vacation requests submitted on City approved forms within five (5) work days. Department Heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of five (5) work days. The vacation period to which any employee shall be entitled shall be assigned by the Department Head in the calendar year when due, except when the Department Head with the approval of the City Manager or their designee determines that an emergency or other valid factors prevent the employee from utilizing their vacation during the calendar year when due. Should this occur, the employee's vacation should be rescheduled at the very earliest mutually acceptable date. In the event an employee is compensated for less than fifty percent (50%) of the payroll period, they shall not be credited with any vacation accrual for that pay period. E. Upon termination, payment for earned vacation or deduction for unearned vacation shall be made on the basis of the hourly rate of pay being received by the employee on the date of termination. F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City of San Bernardino. G. The employee shall not lose any vacation time off due to action by the City. 12.b Packet Pg. 378 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 22 H. Vacation credits may be taken off in increments according to Department Work Rules with prior Department Head approval. I. When an employee returns to work after a break in continuous service, and when such break in continuous service shall have been by leave of absence with the approval of the City Manager or their designee, vacation time shall not accrue during such break in continuous service, but shall accrue from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. J. Employees may sell back up to forty (40) hours of vacation time per year providing that the following conditions have been met: 1. Employees must have a minimum of one hundred twenty (120) hours in their vacation balance before sell back occurs. 2. Employees must have taken a one-consecutive (1) week vacation during the past year prior to the sell back of hours. 3. Employees must complete a sell back form, which must include a Department Head signature. 4. Forms must be submitted to the Finance Department on or before April 15th of each year. 5. Payment for vacation sell back hours will be paid (using current Council approved salary rates in the salary resolution) on the employee’s May paycheck each year. Section 2 – Holiday Leave A. Holiday Leave Accrual. City Designated Holidays: Employees shall be entitled to twelve (12) City-designated holidays, the equivalent of one hundred and eight (108) holiday hours each year for those employees on a 5/40 or a 9/80 regular work schedule. Those employees on a 4/10 work schedule shall be entitled to twelve (12) City-designated holidays, the equivalent of one hundred twenty (120) holiday hours each year. The following days will be holidays for the purpose of this MOU: New Year's Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Traditional Veteran's Day (November 11) Thanksgiving Day 12.b Packet Pg. 379 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 23 Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day In addition to the above, all employees, including new employees, shall be credited with eighteen (18) hours of Holiday Account time per calendar year (formerly floating Holidays). All hours of holiday leave will be credited to an employee’s account on January 1st of each year this MOU is in effect. B. Holiday Leave Carry-Over. On June 30th of each year that this MOU is in effect, Police Dispatch employees may carry over up to forty (40) hours of accrued holiday leave. Any holiday leave in excess of forty (40) hours on June 30th will be forfeited. C. Scheduling Holiday Leave. All full-time employees within the bargaining unit, with the exception of those employees shown in the following paragraphs, shall be allowed the above holidays at full pay when such holidays occur within the regularly assigned working periods, provided they are in a paid status during any portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an employee to work on any of the above -mentioned holidays, except as provided herein, they shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Department Head. The Department Head shall consider employees' requests for scheduling the eighteen (18) holiday account hours per calendar year, provided however, the final right to allot the hours to be observed is reserved exclusively to the Department Head. The Department Head will not unreasonably withhold permission to take time off. The employee may supplement the holiday with accrued vacation, accrued holiday time, or compensatory time. D. Other Provisions: 1. Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee’s holiday account for that day will be based upon the employee’s work schedule as provided in Article VI, Section 1 Work Periods. 2. If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay. 3. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned. 12.b Packet Pg. 380 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 24 4. On or about November 30th of each calendar year, the City Manager shall determine, and the Human Resources Department will distribute, the schedule of specific days that the above holidays will be observed. For example, holidays listed above may be allowed on a Monday, if any such holiday falls on Sunday, and may be allowed on the preceding Friday, if such holiday falls on a Saturday for all employees, except those covered by other provisions herein. 5. Holidays earned in any twelve (12) month period may not be accumulated beyond the total number of holidays allowed each year by this MOU. F. Upon separation from the City, employees shall be paid for ninety percent (90%) of their current holiday account. Section 3 - Sick Leave A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendance upon a member of their immediate family who is seriously ill and requires the care of or attendance of any employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother -in-law; father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren. Sick Leave Usage for Family Members: Not more than eighty (80) hours of sick leave within any calendar year may be granted to an employee for the care of or attendance upon members of their immediate family, as defined above. Not more than forty (40) hours of sick leave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an employee to submit evidence of eligibility to use sick leave for purposes of attend ing the funeral of a member of the employee's immediate family. B. Sick Leave Usage for Employees 1. Upon the department's request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer. Employees suspected of abuse or excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work. If a physician’s statement is requested, the Department Head or their designee must notify the employee prior to or on the first day of leave. Thereafter, the employee may be required to submit additional physician statements. 2. No absence due to illness or injury in excess of forty (40) hours sh all be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to their approval 12.b Packet Pg. 381 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 25 concerning such absence. The City Manager, or their designee, may require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse rep ort, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager, or their designee, may terminate sick leave compensation and reject any claim therefor. The City Manager shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform their work and duties satisfactorily before permitting an employee who has been on sick leave to return to work. 3. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in Department/Division work rules. 4. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose positions are funded under federal law who are regularly employed in permanent or federally-funded positions, if such benefit is required by said federal law. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. 5. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, the employee must take the vacation time not utilized due to illness or injury during the next calendar year. 6. Regular full-time employees hired on or after July 1, 2017 and who are covered by this MOU are eligible to receive thirty (30) hours of paid sick leave after the new employees have been employed with the City for ninety (90) days. Such paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City’s Paid Sick Leave Policy (AB 1522) adopted by the Mayor and City Council on June 18, 2015 by Resolution 2015-116.At no time may an employee accrue more than 1,040 hours of sick leave. C. Employees shall not accumulate sick leave while compensated under the provisions of Appendix A, B9, Catastrophic Leave, and Appendix A, B11, Leave of Absence without Pay. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick lea ve shall not accumulate during periods of leave of absence without pay. 12.b Packet Pg. 382 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 26 In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, they shall accrue no sick leave for such pay period and shall not be credited with the four (4) hours sick leave. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave. Section 4 - Payment of Sick Leave A. Payment for Unused Sick Leave: At the time of separation from service, an employee having six (6) or more years of service is eligible for compensation for unused post-petition sick leave as follows: a) 288 hours or less = no cash value; b) 289 -479 = cash payment of 20% of accrued post-petition sick leave; c) 480-959 = cash payment of 25% of accrued post-petition sick leave; d) 960 or more hour = cash payment of 35% of accrued post-petition sick leave. B. Sick Leave Sell Back: On or before February 15th of each year this MOU is in effect, eligible employees will be allowed to cash out up to forty (40) hours of sick leave per year, providing the employee has at least one hundred and sixty (160) hours in their sick leave account after the sell back. Employees must complete a sell back form, which must include the Department Head’s signature. Forms must be submitted to the Finance Department on or before February 15th each year. Payment for sick leave sell back will be paid (using the current City Council approved salary rates in the salary resolution) to employees in their March payroll check. Section 5 - Election Leave Time off with pay to vote in any general or direct primary elections shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Section 6 – Other Leaves The City complies with the applicable provisions of the Federal Family and Medical Leave Act (FMLA), the Federal Pregnancy Discrimination Act (PDA), the California Family Rights Act of 1992 (CFRA), the California Pregnancy Disability Leave Law (PDL), and other medical and/or family leave benefits applicable under both Federal and California law. Applicable California and Federal statutory rights and obligations regarding leaves 12.b Packet Pg. 383 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 27 of absence which now exist or that may become in effect during the term of this MOU and are not specifically addressed in this MOU are incorporated by reference. City policies and procedures for administering current and new laws and regulations impacting employee leaves and benefits are available from the City’s Human Resources Department. ARTICLE VI WORKING CONDITIONS Section 1 – Work Periods A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for: 1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40) hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods assigned by management. 2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one (1), eight (8) hour work day, exclusive of any meal periods assigned by management. 3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty- (40) hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods assigned by management. Work schedules shall be posted on all department bulletin boards showing the employees' shift, work days and where known, hours. B. Work Schedule Adjustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of services for the public, and to make such adjustment in work shifts as are from time to time required. The City shall give the employees and the Association two (2) weeks’ notice of any proposed changes in scheduled work shifts prior to implementation. If the Association wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Association, both parties shall meet within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any problems ari sing as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head, are not bound by the two (2) week notice requirement. If a light-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyard shift, the City shall give the employee and the Association two 12.b Packet Pg. 384 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 28 (2) weeks’ notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section B above shall apply. 1. This section does not include minor adjustments in the starting and ending times of employee shifts 2. During the two-week notification period, the employee continues on current status/schedule. ARTICLE VII GENERAL PROVISIONS Section 1 – Full Understanding, Waiver The parties acknowledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Association, for the life of this MOU, each voluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU. Section 2 – Severability It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or city enactments, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such part or provision shall be superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. Section 3 – Support of Agreement By entering into this MOU, the City and the SBPDA have arrived at a final understanding through the meet and confer process, resolving any differences which may have arisen during that process. Accordingly, it is agreed that the SBPDA and the City will support the MOU for its term and for purposes of Association ratification and Council Approval. Nothing contained in this MOU shall become binding upon the parties until such time as 12.b Packet Pg. 385 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 29 the City Council, by legislative enactment and allocation of funds, agrees and adopts it terms and conditions. Section 4 - Term of Memorandum of Understanding The term of this MOU extends through June 30, 2025. If negotiations regarding an MOU are in progress at the time the current MOU expires or if the parties are at impasse, the current MOU shall remain in effect until a successor MOU is adopted by the Mayor and Common Council. During the term of this MOU, the provisions regarding allocation, use, and payoffs for pre-petition leave time provided in side letter 2015-271 shall continue to be in effect. Section 5 - Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, such requested meeting shall be held at least one hundred twenty (120) days before the expiration of the MOU. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. 12.b Packet Pg. 386 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 30 SAN BERNARDINO POLICE DISPATCH ASSOCIATION (“SBPDA”) MEMORANDUM OF UNDERSTANDING 2021-2025 Executed this ________ day of ___________________, 2022. Robert D. Field, City Manager Tiffany Moran, SBPDA Labor Relations Representative ___ Mathew Abrego, President __ ___ David Evans, Vice President ATTEST: Genoveva Rocha, City Clerk Approved as to form: Sonia Carvalho, City Attorney 12.b Packet Pg. 387 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 31 INDEX Title Page Agency Personnel Rules ......................................................................................................... 8 Bilingual Pay .......................................................................................................................... 20 Budget Documents ................................................................................................................. 13 Call-Back/Standby Assignment & Pay ..................................................................................... 17 Classification/Compensation Study ........................................................................................ 14 Definition of Terms .................................................................................................................. 6 Election Leave ........................................................................................................................ 30 Employee Lists........................................................................................................................ 13 Employee Orientation.............................................................................................................. 13 Employee Rights ..................................................................................................................... 8 Employee Stewards ................................................................................................................ 11 Fines ....................................................................................................................................... 20 Full Understanding; Waiver ..................................................................................................... 32 Health Benefits and Life Insurance.......................................................................................... 22 Higher Acting Classification Pay ............................................................................................. 16 Holiday Leave ......................................................................................................................... 26 Labor-Management Committee ............................................................................................... 10 Management Rights ................................................................................................................ 7 New Employee Information ..................................................................................................... 13 No Strike ................................................................................................................................. 11 Notice of Intent to Reopen ...................................................................................................... 33 Other Leaves .......................................................................................................................... 31 Overtime ................................................................................................................................. 15 Parties to MOU ....................................................................................................................... 7 Payment of Sick Leave ........................................................................................................... 30 Payroll Deduction for Association Dues/Service (Fair Share) Fees ......................................... 12 Personal Tool Replacement Allowance ................................................................................... 19 Post Employment Health Plan (PEHP) .................................................................................... 24 Recognition ............................................................................................................................. 7 Recognition/Association Security ............................................................................................ 11 Retirement Benefits ................................................................................................................ 14 Safety Committee ................................................................................................................... 9 Salaries ................................................................................................................................... 14 Severability ............................................................................................................................. 32 Shift Differential ....................................................................................................................... 19 Sick Leave .............................................................................................................................. 28 Special Certification Pay ......................................................................................................... 21 Support of Agreement ............................................................................................................. 33 Term of Memorandum of Understanding ................................................................................. 33 Training Pay ............................................................................................................................ 21 Uniforms, Rain Gear & Safety Equipment ............................................................................... 24 Association Logos ................................................................................................................... 13 Vacations ................................................................................................................................ 24 Work Periods ......................................................................................................................... 31 12.b Packet Pg. 388 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 32 APPENDIX A MOU Provisions to be Included as Part of The City of San Bernardino’s Uniform Policies 12.b Packet Pg. 389 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 33 OVERVIEW The City represents that in implementing Section 508 of the City of San Bernardino’s new Charter that became effective on January 31, 2017, the following provisions shall be included as part of the City’s uniform policies: a) Article I, Section 5, Contract for Services b) Article II, Section 4, Grievance Procedure c) Article II, Section 6, Skelly Rights d) Article II, Section 7, Non-Discrimination e) Article II, Section 8, Personnel Files f) Article II, Section 9, Bulletin Boards g) Article IV, Section 4, Education Tuition Assistance h) Article IV, Section 6, Employee Assistance Program (EAP) i) Article V, Section 5, Catastrophic Leave j) Article V, Section 6, Injury Leave k) Article V, Section 7, Leave of Absence without Pay l) Article V, Section 8, Witness Leave m) Article V, Section 11, Military Leave n) Article V, Section 12, Jury Duty o) Article VI, Section 2, Physical Examinations p) Article VI, Section 3, Probationary Period q) Article VI, Section 4, Seniority r) Article VI, Section 5, Reasonable Suspicion Drug and Alcohol Testing The above Sections will be attached to this MOU as Appendix A and will be considered as part of this MOU. In addition, these Sections will be included as part of the City’s uniform personnel policies and/or part of the City of San Bernardino’s Municipal Code. Section A1 – Contract for Services It is not the intent of the City to cause employees to lose their jobs because of a decision to contract work. If a decision is made by the City to contract work not now contracted, and that decision will result in change in the work conditions or status o f employees in the unit, the City agrees to meet and confer in good faith with the Association prior to making a final recommendation to the City Council. If the City puts out a bid for contract services, the affected department will have the opportunity to bid for services. Contract awards are subject to the City Council approval and will not be part of this agreement. Section A2 - Grievance Procedure Definition of Employee Grievance: A grievance is an alleged violation of the terms of the MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other 12.b Packet Pg. 390 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 34 conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through disciplinary appeals to the Personnel Commission. If the employee chooses to appeal disciplinary action to the Personnel Commission, they shall be precluded from filing a grievance. Additionally, allegations of discrimination and harassment shall be submitted to the Equal Employment Officer. The Equal Employment Officer/Director of Human Resources may recommend that the matter be brought as a formal grievance. As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the general employee representation unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head. If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Manager who will be the ultimate authority. The aggrieved employee shall have the right to be represented, if they desire, by the designated Association representative. Working Day: As used in this section, "working day"' shall refer to the employee’s working day or to the working day of the other party involved (supervisor, Division Head, Department Head, Director of Human Resources, City Manager and/or their designees), depending upon whose response or action is pending. Procedural Steps for Handling Grievances: A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Oral presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant’ s knowledge of the incident’s occurrence. The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) their response to the employee in the event the grievance proceeds to the Formal level. B. Formal: 1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing by the employee or their designated representative to the Department Head or their designee within ten (10) working days from the date of the oral response. The Department Head or their designee shall meet with the employee and/or their designated representative within the next ten (10) working 12.b Packet Pg. 391 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 35 days of receipt of the written grievance and shall deliver their answer in writing to the employee within ten (10) working days after the meeting. 2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or their designee shall meet with the employee, and if the employee desires, the designated Association representative, within ten (10) working days after receipt of the appeal, shall deliver their answer in writing to the employee within ten (10) working days after the meeting. 3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Manager or their designated representative within ten (10) working days from the date of delivery of said answer. The City Manager or their designated representative shall deliver their answer in writing within ten (10) working days after receipt of the appeal. 4. The decision of the City Manager or their designated representative is final and binding on all parties, unless reversed by a court decision. 5. All grievances shall be treated as confidential, and no publicity shall be given the final resolution of the grievance. C. Time Limits: Any grievance not answered by the City within the specified t ime limit listed above shall be deemed settled on the basis of the Association’s original demand. Likewise, any specified adjustment not appealed by the employee or their designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Time lines as above may be extended by mutual agreement only. D. Consolidation of Grievances: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed as long as the grievances are from employees within a single department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process. Section A3 - Skelly Rights It is mutually agreed that the City subscribes to the concept and application of progressive discipline. Discipline shall be imposed upon an employee only for just cause. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the p ublic. 12.b Packet Pg. 392 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 36 When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefore, and will be provided with a copy of the charges including material on which the action was based. Emp loyees have the right to Association representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown Act). A. The employee shall receive reasonable advance notice of the proposed disciplinary action per the City’s Personnel Rules. B. The notice shall contain the reasons, charges, and statement of the events or circumstances upon which the proposed action is based. C. The employee shall be given the materials, if any, upon which the action is based. D. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head) imposing the discipline. E. The disciplinary procedure should be used for all serious disciplinary actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4) suspensions. Section A4 - Non-Discrimination The City and the Association agree that there shall be no discrimination against employees within the bargaining unit because of race, color, religious creed, national origin, ancestry, sex, age, marital status, physical disability, medical conditions, sexual orientation, pregnancy, childbirth or related medical conditions of any female employee , any other classification protected by law, or Association membership or any other protected class as defined under applicable state and federal laws. Association membership also includes Association activities. Further, there shall be no discrimination against qualified individuals with disabilities as defined by the Americans with Disabilities Act (ADA) of 1990, as amended, when those individuals do not pose a risk to the health or safety of themselves or others. The ADA expressly identifies reassignment to a vacant position as one form of reasonable accommodation. Section A5 - Personnel Files A. The Human Resources Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shall be official except as may be prepared or used by the City or its counsel in the course of preparation for any pending case, such as the Department of Fair Employment and Housing or Personnel Board matter or grievance. 12.b Packet Pg. 393 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 37 B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related information only. It shall be the supervisor's responsibility to inform the employee, with a copy thereof, of any detrimental material in the file that may affect the employee's performance evaluation. An employee may grieve over the factuality of, or propriety of, any material in such file. Such files shall be confidential. Both the City and the Association agree that an employee's failure to challenge any material in such file does not justify the conclusion that the employee is in agreement with any such materials. Such files shall not contain a copy of any disciplinary action against an employee. C. Employees and/or their authorized representatives, if authorized by the employee, shall have the right upon written request to review the conte nts of their official personnel files and department files. Such review may be made during working hours with no loss of pay for time spent, and the employee may be accompanied by their authorized representative if they so wish. Reasonable requests to copy documents in the files shall be honored. D. A copy of any disciplinary action or material related to employee performance, which is placed in the personnel file, shall be served upon the employee (the employee so noting receipt), or sent by certified mail (return receipt requested) to their last address appearing on the records of the City. It is the obligation of each employee to provide the City with their current address. E. A full-time, permanent employee shall have thirty (30) working days in which to file a written response to an employee performance evaluation entered in his or her personnel file. Such written response shall be attached to the employee performance evaluation. The thirty (30) working days will commence with the date the employee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee performance evaluation response procedures for Police Dispatch employees. F. Employees may request that any documents contained in the file of a derogatory nature will be purged from their files after a period of twenty -four (24) months and no further actions have occurred similar in nature. The department head shall review s aid request and notify the employee and the SBPDA of their decision in writing within seven (7) calendar days. After review by the Department Head, if the employee is not satisfied with the outcome, the employee may request that the City Manager and/or the Director of Human Resources review all requests to purge negative items from personnel files. The decision of the City Manager and/or the Director of Human Resources as to what will be purged from the personnel files shall be final and binding. Section A6 - Bulletin Boards The City will provide adequate space on bulletin boards in each department/division for the purpose of the Association posting notice of pertinent Association business. The Association agrees that nothing libelous, obscene, defamatory or of a partisan political 12.b Packet Pg. 394 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 38 nature shall be posted. In the event that there is a dispu te arising out of the pertinence of any literature the Association chooses to post, the City Manager or their designated representative and an Association representative will meet as soon as possible to resolve the problem. Section A7 – Education Tuition Reimbursement A. Purpose: The education tuition assistance program has been established to encourage the employees of the City to take college courses and special training courses, which will better enable them to perform their present duties and prepare them for increased responsibilities and to provide financial assistance to eligible employees for education and training. B. Procedures: 1. To be eligible for tuition reimbursement employees must complete an “Education Reimbursement Form” prior to the start date of the course and submit it to their Department Head for advanced approval. 2. When approved and signed by the Department Head, the form will be forwarded to Human Resources for review and verification of availability of budgeted funds. If approved, the forms will be returned to the employee to maintain until the completion of the course. 3. The employee will submit their copy of the pre-approved application for reimbursement within sixty (60) calendar days of the completion of the course. A copy of the final grade and the appropriate receipts for tuition and textbooks must be attached for reimbursement. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. Applications not submitted to the Human Res ources Department within the established time frame following the completion of the course become void. 4. Once all paperwork has been forwarded to Human Resources for reimbursement and HR has determined that it is in compliance with the outlined conditions it will be forwarded to Finance for payment. 5. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the GI Bill, scholarships, and similar sources. C. Eligibility: To be eligible for tuition reimbursement an employee must: 1. Be considered a full time, regular employee who has completed probation. 12.b Packet Pg. 395 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 39 2. Enroll in courses that are directly related to the employee’s job or directly related to a promotional position. 3. Enroll in courses that are required to qualify for a degree that is related to the employee’s job. 4. Enroll in courses given by accredited colleges, universities, or adult education courses under the sponsorship of the Board of Education. 5. No mail-order courses will be approved. Workshops, seminars, conferences, and similar activities not identifiable as a formal course of instruction within the recognized educational institution do not fall within the purview of this program. D. Reimbursement: 1. Reimbursement costs will consist of tuition, registration fees, or textbooks for each course. Additional expenses such as meals or parking fees are not reimbursable. 2. Costs for required texts are eligible for fifty percent (50%) reimbursement. The employee may retain the books. 3. Maximum tuition and book reimbursement is $125 per semester. Summer session shall be considered a separate semester for purposes of this provision. Section A8 – Employee Assistance Program (EAP) The City’s Employee Assistance and Counseling Program (EAP) is designed to help employees and their immediate families find direction in solving personal or emotional problems. All counseling services are completely confidential. The Human Resources Department maintains a supply of brochures explaining the program more fully. Section A9 – Catastrophic Leave Upon request of an employee who is experiencing catastrophic illness, and upon approval of the City Manager and/or Department Head, an employee’s vacation or holiday leave credits may be transferred from one or more employees to the affected employee under the following conditions: A. The employee with a catastrophic illness or injury has exhausted all other leave accruals and has completed at least one (1) year of continuous service with the City. 12.b Packet Pg. 396 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 40 B. The donation must be in four (4) hour increments of by employees who have completed at least one (1) year of continuous service with the City. C. Employees may not donate leave they would otherwise forfeit. For example, employees who are separating from City employment may donate le ave only up to the amount of the payment they would receive upon separation. Only post-petition leave may be donated or transferred. Sick leave accruals cannot be transferred among employees. D. Donations shall be on a form developed by the Human Resources Department Head, signed by the donating employee, approved by the Department Head and verified by the Finance Department. Procedures shall be as approved by the City Manager. E. Unused donated time that has been credited to the requesting employee’s a ccount will not be returned to the donor’s account, nor can donated time be cashed out Section A10 - Injury Leave Effective with the first day of necessary absence by an injury or illness arising out of, and in the course of, their duties the eligible employee shall be protected by workers’ compensation benefits. Upon written request by the employee accumulated sick, vacation, holiday and compensatory time credit can be utilized to supplement the amount of temporary disability (2/3 of average weekly earnings) to not exceed the total sum of payment equal to their normal weekly compensation. The utilization of sick leave for this purpose shall end with the termination of the temporary disability or when the accumulated sick leave credits have been exhausted, whichever occurs first. How to file a workers’ compensation claim? When an employee believes to have sustained an injury or illness arising out of, and in the course of, their duties, the employee should immediately notify their supervisor. The supervisor is required to provide the injured employee an “Employee’s Claim for Workers’ Compensation Benefits (DWC-1 Form)” within 24 hours from the date of knowledge. Once the injured employee returns the completed DWC-1 Form, the supervisor will then need to complete “Report of Occupational Injury or Illness (5020 Form)” in order to document the date, time and description of incident. The supervisor should then refer to the workers’ compensation injury report kit to complete the claim. In the event the employee is unable to prepare the form due to hospitalization, serious illness or injury; the supervisor or a member of the department/division staff shall prepare the required report. The employee has the right to be examined and treated by a physician of their choice, as long as a predesignating of physician form has been signed off by both the employee and predesignated physician at the time of injury or illness, as required by the California Labor Code. The City shall have the right to require the employee to be examined by a physician designated by the City to assist in determining the length of time during which the 12.b Packet Pg. 397 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 41 employee is unable to perform the assigned usual and customary duties, and if the disability is attributable to the “injury involved.” Section A11 - Leave of Absence without Pay Leave of absence without pay is a temporary, non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the City Manager for a period not to exceed six (6) months, upon the positive recommendation of the Department Head. Under justifiable conditions, said leave may be extended by the City Manager for additional periods. Leave of absence without pay will be considered favorably, if it is expected that the employee will return to duty and that at least one of the following benefits will result: increased job ability, protection or improvement of the employee's health, retention of a desirable employee or furtherance of a program of interest to the City. Examples of or conditions for which a leave of absence without pay may be granted are: A. For an employee who is a disabled veteran requiring medical treatment; B. For an employee who is temporarily mentally or physically unable to perform their duties; C. For an employee who files for or assumes elected office; D. For maternity or paternity leave beyond that required by federal and state law, upon the recommendation of a physician; E. For military leave when the employee has less than one (1) year of service to qualify for leave with pay; F. For Association activities, upon designation by the Association. An approved leave of absence without pay for sixty (60) days or less in any calendar year will not be considered a break in service. Leave in excess of sixty (60) days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to return to duty at the expiration of the approved leave of absence without pay shall constitute an abandonment of the position and shall be prosecuted consistently therewith. Unless otherwise required under State of Federal law, the City's contribution towards an employee's health and life insurance premium will not be extended beyond the last day of the month in which a leave of absence without pay begins, if the leave of absence without pay becomes effective during the first fifteen (15) days of the month, nor beyond the last day of the next succeeding month, if the leave of absence without pay becomes effective after the fifteenth day of the month, unless the employee returns to work from leave of absence without pay status prior to the date the City's contribution 12.b Packet Pg. 398 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 42 would be accumulated. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, they may arrange to pay the insurance premiums for the coverage desired (both the employee and employer portions). It is the responsibility of the employee to contact the City's payroll section in this regard. The payment of the amount of the premiums must be made to the City's payroll section prior to the date on which the City's participation will terminate. Payments must be made monthly thereafter until the employee either returns to work or their employment with the City is terminated. Upon an employee's return to work, the City's contribution towards the employee's health and life insurance premiums will begin on the first day of the month follo wing the end of the leave of absence without pay, if that leave of absence without pay terminated between the first and the fifteenth day of the month, or on the first day of the next succeeding month, if the leave of absence without pay terminates after t he fifteenth day of the month. Notwithstanding any other provision of this section to the contrary, the City will continue its contribution for health and life insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of their employment with the City. In circumstances in which the Federal Family Medical Leave Act, the California Family Rights Act, California Pregnancy Disability Leave Law, American with Disabilities Act (ADA), Pregnancy Discrimination Act or Fair Employment and Housing Act apply, the City shall adhere to the requirements of the applicable laws and regulations with respect payment of health benefits and granting of leaves. Employees requesting leave under the provisions of these referenced laws should direct such requests to the Human Resources Department. Section A12 - Witness Leave Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt. Section A13 - Military Leave Unit members on leave for military duty shall be compensated pursuant to California Military and Veterans Code Sections 395, et seq. and the Federal Uniformed Services Employment and Reemployment Rights Act (38 U.S.C. §§ 4301 et seq. The specific compensation and reemployment rights of individual employees shall be determined 12.b Packet Pg. 399 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 43 based upon the applicable requirements of the aforesaid State and Federal law, copies of which may be obtained through the Department of Human Resources. All military service shall be counted as City service when calculating whether the employee has twelve (12) months of service with the City. Replacements for unit members on military leave will be hired with regular (rather than temporary) position status. However, they will be subject to layoff when unit employees on leave return. Section A14 - Jury Duty Every general permanent employee of the City of San Bernardino and every employee, whose position is funded under federal law or is employed in a federally funded position, if such benefit is required by said federal law, are covered by this section. Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's assigned work shift, it shall be the responsibility of the employee to return to work within a reasonable time after their release or discharge from such jury service on that day. However, where such employee is required to continue in jury service for a period in excess of four (4) hours duration on any such regularly scheduled working day, said employee shall not be required to work on that same day of their release or discharge from jury duty. If the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service. Under such circumstances of compensable jury service, every general permanent employee or every federally funded general employee as aforesaid, shall be paid their regular pay, less jury duty fees while serving on jury duty, provided a copy of all jury fees paid to the individual employee, less automobile expenses allowed, are submitted to the City Finance Department. Employees shall notify their superiors of any call for jury service promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fails to promptly report the receipt of a call to jury service when so required, or fails to promptly notify their superiors regarding the absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid. In the event, during the course of any jury service, an employee is ordered by a judge or other officially recognized judicial body into a state of sequester, the employee shall be paid the regular wage during such time of sequester without supplement from any accrued bank of time. Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section. 12.b Packet Pg. 400 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 44 The City will pay for all working days and/or partial days in a calendar year of a covered employee who is required to serve jury duty. Whenever a covered employee is duly summoned as a witness, except where the employee is a litigant or defendant in a criminal case or any action brought about as a result of his or her own misconduct, he or she shall receive regular compensation for any regularly scheduled working hours spent in actual performance of such service. Section A15 - Physical Examinations The City shall pay medical fees for the physical examination of any unit member within the unit of representation when such examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination, or if the situation warrants, the City may authorize an employee to be examined by a doctor of their choice. In the event an employee is authorized to be examined by a doctor of their choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the amount of reimbursement shall not exceed the cost the City would have paid its contract physician or medical group. Section A16 - Probationary Period All new or newly promoted employees must serve a one (1) year probationary period. Section A17 – Seniority Department Heads will consider seniority in authorizing vacations, scheduling shift assignments and transfers. Seniority shall prevail when all other factors are not significantly different. "All other factors" is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless they possess special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. An employee shall be given at least thirty (30) days notice prior to layoff. Section A18 - Reasonable Suspicion Drug and Alcohol Testing In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all Police Dispatch employees will participate in reasonable suspicion drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure described in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees with Commercial Driver's Licenses (“Policy”), effective August 1, 2013. The Human Resources Department will review, update, and develop 12.b Packet Pg. 401 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of 45 forms and procedures to implement the City’s Drug/Alcohol Testing Policy. For purposes of this Section, the provisions of the Policy are binding and are incorporated herein. If a supervisor has a reasonable suspicion that an employee has been abusing drugs or alcohol, that supervisor will take one of the steps listed below prior to referring an employee for a test, and will document their observations on a reasonable suspicion checklist: A. Seek the concurrence of another supervisor if a second supervisor is in the immediate vicinity; or, B. Notify their Department Director, Assistant Director, immediate supervisor or the Human Resources Department if a second supervisor is not in the vicinity. The conduct of the employee must be witnessed by a supervisor who has received training consisting of at least two (2) hours on identification of actions, appearance or conduct which are indicative of the use of drugs or alcohol. A supervisor must directly observe and document the behavior. Reasonable suspicion may not be based on hearsay. Training will be coordinated by the Human Resources Department in accordance with the provisions of the Policy. 12.b Packet Pg. 402 Attachment: Attachment 2 - Resolution 2022-13 Exhibit A - SBPDA MOU 2021-2025 (8652 : Police Dispatch Employees Memorandum of City of San Bernardino: Police Dispatcher I-(FLEX) Page 1 of 2 Police Dispatcher I (FLEX) Department: Police Bargaining Unit: Police Dispatcher Salary Range: Date Created: 12/2020 FLSA Status: Non-Exempt Date Modified: Job ID: 30767 Position Summary Under direct supervision, the Police Dispatcher I (FLEX) performs general and routine dispatching activities. Operates computerized dispatch, radio, "911," and ancillary equipment in a police communications center. Receives, interprets, and codes routine and emergency calls and dispatches personnel and equipment in response following clear policies and protocols. Distinguishing Characteristics This is the entry level position within the Police Dispatcher job series. Incumbents perform work under direct supervision and follow established policies, procedures, and standards. The work requires ability to learn, develop independence, and respond rapidly to challenging calls. Police Dispatcher I-(FLEX) is distinguished from Police Dispatcher II in that an incumbent in the latter class has more experience, expertise, and performs work more independently. Job Responsibilities Essential Functions: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. Essential duties and responsibilities may include, but are not limited to, the following: •Operates an 800 MHz radio system, automated telephone system, and computer-aided dispatch (CAD) system to receive and transmit routine and emergency calls from the public by telephone, radio, and fax; interviews callers, and evaluates call data. •Interprets and assigns appropriate codes to calls for transmission; transmits radio messages to field units, dispatches police personnel and equipment, and monitors alarm boards. •Calms distressed citizens on the phone; evaluates, prioritizes, and sequences incoming information and determines number and types of units to send to emergency situations; notifies other departments of needed support services. •Assists with the coordination of emergency calls and relays questions from personnel in the field to appropriate supervisory personnel; monitors the status of police units and their location. •Participates in training and educational development; consistently gains new skills to enhance professionalism and ability to handle emergency calls and situations. •Performs a variety of clerical and dispatcher maintenance duties; operates office machines, compiles data, and prepares reports; maintains records of calls received and their disposition; maintains, updates, and modifies files, lists, and maps. •May appear in court to present testimony or evidence. •Performs other duties as assigned. EXHIBIT B 12.c Packet Pg. 403 Attachment: Attachment 3 - Resolution 2022-13 Exhibit B - Proposed Job Descriptions (8652 : Police Dispatch Employees Memorandum of City of San Bernardino: Police Dispatcher I-(FLEX) Draft 2 | Page Job Requirements Knowledge of – • General operations, services, and activities of a public safety dispatch program. • Rules, regulations, and procedures relating to police communications and dispatch, including FCC requirements. • Proper operation and care of radio and telephone equipment. • Customer service practices and telephone and radio courtesy. • Geography and street layout of city and surrounding area. • Modern office procedures, methods, and equipment. • Equipment maintenance practices and methods. Skill in – • Eliciting information to assess situations from callers. • Determining dispatch priorities during peak workloads and dispatching appropriate personnel and equipment. • Broadcasting clear, concise, and specific instructions over the radio in a distinct, well- modulated voice. • Working rapidly under stress and exercising good judgment in emergency situations. • Reading and applying mapping information for effective call and unit management. • Listening to and recording, or key in, information clearly and accurately. • Performing routine maintenance of computer systems and accessories. • Operating a variety of office equipment including computers and applicable software applications. • Following oral and written instructions. • Working effectively with other employees. • Communicating clearly and concisely • Establishing and maintaining effective relationships. Education and Experience: High School diploma or G.E.D.; AND at least one (1) year of customer service experience working with the public in person, by telephone or in radio communications; or an equivalent combination of training and experience. Licenses, Certifications, and Equipment: A valid California driver’s license is required. Typing speed of 30 words per minute is required. Physical Requirements and Work Environment: Employees work in a communications dispatch center, and the noise level is generally loud except during periods of low dispatch activity. High activity periods, escalated calls from difficult individuals, and intense response situations can create highly stressful working conditions. While performing the duties of this job, the employee is regularly required to sit for prolonged periods; talk and hear, both in person and by telephone/radio; use hands repetitively to manipulate, handle, and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk and may be required to lift and carry supplies and materials weighing up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. Hearing abilities required by this job include the ability to hear in the normal audio range by telephone/radio and to differentiate operating equipment sounds. 12.c Packet Pg. 404 Attachment: Attachment 3 - Resolution 2022-13 Exhibit B - Proposed Job Descriptions (8652 : Police Dispatch Employees Memorandum of City of San Bernardino: Police Dispatcher II Page 1 of 3 Police Dispatcher II Department: Police Department Bargaining Unit: Police Dispatcher Salary Range: Date Created: 4/2020 FLSA Status: Non-Exempt Date Modified: Job ID: 30768 Position Summary Under general supervision, the Police Dispatcher II operates computerized dispatch, radio, "911," and ancillary equipment in a police communications center. Receives, interprets, and codes routine and emergency calls and dispatches personnel and equipment in response. Distinguishing Characteristics This is the journey level position within the Police Dispatcher job series. Incumbents are expected to handle increasingly difficult calls under general supervision. The work requires independence, rapid responses, and the ability to handle the most difficult and demanding calls. Police Dispatcher II is distinguished from Police Communications Supervisor in that an incumbent in the latter class is a shift supervisor, with responsibility for supervising the work of other staff. Job Responsibilities Essential Functions: -- Essential functions, as defined under the Americans with Disabilities Act, may include any of the following representative duties, knowledge, and skills. Essential duties and responsibilities may include, but are not limited to, the following: • Operates an 800 MHz radio system, automated telephone system, and computer-aided dispatch (CAD) system to receive and transmit routine and emergency calls from the public by telephone, radio, and fax; interviews callers and evaluates call data. • Interprets and assigns appropriate codes to calls for transmission; transmits radio messages to field units, dispatches police personnel and equipment, and monitors alarm boards. • Calms distressed citizens on the phone; evaluates, prioritizes and sequences incoming information and determines number and types of units to send to emergency situations; notifies other departments of needed support services. • Coordinates emergency calls and relays questions from personnel in the field to appropriate supervisory personnel; monitors the status of police units and their location; keeps appropriate supervisory personnel informed of the situation and dispatches additional personnel and equipment as directed; notifies other jurisdictions when necessary; gives station identification as required by the Federal Communications Commission (FCC). • Assists, participates, and engages in training new dispatch employees; reports to a Dispatch Supervisor on the progress of trainees; assists in the development and implementation of training programs; periodically reviews the dispatch training manual and other training tools and updates as necessary. • Supports and assists with payroll for the dispatch personnel; submits overtime slips and other time card requests; processes varying requests on dispatch payroll time sheets. • Performs a variety of clerical and dispatcher maintenance duties; operates office machines, compiles data, and prepares reports; furnishes a variety of information relating to 12.c Packet Pg. 405 Attachment: Attachment 3 - Resolution 2022-13 Exhibit B - Proposed Job Descriptions (8652 : Police Dispatch Employees Memorandum of City of San Bernardino: Police Dispatcher II Draft 2 | Page departmental activities to the public; maintains records of calls received and their disposition; maintains, updates and modifies files, lists, and maps. • As necessary, appears in court to present testimony or evidence. • May act as a Dispatch Supervisor in the absence of that individual. • Performs other duties as assigned. Job Requirements Knowledge of – • Operations, services, and activities of a public safety dispatch program. • Rules, regulations, and procedures relating to Police communications and dispatch, including FCC requirements. • Methods and techniques of evaluating situations to dispatch appropriate units. • Proper operation and care of radio and telephone equipment. • Customer service practices and telephone and radio courtesy. • Geography and street layout of city and surrounding area. • Modern office procedures, methods, and equipment. • Equipment maintenance practices and methods. Skill in – • Eliciting information to assess situations from callers. • Determining dispatch priorities during peak workloads and dispatch appropriate personnel and equipment using judgment in the application of policies, rules, regulations, and standard operating procedures. • Broadcasting clear, concise, and specific instructions over the radio in a distinct, well- modulated voice. • Working rapidly under stress and exercising good judgment in emergency situations. • Using a typewriter and computer keyboard with accuracy. • Reading and applying mapping information for effective call and unit management. • Listening to and recording, or key in, information clearly and accurately. • Performing routine maintenance of computer systems and accessories. • Operating a variety of office equipment including computers and applicable software applications. • Following oral and written instructions. • Working effectively with other employees. • Communicating clearly and concisely • Establishing and maintaining effective relationships. Education and Experience: High School diploma or G.E.D.; AND at least two (2) years of customer service experience working with the public in person, by telephone or in radio communications or as the Police Dispatcher I for the City; or an equivalent combination of training and experience. Licenses, Certifications, and Equipment: A valid California driver’s license is required. Typing speed of 30 words per minute is required. Successful completion of P.O.S.T. Public Safety Dispatcher course is required within 12 months of date of employment. Peace Officers currently employed at the San Bernardino Police 12.c Packet Pg. 406 Attachment: Attachment 3 - Resolution 2022-13 Exhibit B - Proposed Job Descriptions (8652 : Police Dispatch Employees Memorandum of City of San Bernardino: Police Dispatcher II Draft 3 | Page Department who have satisfactorily completed a one-year probation may submit a copy of the P.O.S.T. Basic Certificate in lieu of completing the P.O.S.T. Public Safety Dispatcher Course. Physical Requirements and Work Environment: Employees work in a communications dispatch center, and the noise level is generally loud except during periods of low dispatch activity. High activity periods, escalated calls from difficult individuals, and intense response situations can create highly stressful working conditions. While performing the duties of this job, the employee is regularly required to sit for prolonged periods; talk and hear, both in person and by telephone/radio; use hands repetitively to manipulate, handle, and feel computers and standard business equipment; and reach with hands and arms. The employee is frequently required to stand and walk and may be required to lift and carry supplies and materials weighing up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. Hearing abilities required by this job include the ability to hear in the normal audio range by telephone/radio and to differentiate operating equipment sounds. 12.c Packet Pg. 407 Attachment: Attachment 3 - Resolution 2022-13 Exhibit B - Proposed Job Descriptions (8652 : Police Dispatch Employees Memorandum of ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,121.65 MONTHLY $6,225.67 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,181.46 MONTHLY $7,513.94 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,523.64 MONTHLY $4,282.59 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,703.36 MONTHLY $4,501.34 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,165.44 MONTHLY $6,278.27 MONTHLY MIDDLE MANAGEMENT 30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,595.23 MONTHLY $4,369.96 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,836.09 MONTHLY $4,662.95 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,368.84 MONTHLY $7,741.92 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,013.46 MONTHLY $6,094.01 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 00300 APPRENTICE (PT)381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $4,768.82 MONTHLY $5,797.33 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,603.47 MONTHLY $6,810.92 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $15,344.41 MONTHLY $18,649.29 MONTHLY MANAGEMENT 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED)385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)486 $5,226.01 MONTHLY $6,352.13 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $3,893.36 MONTHLY $4,731.39 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $4,995.33 MONTHLY $6,071.62 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,410.53 MONTHLY $7,791.85 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,029.47 MONTHLY $7,328.64 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U)608 $9,458.67 MONTHLY $11,497.27 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,267.35 MONTHLY $10,048.17 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $6,898.71 MONTHLY $8,385.26 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 30073 BUILDING INSPECTOR II 487 $5,252.08 MONTHLY $6,383.41 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $5,919.41 MONTHLY $7,195.67 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)613 $9,697.96 MONTHLY $11,786.88 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,567.03 MONTHLY $5,551.33 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,497.92 MONTHLY $7,898.07 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,741.21 MONTHLY $4,547.21 MONTHLY GENERAL City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7 EXHIBIT C12.d Packet Pg. 408 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $3,933.06 MONTHLY $4,779.74 MONTHLY GENERAL 20271 BUYER 460 $4,582.48 MONTHLY $5,570.39 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,318.91 MONTHLY $4,034.21 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U)565 $7,632.66 MONTHLY $9,277.92 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE P7 $23,260.00 MONTHLY $23,260.00 MONTHLY MANAGEMENT 10399 CITY CLERK (U)630 $10,278.00 MONTHLY $12,493.00 MONTHLY MANAGEMENT 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,556.67 MONTHLY $9,185.49 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX)435 $4,051.93 MONTHLY $4,925.71 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $4,873.58 MONTHLY $5,923.58 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,045.65 MONTHLY $6,133.24 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,397.35 MONTHLY $8,991.12 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,205.26 MONTHLY $3,896.57 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,269.54 MONTHLY $6,405.27 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,537.72 MONTHLY $5,515.22 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,577.50 MONTHLY $4,348.06 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,063.42 MONTHLY $6,154.39 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,548.69 MONTHLY $10,390.22 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,687.53 MONTHLY $6,912.74 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,403.37 MONTHLY $4,136.39 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,411.61 MONTHLY $6,577.35 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT)362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,322.63 MONTHLY $6,469.82 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,411.61 MONTHLY $6,577.35 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $4,988.47 MONTHLY $6,062.78 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,900.79 MONTHLY $3,526.41 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,173.98 MONTHLY $3,857.99 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,335.60 MONTHLY $4,055.06 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,335.60 MONTHLY $4,055.06 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,173.98 MONTHLY $3,857.99 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,238.58 MONTHLY $5,151.98 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U)490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U)530 $6,410.53 MONTHLY $7,791.85 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $13,612.89 MONTHLY $16,547.02 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)629 $10,503.13 MONTHLY $12,766.64 MONTHLY MANAGEMENT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)612 $9,649.69 MONTHLY $11,728.34 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)655 $11,957.36 MONTHLY $14,534.10 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)620 $10,042.01 MONTHLY $12,205.90 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,022.92 MONTHLY $9,752.39 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,293.03 MONTHLY $10,875.93 MONTHLY POLICE SAFETY SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 2 of 7 12.d Packet Pg. 409 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,555.51 MONTHLY $12,830.31 MONTHLY MANAGEMENT 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 10711 DIRECTOR OF FINANCE (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,259.30 MONTHLY $14,900.74 MONTHLY MANAGEMENT 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,259.30 MONTHLY $14,900.74 MONTHLY MANAGEMENT 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $12,382.54 MONTHLY $15,050.69 MONTHLY MANAGEMENT 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,381.08 MONTHLY $17,479.54 MONTHLY MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,444.72 MONTHLY $9,048.90 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,519.10 MONTHLY $6,708.36 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,632.66 MONTHLY $9,277.92 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $4,946.57 MONTHLY $6,013.25 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $5,919.41 MONTHLY $7,195.67 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,562.46 MONTHLY $7,977.18 MONTHLY MIDDLE MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,280.28 MONTHLY $5,203.07 MONTHLY GENERAL 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,682.77 MONTHLY $5,692.10 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,546.21 MONTHLY $9,172.25 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,215.17 MONTHLY $8,770.43 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,275.15 MONTHLY $7,627.41 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,542.05 MONTHLY $4,305.31 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U)430 $3,893.36 MONTHLY $4,750.64 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,612.26 MONTHLY $5,606.39 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,574.56 MONTHLY $6,776.15 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,574.56 MONTHLY $6,776.15 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,689.45 MONTHLY $10,562.70 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,029.47 MONTHLY $7,328.64 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,474.21 MONTHLY $7,869.90 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,368.96 MONTHLY $4,095.73 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,113.45 MONTHLY $4,999.75 MONTHLY GENERAL 00259 FOOD SERVICE PROGRAM SPECIALIST (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,013.46 MONTHLY $6,094.01 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)448 $4,324.08 MONTHLY $5,255.21 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 525 $6,337.61 MONTHLY $7,703.40 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $6,898.71 MONTHLY $8,385.26 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,226.27 MONTHLY $9,998.87 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,070.30 MONTHLY $6,163.03 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $4,971.59 MONTHLY $6,043.49 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $5,765.06 MONTHLY $7,006.97 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 3 of 7 12.d Packet Pg. 410 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30098 GROUNDWORKER ARBORIST 392 $3,269.91 MONTHLY $3,974.77 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,519.10 MONTHLY $6,708.36 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)601 $9,134.14 MONTHLY $11,102.90 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,037.73 MONTHLY $7,338.94 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,722.44 MONTHLY $4,525.32 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,589.97 MONTHLY $5,579.49 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,251.05 MONTHLY $6,382.81 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,098.33 MONTHLY $7,412.89 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,043.76 MONTHLY $10,991.98 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 10389 INFORMATION TECHNOLOGY TECHNICIAN II 460 $4,520.85 MONTHLY $5,495.48 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,302.18 MONTHLY $5,229.14 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,753.67 MONTHLY $5,777.60 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,092.60 MONTHLY $4,974.72 MONTHLY GENERAL PENDING LEAD BUILDING INSPECTOR 526 $6,379.24 MONTHLY $7,783.88 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,548.21 MONTHLY $6,744.18 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,352.28 MONTHLY $4,074.87 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 503 $5,678.66 MONTHLY $6,902.87 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,410.62 MONTHLY $5,361.56 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $4,849.60 MONTHLY $5,894.38 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,436.94 MONTHLY $6,608.75 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX)450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,046.67 MONTHLY $6,134.20 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $2,929.99 MONTHLY $3,561.86 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,582.48 MONTHLY $5,570.39 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U)635 $10,822.53 MONTHLY $13,153.82 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,375.72 MONTHLY $6,534.36 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,797.51 MONTHLY $4,616.03 MONTHLY GENERAL 00361 LIBRARY PAGE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,359.71 MONTHLY $5,299.73 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX)380 $3,080.14 MONTHLY $3,744.34 MONTHLY GENERAL 30392 LIBRARY TECHNICIAN II 402 $3,436.74 MONTHLY $4,178.10 MONTHLY GENERAL 00133 LIFEGUARD (PT)370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $4,824.57 MONTHLY $5,865.19 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,243.92 MONTHLY $7,588.89 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)393 $3,286.59 MONTHLY $3,994.58 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,667.18 MONTHLY $4,457.54 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,854.86 MONTHLY $4,685.89 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX)476 $4,896.74 MONTHLY $5,952.49 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U)476 $4,896.74 MONTHLY $5,952.49 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,687.53 MONTHLY $6,912.74 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U)506 $5,687.53 MONTHLY $6,912.74 MONTHLY MANAGEMENT 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 4 of 7 12.d Packet Pg. 411 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,481.70 MONTHLY $9,094.09 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,670.66 MONTHLY $9,324.13 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX)461 $4,612.90 MONTHLY $5,607.64 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,199.94 MONTHLY $6,320.85 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,337.61 MONTHLY $7,703.40 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $8,689.45 MONTHLY $10,562.70 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,080.14 MONTHLY $3,744.34 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,628.05 MONTHLY $8,057.34 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,778.74 MONTHLY $4,593.09 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,129.14 MONTHLY $7,449.86 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,893.36 MONTHLY $4,731.39 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 456 $4,499.25 MONTHLY $5,468.96 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)594 $8,820.90 MONTHLY $10,721.88 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)499 $5,576.36 MONTHLY $6,777.55 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,638.87 MONTHLY $8,070.50 MONTHLY GENERAL 30481 PLUMBER 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 00192 POLICE CADET (PT)NA $15.00 HOURLY $17.00 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,433.38 MONTHLY $7,819.99 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,539.16 MONTHLY $6,733.19 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX)425 $3,857.82 MONTHLY $4,689.49 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,502.70 MONTHLY $5,473.16 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,368.96 MONTHLY $4,095.73 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,141.76 MONTHLY $9,537.75 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $3,952.88 MONTHLY $4,803.72 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,675.13 MONTHLY $5,682.82 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)369 $2,915.39 MONTHLY $3,544.14 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,384.73 MONTHLY $12,290.11 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,778.74 MONTHLY $4,593.09 MONTHLY GENERAL 00331 POOL MANAGER I (PT)421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT)443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,178.74 MONTHLY $8,726.70 MONTHLY MIDDLE MANAGEMENT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,088.95 MONTHLY $11,047.44 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,082.19 MONTHLY $8,609.34 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,429.86 MONTHLY $6,599.94 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,595.23 MONTHLY $4,369.96 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $4,873.58 MONTHLY $5,923.58 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $8,776.74 MONTHLY $10,668.48 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $4,971.59 MONTHLY $6,043.49 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,576.36 MONTHLY $6,777.55 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,476.21 MONTHLY $7,871.34 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,801.52 MONTHLY $7,052.41 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 5 of 7 12.d Packet Pg. 412 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10863 PURCHASING DIVISION MANAGER (U)598 $8,998.57 MONTHLY $10,937.55 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,705.71 MONTHLY $5,720.25 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,226.27 MONTHLY $9,998.87 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,520.85 MONTHLY $5,495.48 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 00244 RECREATION LEADER (PT)363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT)393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,776.61 MONTHLY $5,806.80 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $8,646.31 MONTHLY $10,510.32 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT)371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT)395 $3,183.00 HOURLY $3,869.00 HOURLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,759.98 MONTHLY $4,570.15 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,237.58 MONTHLY $3,935.15 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,659.78 MONTHLY $6,879.73 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,267.35 MONTHLY $10,048.17 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,051.93 MONTHLY $4,925.71 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,259.43 MONTHLY $5,177.01 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $3,990.92 MONTHLY $4,851.55 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,410.53 MONTHLY $7,791.85 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,543.45 MONTHLY $5,523.21 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,407.75 MONTHLY $9,003.71 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,189.00 MONTHLY $8,738.74 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT)396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U)556 $7,297.86 MONTHLY $8,870.20 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,733.61 MONTHLY $10,615.07 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,004.02 MONTHLY $3,651.54 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)375 $2,958.79 MONTHLY $3,596.55 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,143.34 MONTHLY $8,682.98 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT)372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA 30978 SOLID WASTE FIELD INSPECTOR 450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,322.63 MONTHLY $6,469.82 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $5,650.55 MONTHLY $6,868.52 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $7,943.85 MONTHLY $9,655.85 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,562.46 MONTHLY $7,977.18 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,251.61 MONTHLY $8,814.15 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,595.78 MONTHLY $8,016.74 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,366.83 MONTHLY $5,308.39 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,173.88 MONTHLY $6,288.52 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $5,978.84 MONTHLY $7,267.62 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,386.69 MONTHLY $4,115.54 MONTHLY GENERAL 20666 TREASURY SUPERVISOR 502 $5,650.55 MONTHLY $6,868.52 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED)358 $2,760.03 MONTHLY $3,354.37 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,635.84 MONTHLY $5,635.79 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 6 of 7 12.d Packet Pg. 413 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch ADOPTED 2/2/22 EFFECTIVE 7/1/21 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/2/22 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022- shall be paid the hourly equivalent of the salary listed in the 2021/2022 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations. SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 7 of 7 12.d Packet Pg. 414 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- JOB Months 18 Months Year Year sequent Yrs TITLE Service Service Service Service Service Monthly Pay Rates Effective September 1, 2021: Police Officer $7,141.76 $7,740.50 $8,340.27 $8,939.01 $9,537.75 P-1 Detective/Corporal $8,293.03 $8,939.01 $9,584.99 $10,229.95 $10,875.93 P-2 Sergeant $9,384.73 $10,110.82 $10,836.90 $11,564.02 $12,290.11 P-3 Lieutenant -- -- -- -- $14,743.00 P-4 Captain -- -- -- -- $17,351.00 P-5 Assistant Chief -- -- -- -- $21,242.00 P-6 Chief -- -- -- -- $23,260.00 P-7 12.d Packet Pg. 415 Attachment: Attachment 4 - Resolution 2022-13 Exhibit C - Salary Schedule (8652 : Police Dispatch Employees Memorandum of Understanding Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: René Anderson, Director of Human Resources Subject: Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards) Recommendation Adopt Resolution No. 2022-23 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Lawrence Beach Allen & Choi (LBAC) for representation in the United States District Court Case No. 5:20-CV-1189-KK. Background On May 21, 2020, the City entered into an agreement with Lawrence Beach Allen & Choi (LBAC) to provide legal services in the amount of $49,999 pursuant to 3.04.085(A) of the Municipal Code to represent the City in the Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. 5:20-CV-1189-KK. LBAC is among the foremost litigation, trial, and appellate law firms in Southern California, practicing in the areas of police civil rights and public entity defense. LBAC has represented the City capably and efficiently on the Dockery matter and other police matters. Discussion LBAC performed admirably on the case. The City reached a settlement with the parties consistent with the Mayor and City Council's direction and authority. At this time, staff requests an increase of $100,000 to the initial contract cap to allow for final payment of outstanding invoices and for the closure of the matter. 2021-2025 Key Strategic Targets and Goals Authorization of this amendment aligns with Key Target No. 1d: Financial Stability - Minimize Risk and Litigation Exposure. It is necessary to amend this contract to allow for continued legal representation of the City by LBAC in other legal matters to protect the City’s interest and avoid unnecessary liability. Fiscal Impact There is funding to support the contract amendment in FY 2021/22 budget. 13 Packet Pg. 416 8690 Page 2 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2022-23, authorizing the City Manager to execute the First Amendment to Legal Services Agreement with Lawrence Beach Allen & Choi for representation in the United States District Court Case No. 20-CV-1189-KK. Attachments Attachment 1 Resolution 2022-23 Attachment 2 Exhibit A-First Amendment Attachment 3 Original Agreement Ward: All Synopsis of Previous Council Actions: N/A 13 Packet Pg. 417 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 CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE LEGAL SERVICE AGREEMENT WITH LAWRENCE BEACH ALLEN & CHOI (LBAC) FOR REPRESENTATION IN THE UNITED STATES DISTRICT COURT CASE NO. 5:20-CV-1189-KK WHEREAS, on May 21, 2020, the City entered into an agreement with Lawrence Beach Allen & Choi (LBAC) to provide legal services in the amount of $49,999 to represent the City in the Joe Dockery v. City of San Bernardino, et al., United States District Court Case No. 5:20-CV- 1189-KK; and WHEREAS, has established itself as the foremost litigation, trial, and appellate law firms in Southern California, practicing primarily in the areas of police civil rights, public entity defense, and employment; and WHEREAS, it is necessary to increase the cap under the agreement as there are invoices for work performed that are pending payment. The proposed amendment to the agreement includes an additional $100,001 increasing the total contract amount to $150,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute the first amendment to the legal services agreement with Lawrence Beach Allen & Choi, copies which are attached hereto and marked Exhibit A. SECTION 3. The Director of Finance is hereby authorized to amend the Purchase Order to Lawrence Beach Allen Choi. 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. 13.a Packet Pg. 418 Attachment: Attachment 1 - Resolution No. 2022-23 Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards) Resolution No. 2022- Resolution 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 ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 13.a Packet Pg. 419 Attachment: Attachment 1 - Resolution No. 2022-23 Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (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 13.a Packet Pg. 420 Attachment: Attachment 1 - Resolution No. 2022-23 Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards) FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENTBETWEEN THE CITY OF SAN BERNARDINO AND LAWRENCE BEACH ALLEN & CHOI This First Amendment (“First Amendment”) is entered into by and between the City of San Bernardino, a charter city organized under the laws of the State of California (hereinafter the “City”), and Lawrence Beach Allen & Choi, a Professional Corporation (hereinafter the “Firm”) as of February 2, 2022. City and Firm are at times referred to individually as “Party” and collectively as the “Parties.” WHEREAS, City and Firm entered into Professional Services Agreement dated May 21, 2020 for the provision of legal services in connection with the case entitled In re: Joe Dockery, and any other cases relating to the same officer involved incident, through trial and post-trial motions. United States District Court Case No. 5:20-CV-1189-KK. (“Original Agreement”); and WHEREAS, City and Firm now wish to amend the Original Agreement to increase the not- to-exceed cap. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. Not-To-Exceed Cap. The $49,999.99 not-to-exceed cap identified in Section 4.b. of the Original Agreement is hereby increased to $150,000.00. 2. Effect on Other Provisions. All other provisions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed the day and year first above written. CITY FIRM __________________________ __________________________ Robert D. Field, City Manager Paul B. Beach, President 13.b Packet Pg. 421 Attachment: Attachment 2 - Resolution No. 2022-23 Exhibit A - First Amendment [Revision 2] (8690 : Amendment to Lawrence Beach Allen & 13.c Packet Pg. 422 Attachment: Attachment 3 - Original Agreement (8690 : Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)) 13.c Packet Pg. 423 Attachment: Attachment 3 - Original Agreement (8690 : Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)) 13.c Packet Pg. 424 Attachment: Attachment 3 - Original Agreement (8690 : Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)) 13.c Packet Pg. 425 Attachment: Attachment 3 - Original Agreement (8690 : Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)) 13.c Packet Pg. 426 Attachment: Attachment 3 - Original Agreement (8690 : Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)) 13.c Packet Pg. 427 Attachment: Attachment 3 - Original Agreement (8690 : Amendment to Lawrence Beach Allen & Choi Legal Service Agreement (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: David Green, Interim Chief of Police Subject: Accept the FY 2019 Homeland Security Grant (All Wards) Recommendation Adopt Resolution No. 2022-27 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the FY2019 Homeland Security Grant Program (HSGP) funds and increasing the FY2021/2022 Adopted Budget revenue and expenditures by $38,247. Background The City of San Bernardino has participated in the Homeland Security Grant Program for several years. The purpose of this grant program is the support of state, local, t ribal, 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 pr eviously used HSGP grant funds to improve its response capabilities toward terrorism events. For the 2019 Fiscal Year, the City received $38,247 in HSGP funds. 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 of San Bernardino’s portion of this award for 2019 was $38,247. 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 FY 2019 HSGP grant, the performance period will last from September 1, 2019, through March 31, 2022. During that period, the Police Department will be responsible for the completion of grant projects and compliance with grant terms. 2021-2025 Key Strategic Targets and Goals The request to authorize the receipt and expenditure of FY 2019 HSGP funds aligns with Key Target No. 1: Financial Stability: Implement, maintain, and update a fiscal accountability plan. 14 Packet Pg. 428 8767 Page 2 Fiscal Impact The fiscal impact to the City is a budget amendment of $38,247 to revenue and expenditures in the FY 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. 2022-27, authorizing the acceptance of the FY 2019 Homeland Security Grant Program (HSGP) funds and increasing the FY 2021/202 2 Adopted Budget revenue and expenditures by $38,247. Attachments Attachment 1 2019 HSGP Grant Acceptance Resolution NO. 2022-27 Attachment 2 2019 HSGP Grant Authorization to Spend Letter Ward: All Synopsis of Previous Council Actions: January 19, 2022 Mayor and Council adopted Resolution No. 2022-08 authorizing the acceptance of the FY2020 HSGP funds. February 5, 2020 Mayor and Council adopted Resolution No. 2020-29 authorizing the acceptance of the FY2018 HSGP funds. May 15, 2019 Mayor and Council adopted Resolution No. 2019-69, authorizing the receipt and expenditure of the FY2017 HSGP funds. March 21, 2018 Mayor and Council adopted Resolution No. 2018-68 authorizing the receipt and expenditure of the FY2016 HSGP funds. March 21, 2016 Mayor and Council adopted Resolution No. 2016 -57, authorizing the receipt and expenditure of the FY2015/2016 HSGP funds in the amount of $81,483. July 20, 2015 Mayor and Council adopted Resolution No. 2015-151, authorizing the receipt and expenditure of the FY2014/2015 HSGP grant funds in the amount of $75,864. January 6, 2014 Mayor and Council adopted Resolution No. 2014 -5, authorizing the acceptance of the FY13/14 HSGP funds. 14 Packet Pg. 429 Resolution No. 2022-27 Resolution 2022- Page 1 of 3 RESOLUTION NO. 2022-27 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE FY 2019 HOMELAND SECURITY GRANT PROGRAM (HSGP) FUNDS AND INCREASING THE FY 2021/2022 ADOPTED BUDGET REVENUE AND EXPENDITURES BY $38,247 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, the Police Department received notification that the City was awarded $38,247 in HSGP funds from the FY 2019 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 authorized to accept the FY 2019 HSGP grant in the amount of $38,247. SECTION 3. The Director of Finance is hereby authorized and directed to appropriate revenue and expenditures of $38,247 into an account to be designated and incorporate the changes in the FY 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. 430 Attachment: Attachment 1 - Resolution No. 2022-27 2019 HSGP Grant Acceptance Resolution (8767 : Accept the FY 2019 Homeland Security Resolution No. 2022-27 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 ___ day of __________ 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. 431 Attachment: Attachment 1 - Resolution No. 2022-27 2019 HSGP Grant Acceptance Resolution (8767 : Accept the FY 2019 Homeland Security Resolution No. 2022-27 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 14.a Packet Pg. 432 Attachment: Attachment 1 - Resolution No. 2022-27 2019 HSGP Grant Acceptance Resolution (8767 : Accept the FY 2019 Homeland Security 14.b Packet Pg. 433 Attachment: Attachment 2 - 2019 HSGP Authorization to Spend Letter (8767 : Accept the FY 2019 Homeland Security Grant (All Wards)) 14.b Packet Pg. 434 Attachment: Attachment 2 - 2019 HSGP Authorization to Spend Letter (8767 : Accept the FY 2019 Homeland Security Grant (All Wards)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward 6) Recommendation Adopt Resolution No. 2022-15 of the Mayor and City Council of the City of San Bernardino, California, approving Amendment No. 4 to the Professional Engine ering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in support of the amendment. Background On January 9, 2017, the Mayor and City Council adopted Resolution No. 2017 -05 approving an agreement with ERSC to provide environmental and civil engineering design services for 40th Street widening from Johnson Street to Electric Avenue. On July 19, 2017, the Mayor and City Council adopted Resolution No. 2017 -131 approving an amendment to the agreement to increase ERSC compensation by $8,350 for 40th Street widening. On October 18, 2017, the Mayor and City Council adopted Resolution No. 2017-202 approving Amendment No. 2 to the Agreement to increase ERSC compensation by $33,370 for 40th Street widening. On September 5, 2018, the Mayor and City Council adopted Resolution No. 2018 -249 approving Amendment No. 3 to the Agre ement with ERSC to extend the agreement to December 31, 2019, for 40th Street widening. Discussion The 40th Street widening projects are in the final design and right-of-way acquisition phases. The agreements with ERSC have been expired since December 31, 2019, due to a staff oversight. The agreement needs to be extended to December 31, 2024, to complete design and right-of-way acquisition. The right-of-way acquisition has taken longer than anticipated, and the final design 15 Packet Pg. 435 8636 Page 2 cannot be completed until the necessary rights-of-way are acquired. It is projected that the right-of-way process will be completed by late 2022 unless the City has to proceed using the eminent domain process, in which case it may take longer. ERSC continues to work on this project since the final design has not been completed as of yet due to the delay in acquiring the right-of-way. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City. Fiscal Impact There is no General Fund impact associated with this action. Suff icient funds are available in the current Capital Improvement Project budget to absorb the contract amount. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-15 approving Amendment No. 4 the Professional Engineering Services Agreement with Engineering Resources of Southern California (ERSC) for design services related to the 40th Street widening from Johnson Street to Electric Avenue; and authorizing the City Manager, or designee, to execute all documents in support of the amendment. Attachments Attachment 1 Resolution No. 2022-15 Attachment 2 Resolution No. 2022-15; Exhibit A Attachment 3 ERSC Original Agreement Attachment 4 Resolution No. 2017-05 (Original Contract) Attachment 5 Resolution No. 2017-131 (Amendment No. 1) Attachment 6 Resolution No. 2017-202 (Amendment No. 2) Attachment 7 Resolution No. 2018-249 (Amendment No. 3) Ward: 6 Synopsis of Previous Council Actions: January 9, 2017, Mayor and City Council adopted Resolution No. 2017-05 approving an Agreement with ERSC for 40th Street Widening. July 19, 2017, Mayor and City Council adopted Resolution No. 2017-131 approving Amendment No. 1with ERSC for 40th Street Widening. October 18, 2017, Mayor and City Council adopted Resolution No. 2017-202 approving Amendment No. 2 to the Agreement with ERSC for 40th 15 Packet Pg. 436 8636 Page 3 Street Widening. September 5, 2018, Mayor and City Council adopted Resolution No. 2018-249 approving Amendment No. 3 with ERSC for 40th Street Widening. 15 Packet Pg. 437 Resolution No. 2022-15 Resolution 2022-15 February 2, 2022 Page 1 of 3 RESOLUTION NO. 2022-15 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA (ERSC) FOR DESIGN SERVICES RELATED TO THE 40TH STREET WIDENING FROM JOHNSON STREET TO ELECTRIC AVENUE; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS IN SUPPORT OF THE AMENDMENT WHEREAS, on January 9, 2017, the Mayor and City Council adopted Resolution No. 2017-05 approving an Agreement with ERSC to provide environmental and civil engineering design services for 40th Street Widening from Johnson Street to Electric Avenue; and WHEREAS, on July 19, 2017, the Mayor and City Council adopted Resolution No. 2017- 131 approving Amendment No. 1 to the Agreement to increase ERSC compensation by $8,350 for the 40th Street widening; and WHEREAS, on October 18, 2017, the Mayor and City Council adopted Resolution No. 2017-202 approving Amendment No. 2 to the Agreement to increase ERSC compensation by $33,370 for the 40th Street widening; and WHEREAS, on September 5, 2018, the Mayor and City council adopted Resolution No. 2018-249 approving Amendment No. 3 to the Agreement with ERSC to December 31, 2019, for the 40th Street widening; and WHEREAS, while the agreement with ERSC has been expired since December 31, 2019, the work still needs to be completed and, therefore, the City desires to extend the contract. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee to execute Amendment No. 4 to the Professional Engineering Services Agreement with Engineering Resource Services of Southern California (ERSC), and any supporting documents attached hereto as Exhibit “A”, on behalf of the City. 15.a Packet Pg. 438 Attachment: Attachment 1 - Resolution No. 2022-15 Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward Resolution No. 2022-15 Resolution 2022-15 February 2, 2022 Page 2 of 3 SECTION 3. Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 15.a Packet Pg. 439 Attachment: Attachment 1 - Resolution No. 2022-15 Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward Resolution No. 2022-15 Resolution 2022-15 February 2, 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. 2022-15, adopted at a regular meeting held on the 2nd day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of February 2022. Genoveva Rocha, CMC, City Clerk 15.a Packet Pg. 440 Attachment: Attachment 1 - Resolution No. 2022-15 Amendment No. 4 to Agreement with Engineering Resources of Southern California (Ward AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES FOR THE 40TH STREET WIDENING PROJECT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. This Amendment No. 4 to the Agreement for Professional Environmental and Civil Design Services is made and entered into as of February 2, 2021 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Engineering Resources of Southern California, Inc., a California company (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated, January 9, 2017, for the purpose of providing professional environmental and civil design services (the “Master Agreement”). B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated July 19, 2017, for the purpose of including additional work into the Scope of Work and including additional funds for the performance of these additional services. C. WHEREAS, the City and the Consultant have entered into an Amendment No. 2, dated October 18, 2017, for the purpose of including additional funds for the performance of services under the Master Agreement. D. WHEREAS, the City and the Consultant have entered into an Amendment No. 3, dated September 5, 2018, for the purpose of including additional funds for the performance of services under the Master Agreement and extending the term of the Master Agreement to December 31, 2019. E. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 4 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. The term of the Master Agreement shall be extended for an additional term of one year through December 31, 2024 unless earlier terminated. 15.b Packet Pg. 441 Attachment: Attachment 2 - Resolution No. 2022-15; Exhibit A - Amendment No. 4 ERSC 40th Street Widening [Revision 1] (8636 : Amendment 3. Compensation. There is no change to the total not to exceed compensation of the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 4, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 4. 5. Electronic Transmission. A manually signed copy of this Amendment No. 4 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 4 for all purposes. This Amendment No. 4 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 4 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 15.b Packet Pg. 442 Attachment: Attachment 2 - Resolution No. 2022-15; Exhibit A - Amendment No. 4 ERSC 40th Street Widening [Revision 1] (8636 : Amendment 15.bPacket Pg. 443Attachment: Attachment 2 - Resolution No. 2022-15; Exhibit A - Amendment No. 4 ERSC 40th Street Widening [Revision 1] (8636 : Amendment 15.c Packet Pg. 444 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 445 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 446 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 447 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 448 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 449 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 450 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 451 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 452 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 453 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 454 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 455 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 456 Attachment: Attachment 3 - 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ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 478 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 479 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 480 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 481 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 482 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 483 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 484 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 485 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 486 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 487 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 488 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 489 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 490 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 491 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 492 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 493 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 494 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 495 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 496 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 497 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 498 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 499 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 500 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 501 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 502 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 503 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 504 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 505 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 506 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 507 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 508 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 509 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 510 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 511 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 512 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 513 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 514 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-131 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES FOR THE WIDENING OF 40TH STREET FROM JOHNSON STREET TO ELECTRIC AVENUE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager or his designee is hereby authorized and directed to execute Amendment No. 1 to the Professional Services Agreement with Engineering Resources of Southern California, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2. The Director of Finance is authorized and directed to increase the Purchase Order with Engineering Resources of Southern California, Inc. to provide environmental and civil engineering design services for the widening of 401h Street from Johnson Street to Electric Avenue (SSO4-014) in the amount of $8,350.00 for a total purchase order amount of $186,905.00. SECTION 3. The authorization to execute the above -referenced Agreement is rescinded, if it is not executed and returned to the Office of the City Clerk within sixty (60) days of the passage of this Resolution. ui 1 15.c Packet Pg. 515 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES FOR THE WIDENING OF 40TH STREET FROM JOHNSON STREET TO ELECTRIC AVENUE I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 19th day of July 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X BARRIOS X VALDIVIA X(M) SHORETT X NICKEL X RICHARD X MULVIHILL X(S) T TAT ATT George• Hanna, C&, City Clerk The foregoing Resolution is hereby approved this 190h day of July 2017. 1 R. Carey Da s, Mayor City of Sa ernardino Approved as to form: Gary D. Saenz, City Attorney B. CLIC- 2 15.c Packet Pg. 516 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 517 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 518 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 519 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 520 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 521 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 522 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 523 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 524 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 525 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 526 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 527 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 528 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 529 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 530 Attachment: Attachment 3 - 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ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 566 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 567 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 568 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 569 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 570 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 571 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 572 Attachment: Attachment 3 - 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ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 580 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 581 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 582 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 583 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 584 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 585 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 586 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 587 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 588 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 589 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 590 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 591 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 592 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 593 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 594 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 595 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 596 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2018-249 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONSUTANT SERVICE AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. TO PROVIDE ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES FOR THE WIDENING OF 40TH STREET FROM JOHNSON STREET TO ELECTRIC AVENUE (SSO4-014) BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager or designee is hereby authorized and directed to execute the Third Amendment to the Consultant Service Agreement with Engineering Resources of Southern California, Inc., a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2. The Director of Finance or designee is hereby authorized and directed to amend the FY 18/19 Budget by transferring $25,000 from unallocated Fund 264 monies to Account No. 264-160-7160-5504 "40th Street Widening from Johnson Street to Electric Avenue" and to increase the Purchase Order to Engineering Resources of Southern California. Inc. in the amount of $25,000. SECTION 3. The authorization to execute the above -referenced Amendment is rescinded, if it is not executed and returned to the Office of the City Clerk within ninety (90) days of the passage of this Resolution. 1/% 1 15.c Packet Pg. 597 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONSUTANT SERVICE AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. TO PROVIDE ENVIRONMENTAL AND CIVIL ENGINEERING DESIGN SERVICES FOR THE WIDENING OF 40TH STREET FROM JOHNSON STREET TO ELECTRIC AVENUE (SSO4-014) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 5`h day of September 2018, by the following vote, to wit: Council Members: AYES MARQUEZ X BARRIOS x VALDIVIA SHORETT NICKEL RICHARD MULVIHILL NAYS ABSTAIN ABSENT Georgea anna, CMd, City Clerk The foregoing Resolution is hereby approved this 5th day of September 2018. L;'(1e R. Carey DavX , Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney By: 2 15.c Packet Pg. 598 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 599 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 600 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 601 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.c Packet Pg. 602 Attachment: Attachment 3 - ERSC Original Agreement [Revision 1] (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 603 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 604 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 605 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 606 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 607 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 608 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 609 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 610 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 611 Attachment: Attachment 4 - Resolution No. 2017-05 (Original Contract) (8636 : Amendment No. 4 to Agreement with Engineering Resources of 15.d Packet Pg. 612 Attachment: Attachment 4 - 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Resolution No. 2018-249 (Amendment No. 3) (8636 : Amendment No. 4 to Agreement with Engineering Resources Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Wards) Recommendation Adopt Resolution No. 2022-16 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to t he Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. Background Annually, the Mayor and City Council of the City of S an Bernardino approve a Five-Year Capital Improvement Plan (“CIP”) establishing priority projects to be implemented. Approved CIP includes projects in the general buildings, parks, street improvements, storm drain, streetlights and traffic signals, police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP, which consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements. On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019 -343 approving the Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates to provide on-call engineering plan check and Public Works inspection services for CIP Projects. The agreement was approved for one year with two single year extensions. The contract was extended once administratively without Council action and expired on December 3, 2021. Discussion A Professional Services Agreement (“Agreement”) with EC&AM Associates, Inc., dba GK and Associates, to provide on call engineering plan check and public works Inspection services for Capital Improvement Projects will expire on December 3, 2021. At this time, the services provided have exhausted the initial amount of $100,000 and additional funding of $200,000 is necessary to continue works in progress. EC&AM Associates, Inc., dba GK and Associates is providing staff augmentation for Public 16 Packet Pg. 690 8640 Page 2 Works inspection services for several critical CIP projects including the 2nd Street Bridge Replacement over Warm Creek, Kendall Drive Slope Rehabilitation, 5th Street Senior Center Kitchen-Phase 2, and several street rehabilitations projects. Staff is recommending the execution of a First Amendment to Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates to extend the contract to December 31, 2022, and increase Purchase Order 2021 -381 to an amount not-to- exceed $300,000 to continue to provide project management services for CIP projects until the expiration of contract on December 31 , 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City Fiscal Impact There is no General Fund impact associated with this action. Sufficie nt funds are available in the current CIP budget to absorb the contract amount. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-16, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with, EC&AM Associates, Inc., dba GK and Associates, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. Attachments Attachment 1 Resolution No. 2022-16; Attachment 2 Resolution No. 2022-16; Exhibit A Attachment 3 Professional Services Agreement with EC&AM Associates, Inc., dba GK and Associates Attachment 4 Resolution No. 2019-343 Attachment 5 Contract Extension Ward: All Synopsis of Previous Council Actions: December 4, 2019, The Mayor and City Council adopted Resolution No. 2019 -343, approving PSA for on call engineering plan check and public works Inspection services for Capital Improvement Projects. 16 Packet Pg. 691 Resolution No. 2022-16 Resolution 2022-16 February 2, 2022 Page 1 of 3 RESOLUTION NO. 2022-16 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH EC&AM ASSOCIATES, INC., DBA GK & ASSOCIATES, EXERCISING THE SECOND ONE-YEAR EXTENSION OPTION AND INCREASING THE TOTAL CONTRACT AMOUNT TO $300,000 WHEREAS, on December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-343 approving a Professional Services Agreement with EC&AM Associates, Inc., dba GK & Associates (“GK & Associates”) to provide on call engineering plan check and public works Inspection for Capital Improvement Projects (“Agreement”); and WHEREAS, the Agreement granted the City two one-year extension options; and WHEREAS, on December 3, 2020, the City exercised its first of the two one-year extension options, extending the term of the Agreement through December 3, 2021; and WHEREAS, the City and GK & Associates desire to exercise the second one-year extension option and amend the Agreement to increase the not-to-exceed amount to $300,000 in order to provide funding for work previously performed during the option terms and to provide additional funds for the continued performance of services in accordance with the compensation provisions of the Agreement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with EC&AM Associates, Inc., dba GK & Associates, attached hereto as Exhibit “A”, exercising the second one- year extension option and increasing the total not-to-exceed amount to $300,000. SECTION 3. The Mayor and City Council hereby authorize the Finance Director to amend the purchase order for EC&AM Associates, Inc., dba GK & Associates, increasing the not- to-exceed amount to $300,000. 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 16.a Packet Pg. 692 Attachment: Attachment 1 - Resolution No. 2022-16 Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Resolution No. 2022-16 Resolution 2022-16 February 2, 2022 Page 2 of 3 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 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 2nd day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 16.a Packet Pg. 693 Attachment: Attachment 1 - Resolution No. 2022-16 Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All Resolution No. 2022-16 Resolution 2022-16 February 2, 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. 2022-16, adopted at a regular meeting held on the 2nd day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of February 2022. Genoveva Rocha, CMC, City Clerk 16.a Packet Pg. 694 Attachment: Attachment 1 - Resolution No. 2022-16 Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates (All 16.b Packet Pg. 695 Attachment: Attachment 2 - Resolution No. 2022-16; Exhibit A [Revision 3] (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. 16.b Packet Pg. 696 Attachment: Attachment 2 - Resolution No. 2022-16; Exhibit A [Revision 3] (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. 16.b Packet Pg. 697 Attachment: Attachment 2 - Resolution No. 2022-16; Exhibit A [Revision 3] (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. 16.c Packet Pg. 698 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 699 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 700 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 701 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 702 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 703 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 704 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 705 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 706 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 707 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 708 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 709 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 710 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.c Packet Pg. 711 Attachment: Attachment 3 - Professional Services Agreement with EC&AM Associates, Inc., DBA GK and Associates (8640 : Amendment No. 1 16.d Packet Pg. 712 Attachment: Attachment 4 - Resolution 2019-343 (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates 16.d Packet Pg. 713 Attachment: Attachment 4 - Resolution 2019-343 (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates 16.e Packet Pg. 714 Attachment: Attachment 5 - Contract Extension (8640 : Amendment No. 1 to Agreement with EC&AM Associates, Inc. DBA GK and Associates Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers (All Wards) Recommendation Adopt Resolution No. 2022-17 of the Mayor and City Council of the City of San Bernardino, California, authorizing the execution of Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. Background Annually, the Mayor and City Council of the City of San Bernardino approve a Five -Year Capital Improvement Plan (CIP) establishing priority projects to be implemented. Approved CIP includes projects in the general buildings, parks, street improvements, storm drain, streetlights & traffic signals, police, and landfill categories. The Engineering Division of the Public Works Department is responsible for planning and implementing the City’s CIP, which consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, ADA access ramps, and other public improvements. On December 4, 2019, the Mayor and City Council adopted Resolution No. 2019 -343 approving Professional Services Agreement (PSA) with Advanced Applied Engineering, Inc. dba Infrastructure Engineers to provide on call engineering plan check and public works inspection services for Capital Improvement Projects. The agreement was approved for one year with two single year extensions. The contract was extended once, administratively, without Council action, and is set to expire on December 31, 2021. Discussion Currently, Advanced Applied Engineering, Inc. dba Infrastructure Engineers is providing staff augmentation for Public Works inspection services for several critical CIP projects including several street rehabilitations projects. In addition to providing plan check comments to the BNSF Ono Project. Staff is recommending the execution of a First Amendment to Professional Services 17 Packet Pg. 715 8641 Page 2 Agreement (“First Amendment”) with Advanced Applied Engineering, Inc., dba Infrastructure Engineers, Inc., to extend the contract to December 31, 2022. Staff is also recommending an increase to Purchase Order 2021 -381 to an amount not-to-exceed $300,000, in order for Advanced Applied Engineering, Inc. to continue to provide project inspection and plan check services for CIP projects until the expiration of the contract on December 31, 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: Financial Stability - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving infrastructure throughout the City. Fiscal Impact There is no General Fund impact associat ed with this action. Sufficient funds are available in the current CIP budget to absorb the contract amount. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-17, authorizing the execution of Amendment No. 1 to Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers, extending the contract term to December 31, 2022, and increasing the total contract amount to $300,000. Attachments Attachment 1 Resolution No. 2022-17; Attachment 2 Resolution No. 2022-17; Exhibit A Attachment 3 Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers Attachment 4 Resolution No. 2019-343 Attachment 5 Contract Extension Ward: All Synopsis of Previous Council Actions: December 4, 2019 Mayor and City Council adopted Resolution No. 2019-343, approving Professional Services Agreement for on call engineering plan check and Public Works inspection services for C apital Improvement Plan Projects. 17 Packet Pg. 716 Resolution No. 2022-17 Resolution 2022-17 February 2, 2022 Page 1 of 3 RESOLUTION NO. 2022-17 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED APPLIED ENGINEERING, INC., DBA INFRASTRUCTURE ENGINEERS, EXTENDING THE CONTRACT TERM TO DECEMBER 31, 2022, AND INCREASING THE TOTAL CONTRACT AMOUNT TO $300,000 WHEREAS, on December 4, 2019, the Mayor and City Council adopted Resolution No. 2019-343 approving a Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers (the “Agreement”) to provide on call engineering plan check and public works inspection for Capital Improvement Projects; and WHEREAS, the Agreement granted the City two one-year extension options; and WHEREAS, on December 3, 2020, the City exercised the first of the two one-year extension options, extending the term through December 3, 2021; and WHEREAS, when the agreement was awarded on December 3, 2019, staff requested $100,000, but should have requested $100,000 for each year for three years, totaling $300,000 if both options were taken; and WHEREAS, the City and Advanced Applied Engineering, Inc. dba Infrastructure Engineers desires to amend the Agreement to extend the contract term to December 31, 2022 and modify the not-to-exceed amount to $300,000 in order to provide funding for work previously performed during the option terms and to provide additional funds for the continued performance of services in accordance with the compensation provisions of the Agreement. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council hereby authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Advanced Applied Engineering, Inc. dba Infrastructure Engineers., attached hereto as Exhibit “A”, to extend the contract to December 31, 2022, in an amount not-to-exceed $300,000. SECTION 3. The Mayor and City Council hereby authorize the Finance Director to amend the purchase order for Advanced Applied Engineering, Inc. dba Infrastructure Engineers, increasing the not-to-exceed amount to $300,000. 17.a Packet Pg. 717 Attachment: Attachment 1 - Resolution No. 2022-17 Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers Resolution No. 2022-17 Resolution 2022-17 February 2, 2022 Page 2 of 3 SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 17.a Packet Pg. 718 Attachment: Attachment 1 - Resolution No. 2022-17 Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers Resolution No. 2022-17 Resolution 2022-17 February 2, 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. 2022-17, adopted at a regular meeting held on the 2nd day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of February 2022. Genoveva Rocha, CMC, City Clerk 17.a Packet Pg. 719 Attachment: Attachment 1 - Resolution No. 2022-17 Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Engineers AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH ADVANCED APPLIED ENGINEERING, INC. D/B/A INFRASTRUCTURE ENGINEERS This Amendment No. 1 to the Professional Services Agreement for project management services is made and entered into as of February 2, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Advanced Applied Engineering, Inc., a California corporation, d/b/a Infrastructure Engineers (“Consultant”). City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.” A. WHEREAS, the City and Consultant have entered into an agreement dated December 4, 2019, for the purpose of providing project management services (the “Master Agreement”); and B. WHEREAS, on December 3, 2020, the City exercised its first of two one- year extension options, extending the term through December 3, 2021; and C. WHEREAS, the Parties now desire to exercise the second one-year extension option and amend the Master Agreement in order to increase the total not-to- exceed compensation in order to provide: (1) funding for work previously performed and (2) additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Term. Pursuant to Section 6 of the Master Agreement, the second one- year extension option is hereby exercised, extending the term of the Master Agreement through December 31, 2022. 3. Compensation. The total not-to-exceed compensation shall be increased by Two Hundred Thousand Dollars ($200,000), thereby increasing the total not-to-exceed compensation of the Master Agreement to the amount of Three Hundred Thousand Dollars ($300,000). Work shall be performed at the rates set forth in the Master Agreement. 4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance 17.b Packet Pg. 720 Attachment: Attachment 2 - Resolution No. 2022-17; Exhibit A [Revision 2] (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1. 5. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original execu ted copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature. 6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 17.b Packet Pg. 721 Attachment: Attachment 2 - Resolution No. 2022-17; Exhibit A [Revision 2] (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH ADVANCED APPLIED ENGINEERING, INC. D/B/A INFRASTRUCTURE ENGINEERS IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field, City Manager APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Advanced Applied Engineering, Inc., dba Infrastructure Engineers Signature Name Title 17.b Packet Pg. 722 Attachment: Attachment 2 - Resolution No. 2022-17; Exhibit A [Revision 2] (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, 17.c Packet Pg. 723 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 724 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 725 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 726 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 727 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 728 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 729 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 730 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 731 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 732 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 733 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 734 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 735 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.c Packet Pg. 736 Attachment: Attachment 3 - Professional Services Agreement with Infrastructure Engineers [Revision 1] (8641 : Amend No. 1 to Agree. 17.d Packet Pg. 737 Attachment: Attachment 4 - Resolution 2019-343 (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure 17.d Packet Pg. 738 Attachment: Attachment 4 - Resolution 2019-343 (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure 17.e Packet Pg. 739 Attachment: Attachment 5 - Contract Extension (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure 17.e Packet Pg. 740 Attachment: Attachment 5 - Contract Extension (8641 : Amend No. 1 to Agree. W/Advanced Applied Engineering, Inc., DBA Infrastructure Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) Recommendation Adopt Resolution No. 2022-18 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project; 2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and 3. Approving an increase to Purchase Order No. 2021-792 in the amount of $6,120 for a total amount of $241,031. Background The City of Rialto and the City of San Bernardino share jurisdiction of several streets located where the cities border each other. The segment of Peppe r Avenue between Baseline Road and Mill Street is an example of one of these areas of shared roadway jurisdiction. At this location the City owns the east half of the street and Rialto owns the west half. This segment of Pepper Avenue was previously identified in the City’s approved Pavement Management Analysis as having a remaining service life of 2 years and in need of immediate rehabilitation. The project, in general, will consist of but not limited to pavement rehabilitation; grind 1 ½ “ to 2” of existing asphalt at Pepper Avenue between Baseline Road and Mill Street for total of approximately 2 miles, repair damaged portion and overlay with new asphalt and restripe. This project will also include replacement of damaged curb and gutter and sidewalk with in the project limits. On May 6, 2020, the Mayor and City Council adopted Resolution No. 2020 -80 approving the Cooperative Agreement with the City of Rialto for Pepper Avenue Rehabilitation from Baseline Road to Mill Street. 18 Packet Pg. 741 8716 Page 2 On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget included Capital Improvement Plan (CIP) SS20 -010 project Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project and established $200,000 in Measure I (Fund 129) to support Pepper Avenue Rehabilitation Project. Currently $198,057 is available for the project. On February 17, 2021, Mayor and City Council awarded a Professional Services Agreement with Kabbara Engineering for engineering design services for CIP Project SS20-010. Discussion Staff is requesting that the Mayor and City Council approve the First Amendment to the agreement with Kabbara Engineering for the purpose of additional design services that are needed for CIP Project SS20-010. The additional scope of work for the Project is attached hereto as Exhibit A. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Financial Stability by leveraging existing resources to provide needed improvements at Pepper Avenue for safer and better traffic flow, ADA access for pedestrian safety and enhance services to the community. Fiscal Impact No General Fund impacts are associated with this request. An additional $6,120 will be appropriated from Measure I and will be allocated to the project account. Estimated Project Cost Design Contract $ 234,911 Project Management $ 11,789 First Amendment Increase $ 6,120 Total Estimated Project Cost $ 252,820 Project Funding Measure I Available Funding (Account No. 129-160-8713) $ 246,700 Additional Measure I Allocation $ 6,120 Total Available Funding $ 252,820 18 Packet Pg. 742 8716 Page 3 Conclusion It is recommended that the Mayor and City Council of the City of San B ernardino, California, adopt Resolution No. 2022-18: 1. Approve the First Amendment to the Professional Services Agreement with Kabbara Engineering for Pepper Avenue Rehabilitation Capital Improvement Plan (CIP) Project; 2. Approving the appropriation of funds in the amount of $6,120 from the Measure I Fund to Pepper Avenue Rehabilitation CIP Project; and 3. Approving an increase to Purchase Order No. 2021 -792 in the amount of $6,120 for a total amount of $241,031. Attachments Attachment 1 Resolution No. 2022-18 Attachment 2 Resolution No. 2022-18; Exhibit A - First Amendment to the PSA with Kabbara Engineering Attachment 3 Proposed Additional Design Services Attachment 4 Resolution 2021-034 and Original PSA with Kabbara Engineering Wards: 3, 6 Synopsis of Previous Council Actions: February 17, 2021 Mayor and City Council adopted Resolution No. 2021-034 authorizing the Director of Finance to appropriate an additional $49,122 from Measure I Fund No. 129 to Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project; and authorizing the City Manager to execute a PSA with Kabbara Engineering in the amount of $234,911. June 24, 2020 Mayor and City Council adopted Resolution No. 2020-128 approving Capital Improvement Program FY 2020/21. May 6, 2020 Mayor and City Council adopted Resolution No. 2020-80 approving the Cooperative Agreement with the City of Rialto FOR Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project. June 19, 2019 Adopted Resolution No. 2019-168 approving Capital Improvement Program FY 2019/2020 18 Packet Pg. 743 Resolution No. 2022-18 Resolution 2022-18 February 2, 2022 Page 1 of 4 RESOLUTION NO. 2022-18 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING FOR PEPPER REHABILTATION CAPITAL IMPROVEMENT PLAN (CIP) PROJECT; APPROVING THE APPROPRIATION OF FUNDS IN THE AMOUNT OF $6,120 FROM THE MEASURE I FUND TO PEPPER AVENUE REHABILITATION CIP PROJECT; AND APPROVING AN INCREASE TO PURCHASE ORDER NO. 2021-792 IN THE AMOUNT OF $6,120 FOR A TOTAL AMOUNT OF $241,031 WHEREAS, the City of San Bernardino, California and the City of Rialto, California share jurisdiction of Pepper Avenue from Baseline Road to Mill Street and it is in need of rehabilitation; and WHEREAS, the Mayor and City Council approved Resolution No. 2020-80 approving a Cooperative Agreement with the City of Rialto for Pepper Avenue Rehabilitation from Baseline Road to Mill Street (“PROJECT”); and WHEREAS, the Mayor and City Council approved Resolution No. 2020-128 adopting the City’s Annual Operating Budget for Fiscal Year 2020/21, which included Capital Improvement Plan (CIP) SS20-010 Pepper Avenue Rehabilitation from Baseline Road to Mill Street, and established a budget of $200,000 in Measure I Fund No. 129; and WHEREAS, in November, 2020 the City released a Request for Proposals (RFP) to provide design services and prepare plans and specifications for the project, resulting in six submittals; and WHEREAS, Kabbara Engineering, received superior ratings and was selected to provide design services and prepare plans, specifications and cost estimate (PS&E) for the Project with a total fee of $234,911; and WHEREAS, on February 17, 2021, Mayor and City Council awarded a Professional Services Agreement with Kabbara Engineering for engineering design services for CIP Project SS20-010; and WHEREAS, the City and Kabbara Engineering desire to amend the Agreement to modify the not-to-exceed amount to $241,031 in order to provide additional work to Pepper Avenue Rehabilitation Project. 18.a Packet Pg. 744 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 : Resolution No. 2022-18 Resolution 2022-18 February 2, 2022 Page 2 of 4 BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized to execute a First Amendment to the Professional Services Agreement with Kabbara Engineering, attached hereto and incorporated herein as Exhibit “A”, and execute any supporting documents to increase the not-to-exceed amount to $241,031. SECTION 3. Mayor and City Council hereby authorize the Director of Finance to appropriate $6,120 from Measure I Fund No. 129 to Pepper Avenue Rehabilitation from Baseline Road to Mill Street Project, Account No. 129-160-8713 and increase Purchase Order No. 2021- 792 in the amount of $6,120 for a total amount of $241,031. SECTION 4. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 2nd day of February 2022. John Valdivia, Mayor City of San Bernardino 18.a Packet Pg. 745 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 : Resolution No. 2022-18 Resolution 2022-18 February 2, 2022 Page 3 of 4 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 18.a Packet Pg. 746 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 : Resolution No. 2022-18 Resolution 2022-18 February 2, 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. 2022-18, adopted at a regular meeting held on the 2nd day of February 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 3rd day of February 2022. Genoveva Rocha, CMC, City Clerk 18.a Packet Pg. 747 Attachment: Attachment 1 - Resolution No. 2022-18 First Amendment to the PSA with Kabbara Engineering (Wards 3, 6) [Revision 1] (8716 : FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH KABBARA ENGINEERING This First Amendment to the Professional Services Agreement for is made and entered into as of February ___, 2022 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Kabbara Engineering, a sole proprietorship (“Vendor”). City and Vendor are sometimes referred to herein individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Vendor have entered into an agreement, dated February 17, 2021, for the purpose of providing professional services for the Pepper Avenue Rehabilitation from Baseline Road to Mill Street project (the “Master Agreement”). B. WHEREAS, the Parties now desire to amend the Master Agreement in order to clarify the term of the Master Agreement, include additional services for traffic signal modifications and to include additional funds for the performance of the additional services. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in the this First Amendment and the Master Agreement, the Parties mutually agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference. 2. Services. The Services, as that term is outlined in the Master Agreement, shall be amended to include additional professional services required for the design of traffic signal modifications at the intersections of Mill Street and Rialto Avenue with Pepper Avenue, as more fully described in Exhibit “A”, attached to this First Amendment and incorporated herein by reference. These additional services shall be billed at the rates set forth in Exhibit “A”. 3. Amendment to Recital A of the Master Agreement. Recital A of the Master Agreement shall be revised to read as follows: “A. City is a public agency of the State of California and is need of professional services for the following project: Design Services for Pepper Avenue Rehabilitation from Baseline Road to Mill Street (hereinafter referred to as “the Project”)” 4. Amendment to Section 6 – Term of the Master Agreement. Section 6 – Term of the Master Agreement shall be revised to read as follows: 18.b Packet Pg. 748 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment “6.Term. This Agreement shall commence on the Effective Date (February 17, 2021) and continue through the completion of services as set forth in Exhibit “A” or until December 30, 2024, whichever occurs earlier, unless the Agreement is previously terminated as provided for herein (“Term”).” 5. Amendment to Section 4(b) of the Master Agreement. The first sentence of Section 4(b) of the Master Agreement shall be revised to read as follows: “b.In no event shall the total amount paid for services rendered by the Consultant under this Agreement exceed the sum of $241,031 for the entire Term of this Agreement.” 6. Full Force. Except as amended by this First Amendment, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this First Amendment. 7. Electronic Transmission. A manually signed copy of this First Amendment which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this First Amendment for all purposes. This First Amendment may be signed using an electronic signature. 8. Counterparts. This First Amendment may be signed in counterparts, each of which shall constitute an original. [SIGNATURES ON FOLLOWING PAGE] 18.b Packet Pg. 749 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment 18.b Packet Pg. 750 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment EXHIBIT “A” SCOPE OF SERVICES/COMPENSATION [ATTACHED] 18.b Packet Pg. 751 Attachment: Attachment 2 - Resolution No. 2022-18 Exhibit A; First Amendment to the PSA with Kabbara Engineering (8716 : First Amendment 1601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705 T (714) 744 -9400 www.kabbara.net November 23, 2021 City of San Bernardino Public Works Department 290 North D St San Bernardino, CA 92401 Attention:Mr. Alex Qishta, PE, Public Works Director/City Engineer Subject:Proposal for Additional Professional Design Services for Pepper Avenue Street Rehabilitation Project CIP No. SD20-010 Dear Mr. Qishta: Attached herewith for your review and consideration is our fee proposal per the attached scope of work and man-hour fee schedule for the Additional Professional Engineering services requested for design of traffic signal modifications at the intersections of Mill Street and Rialto Avenue with Pepper Avenue, as required for the installation of new pedestrian push buttons for ADA compliance. The additional design and construction plans, specifications and estimates for this traffic signal work will be performed by our traffic subconsultants, General Technologies and Solutions, who are currently on our team for the Pepper Avenue project. Our fixed fee proposal, including subconsultant fees, is as follows: Additional Design Services for Pepper Avenue Street Rehabilitation Project Kabbara Engineering $1,280.00 General Technologies and Solutions $ 4,840.00 TOTAL FIXED FEE PROPOSAL $6,120.00 *includes 10% administrative charge on subconsultant expense Please note that payment of any required permit or other agency fees, are not included herewith and will be considered to be paid by the City of San Bernardino. Thank you for this opportunity to be of service. If you have any questions or need additional information, please contact me at the address below, telephone: (714) 744-9400, extension 22, or email at leah@kabbara.net. Sincerely, KABBARA ENGINEERING Leah Kabbara, PE, QSD PRINCIPAL ENGINEER 18.c Packet Pg. 752 Attachment: Attachment 3 - Proposal for Additional Design Services (8716 : First Amendment to the PSA with Kabbara Engineering (Wards 3, 2601 N. Parkcenter Dr ive , S uite 205, S anta Ana, CA 92705 T (714) 744 -9400 www.kabbara.net SCOPE OF WORK 1. Traffic Signal Modification PS&E: Prepare traffic signal modification plans for the 2 project intersections: Pepper Avenue/Rialto Avenue and Pepper Avenue/Mill Street, as required to accommodate new pedestrian push button posts as needed and required for ADA compliance at new proposed and/or existing ramp conditions. Plans shall be prepared at 1”=20’ scale,plan view only, for the subject intersections, including construction notes and details as required for construction, City submittals and plan check revisions per City comments. Includes preparation of additional specifications for the traffic signal modification work,in City of San Bernardino format, including all City required attachments and bid proposal. Also includes preparation of additional Preliminary Quantity Calculations and Opinion of Probable Cost for the Project, for additional signal modification work. 18.c Packet Pg. 753 Attachment: Attachment 3 - Proposal for Additional Design Services (8716 : First Amendment to the PSA with Kabbara Engineering (Wards 3, KABBARA ENGINEERING MAN-HOUR FEE PROPOSAL FOR CITY OF SAN BERNARDINO ADDITIONAL ENGINEERING DESIGN SERVICES FOR PEPPER AVENUE STREET REHABILIATION PROJECT CIP NO. SD20-010 TASK PRINCIPAL ENGINEER LAND SURVEYOR QUALITY ENGINEERPROJECT ENGINEER/TRAFFIC ENGINEER CIVIL DESIGNER CAD DRAFTER CLERICAL SUBCONSULTANT FEE (+10% ADMIN. FEE) TOTAL COST Burdened Hourly Rates $175 $165 $140 $160 $110 $95 $75 1. TRAFFIC SIGNAL MODIFICATION PS&E (PEPPER @ RIALTO, & PEPPER@MILL ST) (20 SCALE)8 $4,840.00 $6,120 TOTAL FIXED FEE PROPOSAL $6,120 KABBARA ENGINEERING Page 1 of 1 11/23/2021 18.c Packet Pg. 754 Attachment: Attachment 3 - Proposal for Additional Design Services (8716 : First Amendment to the PSA 18.d Packet Pg. 755 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 756 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 757 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 758 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 759 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 760 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 761 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 762 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 763 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 764 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 765 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 766 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 767 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 768 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 769 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 770 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with 18.d Packet Pg. 771 Attachment: Attachment 4 - Resolution No. 2021-034 and original PSA with Kabbara Engineering (8716 : First Amendment to the PSA with Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1 Annexation No. 13 (Ward 3) Recommendation Adopt Resolution No. 2022-22 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of a special taxes therein. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services that are necessary and to meet increased demands that have been placed upon the City. Discussion On July 17, 2019, the Mayor City Council adopted Resolution No. 2019 -178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services that are necessary and to meet increased demands that have been placed upon the City. Development projects are subject to a condition of approval that requires projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the district which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; and (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. 19 Packet Pg. 772 8751 Page 2 Public facilities and services proposed to be financed within the territory to be annexed into the district are as follows: 1. Maintenance of median landscaping and other public improvements installed within the public rights-of-way; and 2. Maintenance of streets and sidewalks, including pavement management, and provide street sweeping; and 3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 2.32 gross acres of an existing industrial property. The property is located east of I -215 at the northwest intersection of South Sierra Way and Hillcrest Avenue. At build out , this development will create 2.32 net taxable acres as new Tax Zone No. 14 within CFD No. 2019 -1 (see attached boundary map). In order to annex into CFD No. 2019-1, a Resolution to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone (Tax Zone No. 14) is included as Exhibit “C”. The maximum annual special tax for this development has been calculated to be $2,268 per acre for FY 2022/23. In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. ➢ Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). ➢ Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. ➢ Resolution declaring the results of the election and directing the recording of the notice of special tax lien. ➢ Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution, the Public Hearing would be scheduled for March 16, 2022. 19 Packet Pg. 773 8751 Page 3 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Financial Stability and Key Target No 4. Economic Growth & Development. This project will contribute to ensuring that the City is clean and attractive, and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $5,261 to be used to pay for maintenance costs. Annually, on the 1st of March, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to special tax for the ensuing Fiscal Year. If the anticipated cost of maintaining facilities in any given Fiscal Year prior to buildout of the project exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-22, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 13) and authorizing the levy of special taxes therein. Attachments Attachment 1 Resolution 2022-22 Attachment 2 Resolution 2022-22; Exhibits A-G Attachment 3 Project Map Attachment 4 CFD Landscape Maintenance Exhibit Ward: 3 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community 19 Packet Pg. 774 8751 Page 4 Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. 19 Packet Pg. 775 Resolution No. 2022-22 Resolution 2022-22 February 2, 2022 Page 1 of 4 RESOLUTION NO. 2022-22 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 13) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The City Counci l determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 19.a Packet Pg. 776 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward Resolution No. 2022-22 Resolution 2022-22 February 2, 2022 Page 2 of 4 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 13, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, March 16, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. 19.a Packet Pg. 777 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward Resolution No. 2022-22 Resolution 2022-22 February 2, 2022 Page 3 of 4 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 16, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting 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 19.a Packet Pg. 778 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward Resolution No. 2022-22 Resolution 2022-22 February 2, 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-___, 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 19.a Packet Pg. 779 Attachment: Attachment 1 - Resolution 2022-22 (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 (Ward EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 13 is currently comprised of two parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0141-282-05 Magic Laundry Services, Inc. 0141-282-06 Magic Laundry Services, Inc. 19.b Packet Pg. 780 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a)maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b)maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c)public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. 19.b Packet Pg. 781 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019‐1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A.DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. 19.b Packet Pg. 782 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 2 Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1. 19.b Packet Pg. 783 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 3 Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1. “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii)Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. 19.b Packet Pg. 784 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 4 Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B.ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator. C.MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s 19.b Packet Pg. 785 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 5 Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below: 19.b Packet Pg. 786 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 6 Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 TR 17170 Acre $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its bligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) 19.b Packet Pg. 787 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 7 Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 (ii)Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii)Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b.Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for 19.b Packet Pg. 788 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 8 Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of 19.b Packet Pg. 789 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 9 Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E.FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F.DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G.EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii)with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H.APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). 19.b Packet Pg. 790 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 10 Community Facilities District No. 2019‐1 (Maintenance Services) I.MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. 19.b Packet Pg. 791 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision CityofSanBernardino11 CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices) APPENDIXA CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES) COSTESTIMATE SpecialTaxAServicesͲTheestimatebreaksdownthecostsofprovidingoneyear'smaintenance servicesforFiscalYear2022Ͳ23.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor CommunityFacilitiesDistrictNo.2019Ͳ1. TAXZONE14 TR5907 ItemDescriptionEstimatedCost 1Landscaping$1,517 2Streets$2,766 3Reserves$228 4Admin$750 Total$5,261 SpecialTaxBContingentServices–TherearenoservicesbeingfundedbythelevyofSpecialTax B(Contingent)forCommunityFacilitiesDistrictNo.2019Ͳ1.However,additionalTaxZonesmay haveSpecialTaxBContingentServicesbeingprovided. TAXZONE14 FY2022Ͳ23MAXIMUMSPECIALTAXRATES DEVELOPEDPROPERTYANDAPPROVEDPROPERTY LandUse Category Taxable Unit Maximum SpecialTaxA Maximum SpecialTaxB NonͲResidentialPropertyAcre$2,268$0 TAXZONE14 FY2022Ͳ23MAXIMUMSPECIALTAXRATES UNDEVELOPEDPROPERTY Taxable Unit Maximum SpecialTaxA Maximum SpecialTaxB Acre$2,268$0 19.b Packet Pg. 792 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision CityofSanBernardino12 CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices) TAXZONESUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum SpecialTaxA Maximum SpecialTaxB Subdivider Original1171702019Ͳ20$961/RU$0/RUSantiagoCommunities,Inc. 12173292019Ͳ20$473/RU$0/RUJECEnterprises,Inc. 23PM198142020Ͳ21$608/Acre$0/AcreGWS#4Development,LLC 340266Ͳ041Ͳ392019Ͳ20$1,136/Acre$0/AcreDevoreStorageFacility,LLC 45TR200062020Ͳ21$344/RU$57/RUTHRanchoPalma,LLC 56PM197012020Ͳ21$1,895/Acre$528/AcreStrataPalma,LLC 67PM201122020Ͳ21$3,197/Acre$0/AcreSanBernardinoMedicalCenter LLC 78TR202932021Ͳ22$2,913/Acre$334/AcreICOFundVI,LLC 89LM2019Ͳ0212021Ͳ22$815/Acre$232/AcreTR2600CajonIndustrialLLC 910TR201892021Ͳ22$490/Acre$154/AcreCentralCommerceCenter,LLC 1011LD19000862021Ͳ22$1,472/Acre$0/AcreLankershimIndustrial,LLC 1112TR203052022Ͳ23$175/Acre$0/AcrePrologis,LP 1213LLA2020Ͳ0042022Ͳ23$1,169/Acre$0/AcreDreamlandRealEstateHoldings 1314TR59072022Ͳ23$2,268/Acre$0/AcreMagicLaundryServices,Inc. ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesͲRiversideͲOrange County(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. 19.b Packet Pg. 793 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 13 Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a)maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b)maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c)public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created. 19.b Packet Pg. 794 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision City of San Bernardino 14 Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES 19.b Packet Pg. 795 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision SIERRAWAYHILLCRESTAVEBENEDICT ST0141-282-050141-282-06ANNEXATION MAP NO. 13COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1TAX ZONE 14^_·|}þ18·|}þ210§¨¦15§¨¦215£¤66£¤66THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22.-LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER14 TAX ZONETHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. 14THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATEExhibit D19.bPacket Pg. 796Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 19.bPacket Pg. 797Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. EXHIBIT E 19.b Packet Pg. 798 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision 19.b Packet Pg. 799 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision 19.b Packet Pg. 800 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision 19.b Packet Pg. 801 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision 19.b Packet Pg. 802 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision 19.b Packet Pg. 803 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision 19.b Packet Pg. 804 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 13) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 2, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, March 16, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the March 16, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022 19.b Packet Pg. 805 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 13 (March 16, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Magic Laundry Services, Inc. 2.32 3 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 2, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 16, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 16, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk 19.b Packet Pg. 806 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Magic Laundry Services, Inc. Attn: Harry Kertenian 412 W. Roosevelt Avenue Montebello, CA 90640 0141-282-05 and 0141-282-06 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 2, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 13 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Magic Laundry Services, Inc. By: Harry Kertenian CFO Signature Print Name Title 19.b Packet Pg. 807 Attachment: Attachment 2 - Resolution 2022-22; Exhibits A-G Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 [Revision PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 14 19.cPacket Pg. 808Attachment: Attachment 3 - Project Map (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 19.d Packet Pg. 809 Attachment: Attachment 4 - Maintenance Exhibit (8751 : Resolution Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 13 Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 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 – Citywide Pavement Rehabilitation (SB-1) (All Wards) Recommendation Adopt Resolution No. 2022-19 of the Mayor and City Council of the City of San Bernardino, California: 1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project; 2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1); 3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); 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 is responsible for maintaining streets citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with an RSL between 20 and 10 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with an RSL less than 5 require complete removal and replacement. In anticipation of this work, Citywide Pavement Rehabilitation (SB1) project (CIP SS22 - 001) was included in the FY 2021/22 Capital Improvement Plan (CIP) adopted on June 16, 2021, by the Mayor and City Council. The CIP established SB1 Funding in the 20 Packet Pg. 810 8753 Page 2 amount of $4,000,000 for the project to rehabilitate following locations: • King Street: between K Street and Mt. Vernon Avenue (Ward 1) • Highland Avenue: between 210/215 interchange and Lincoln (Ward 2) • K Street: between Mill Street and Hillcrest Avenue (Ward 3) • Pumalo Street: Arden Avenue to Sterling Avenue(Ward 4) • Churchill Street: between Belmont Avenue and Olive Avenue (Ward 5) • Baseline Street: between Medical Center and Mt. Vernon Avenue (Ward 6) • 28th Street: between Golden Avenue to end Flood Control (Ward 7) • Parkdale Avenue: between Mt. View Avenue to Sierra Way (Ward 4,7) • Mill Street: between Allen Street to G Street (Ward 1,3) Plans and specifications were prepared with the proposed scope of work at the locations to include pavement rehabilitation and providing missing sidewalk and ADA access ramps. Discussion (SB1) Project 13466 to provide pavement rehabilitation, was advertised for public bidding on November 27, 2021, and December 4, 2021, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on January 6, 2022. The City received four (4) bids as follows: Bidder City Base Bid All American Asphalt, Inc. Corona $4,738,119 Matich Corporation San Bernardino $5,533,070 Calmex Engineering, Inc. Bloomington $6,292,592 Hardy & Harper, Inc. Lake Forest $6,376,468 The City has reviewed the bid package and confirmed that All American Asphalt, Inc of Corona, California, is the lowest responsible and responsive bidder, with a total bid amount of $4,738,119. If awarded by the Mayor and City Council, construction work is anticipated to begin in February 2022 and be completed by June 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1d: minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by rehabilitating street pavement and providing ADA access to the community. Fiscal Impact There is no General Fund impact associated with this action. Project budget for the 20 Packet Pg. 811 8753 Page 3 proposed work was previously established through the adopted FY 2021/22 Capital Improvement Plan in the SB1 fund as follows: Citywide Pavement Rehabilitation (SB1) $4,000,000 Additional fund Allocation (SB1) $1,500,000 Total Available Project Funding $5,500,000 The overall cost of the improvement work is as follows: Construction Bid Amount $4,738,119 Construction Contingency $ 471,881 Engineering and Inspections $ 290,000 Total Project Cost $5,500,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-XX: 1. Authorizing the Director of Finance to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1)Project; 2. Approving the award of a Construction Contract with All American Asphalt, Inc., in the amount of $4,738,119 to provide Citywide Pavement Rehabilitation (SB-1); 3. Authorizing project construction, construction contingencies and inspection costs in the total amount of $5,500,000 for Citywide Pavement Rehabilitation (SB1) Project (CIP SS-22-001); and 4. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2022-19; Attachment 2 Resolution No. 2022-19; Exhibit A - Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Bid Proposal Attachment 5 Location Map Ward: All Synopsis of Previous Council Actions: June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22 20 Packet Pg. 812 Resolution No. 2022-19 Resolution 2022-19 February 2, 2022 Page 1 of 4 RESOLUTION NO. 2022-19 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA AUTHORIZING THE DIRECTOR OF FINANCE TO AMEND THE FY 2021/22 CAPITAL IMPROVEMENT PLAN, RECORDING A SUPPLEMENTAL APPROPRIATION IN THE AMOUNT OF $1,500,000 IN SB-1 FUND FOR CITYWIDE PAVEMENT REHABILITATION (SB1) PROJECT; APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT INC., IN THE AMOUNT OF $4,738,119 TO PROVIDE CITYWIDE PAVEMENT REHABILITATION (SB-1); AUTHORIZING PROJECT CONSTRUCTION, CONSTRUCTION CONTINGENCIES AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $5,500,000 FOR CITYWIDE PAVEMENT REHABILITATION (SB1) PROJECT (CIP SS-22-001); 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 citywide streets, sidewalk, and American Disability Act (ADA) access ramps throughout the City; and WHEREAS, in March 2020, a Pavement Management Analysis (PMA) was completed these used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with an RSL between 20 and 10 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with an RSL less than 5 require complete removal and replacement; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted the FY2021/22 Capital Improvement Plan (CIP), established SB-1 Funding in the amount of $4,000,000 for citywide Pavement Rehabilitation (SB1) (CIP SS 22-001); and WHEREAS, in January 2022, the City administered a competitive bid solicitation for Citywide Pavement Rehabilitation (SB1) Project (“Project”) to rehabilitate nine (9) locations citywide, resulting in the receipt of four construction cost submittals; and WHEREAS, All American Asphalt Inc., of San Corona, California, has been determined to be the lowest responsive and responsible bidder; and 20.a Packet Pg. 813 Attachment: Attachment 1 - Resolution No. 2022-19 Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) [Revision 3] (8753 Resolution No. 2022-19 Resolution 2022-19 February 2, 2022 Page 2 of 4 WHEREAS, the City now wishes to enter into a Construction Agreement with All American Asphalt, of San Corona, California in the amount of $4,738,119 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Director of Finance is hereby authorized to amend the FY 2021/22 Capital Improvement Plan, recording a supplemental appropriation in the amount of $1,500,000 in SB-1 Fund for Citywide Pavement Rehabilitation (SB1) Project. SECTION 2. The City Manager is hereby authorized to execute a Construction Agreement, and any supporting documents, for Citywide Pavement Rehabilitation (SB1) projects with All American Asphalt Inc., of Corona, California in the total amount of $4,738,119 on behalf of the City, attached hereto and incorporated herein as Exhibit “A”. SECTION 3. The City Manager, or his designee, is hereby authorized to execute all documents in support of Citywide Pavement Rehabilitation (SB1) Project 13466 on behalf of the City and to expend contingency funds, if necessary, to complete the project. SECTION 4. The Director of Finance is hereby authorized to issue a purchase order in the amount of $4,738,119 to All American Asphalt Inc., of San Corona, 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 asphalt pavement and concrete removal and replacement with no expansion of the existing use. Additionally, the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because asphalt pavement and concrete removal and replacement does not present any unusual circumstances; would not damage 20.a Packet Pg. 814 Attachment: Attachment 1 - Resolution No. 2022-19 Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) [Revision 3] (8753 Resolution No. 2022-19 Resolution 2022-19 February 2, 2022 Page 3 of 4 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. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of February 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 20.a Packet Pg. 815 Attachment: Attachment 1 - Resolution No. 2022-19 Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) [Revision 3] (8753 Resolution No. 2022-19 Resolution 2022-19 February 2, 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-___, 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. 816 Attachment: Attachment 1 - Resolution No. 2022-19 Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) [Revision 3] (8753 20.bPacket Pg. 817Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 818Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 819Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 820Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 821Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 822Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 823Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 824Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 825Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.bPacket Pg. 826Attachment: Attachment 3 - Bid Tabulation [Revision 1] (8753 : Construction Contract Award – Citywide 20.c Packet Pg. 827 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 828 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 829 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 830 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 831 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 832 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 833 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 834 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 835 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 836 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 837 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 838 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 839 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 840 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 841 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 842 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 843 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 844 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 845 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 846 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 847 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 848 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 849 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 850 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 851 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 852 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 853 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 854 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 855 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 856 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 857 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 858 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 859 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 860 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 861 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 862 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 863 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.c Packet Pg. 864 Attachment: Attachment 4 - Bid Proposal (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.d Packet Pg. 865 Attachment: Attachment 5 - Location Map (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.d Packet Pg. 866 Attachment: Attachment 5 - Location Map (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.d Packet Pg. 867 Attachment: Attachment 5 - Location Map (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.d Packet Pg. 868 Attachment: Attachment 5 - Location Map (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.d Packet Pg. 869 Attachment: Attachment 5 - Location Map (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) 20.d Packet Pg. 870 Attachment: Attachment 5 - Location Map (8753 : Construction Contract Award – Citywide Pavement Rehabilitation (SB-1) (All Wards)) AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this __ day of _ ___ __ _, 20_, between the City of San Bernardino ( owner and hereinafter "CITY"), and ________ (hereinafter "CONTRACTOR"). 1.For and in consideration of the payments and agreements hereinafter mentioned, to bemade and performed by the CITY, and under the conditions expressed in the bond as depositedwith the CITY, receipt of which is hereby acknowledged, the CONTRACTOR agrees with theCITY, at the CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the CITY, to furnish all materials, tools and equipment and perform all the worknecessary to complete in good workmanlike and substantial manner the PAVEMENT REHABILITATION AT NINE LOCATIONS Project No. 13466 in strict conformity with Plans and Special Provisions for Project No. 13466 , and also in accordance with Standard Specifications for Public Works./Construction, latest edition in effect on the first day of the advertised "Notice Inviting Sealed Bids" for this project, on file in the Office of the City Engineer, Public Works Department, City of San Bernardino, which said Plans and Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2.The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full compensation for furnishing all materials and doing a11 the work contemplated and embraced in this agreement; also for all loss or damage arising out of the nature of the workaforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every desc�ption connected with the work; also forall expenses incurred by or in consequence of the suspension or discontinuance of work, and forwell and faithfully completing the work and the whole thereof, in the manner and according to thePlans and Special Provisions, and requirements of the Engineer under them. 3.The CONTRACTOR herein covenants by and for himself or herself, his or her heirs,executors, administrators, and assigns. and all persons claiming under or through them, that thereshal1 be no discrimination against or segregation of, any person or group of persons on the basis ofrace, color, national origin, religio0; sex, marital status, or ancestry in the performance of thiscontract, nor shall the CONTRACTOR or any person claiming under or through him or her,establish or permit any such practice or practices of discrimination or segregation with reference tothe selection of subcontractors, vendees, or employees in the performance of this contract. Failureby the CONTRACTOR to carry out these requirements is a material breach of This contract, whichmay result in the termination of this contract or such other remedy, as recipient deems appropriate. A-1 All American Asphalt, Inc. 2nd February 22 20.e Packet Pg. 871 Attachment: Attachment 2 - Resolution No. 2022-19 - Exhbit A - Contract Agreement (8753 : Construction Contract Award – Citywide Pavement AGREEMENT: PAVEMENT REHABILITATION AT NINE LOCATIONS- Project No. 13466 4.CITY hereby promises and agrees with the said CONTRACTOR to employ, and doeshereby employ the said CONTRACTOR to provide the materials and to do the work according tothe terms and conditions herein contained and referred to, for the prices aforesaid, and herebycontracts to pay the same at the time, in the manner, and upon the conditions above set forth; andthe same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agreeto the full performance of the covenants herein contained.5.It is further expressly agreed by and between the parties hereto that should there be anyconflict between the terms of this instrument and the bid of said CONTRACTOR, then thisinstrument shall control and nothing herein shall be considered as an acceptance of said terms ofsaid bid conflicting herewith.IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)counterparts, each of which shall be deemed an original in the year and day first abovementioned.CONTRACTOR NAME OF FIRM: All American Asphalt BY: TITLE:_!:dward J. Carlson, Vice President MAILING ADDRESS: 400 East Sixth Street -Corona, CA_92879 -- -�-- __ PHONE NO.:� 736-7600 ATTEST: ecretary, Michael Farkas BY: CITY OF SAN BERNARDINO ROBERT D. FIELD City Manager ATTEST: GENOVEVA ROCHA, CMC City Clerk APPROVED AS TO FORM: SONIA CARY ALHO, City Attorney NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest. A-2 20.e Packet Pg. 872 Attachment: Attachment 2 - Resolution No. 2022-19 - Exhbit A - Contract Agreement (8753 : Construction Contract Award – Citywide Pavement 20.e Packet Pg. 873 Attachment: Attachment 2 - Resolution No. 2022-19 - Exhbit A - Contract Agreement (8753 : Construction Contract Award – Citywide Pavement Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Irrevocable Agreement to Annexation No. 2022-368 (Ward 6) Recommendation Adopt Resolution No. 2022-20 of the Mayor and City Council of the City of San Bernardino, California, approving the application to the Local Agency Formation Commission to provide City sewer services to a property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262 -021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Background The San Bernardino Municipal Water Department has recently received a request for sewer service from the owner of the parcel located at 19472 Cajon Boulevard (APN 0262-022-09 and 13) for a connection to the sewer collection system. The parcel is in an unincorporated area south of the intersection of Kendall Drive and Cajon Boulevard. The property owner is desirous of a connection to the sewer collection system serving the proposed industrial trailer parking facility. In 1994, the California Government Code Section was amended by the addition of Section 56133, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. The annexation of single parcels is not desirable since it creates uneven boundaries and creates confusion regarding the delivery of other City services. This property is contiguous to City boundaries; however, annexation of this property would result in other islands. In September 1997, the City adopted a policy relative to the providing of sewer servic es outside of City boundaries. The policy includes a payment of $1,326 for the initial sewer connection application processing fee. Additionally, the petitioner will pay all LAFCO related fees directly to LAFCO and the normal sewer capacity and connection fees to the Water Department for processing the Irrevocable Annexation Agreement. The policy also requires the land use to be consistent with the City's General Plan and the property owner to execute an "Irrevocable Agreement to Annex" in the event that this property is included in an annexation proceeding sometime in the future. 21 Packet Pg. 874 8754 Page 2 Discussion The Water Department has indicated that there is adequate capacity at the wastewater treatment plant to serve this property and that the existing industrial use is c onsistent with the City's General Plan. The Water Department Engineering Division has determined that there is an available 15 -inch vitrified clay pipe sanitary sewer main within Cajon Boulevard, fronting the subject parcel. LAFCO requires that the application be made by the Agency that is to provide the service. The resolution will allow the City Water Department to apply to LAFCO if approved by Mayor and City Council. Upon approval by LAFCO the Irrevocable Agreement to Annex will be executed between t he City and the applicant. 2021-2025 Key Strategic Targets and Goals The Irrevocable Agreement to Annex is consistent with Key Target No. 4b: Update the General Plan and Development Code as it ensures this property meets General Plan use and will be included in a future City annexation of this unincorporated area. Fiscal Impact There is no fiscal impact associated with this action. The $1,326 for the sewer connection application processing fee has been paid by the applicant. The applicant will also pay the corresponding sewer capacity and connection fees to the Water Department, and other LAFCO application fees. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-20, approving the Application to the Local Agency Formation Commission to provide City sewer services to property within unincorporated territory located at 19472 Cajon Boulevard (APN 0262-021-09 and 13) and authorizing the City Manager to execute an Irrevocable Agreement to Annex. Attachments Attachment 1 Resolution No. 2022-20 Attachment 2 Resolution No. 2022-20; Exhibit A - Irrevocable Agreement to Annex Attachment 3 Vicinity Map Attachment 4 Application Ward: 6 Synopsis of Previous Council Actions: 1994 The California Government Code section was amended by the addition of Section 611, which requires the Local Agency Formation Commission (LAFCO) to approve the provision of new City services outside its corporate boundaries. September 1997 The City of San Bernardino adopted a policy relative to the providing of sewer services outside of City boundaries. 21 Packet Pg. 875 Resolution No. 2022-20 Resolution 2022-20 February 2, 2022 Page 1 of 4 RESOLUTION NO. 2022-20 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE APPLICATION TO THE LOCAL AGENCY FORMATION COMMISSION TO PROVIDE CITY SEWER SERVICES TO PROPERTY WITHIN THE UNINCORPORATED TERRITORY LOCATED AT 19472 CAJON BOULEVARD (APN 0262-021-09 AND 13); AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN IRREVOCABLE AGREEMENT TO ANNEX WHEREAS, Cajon Blvd. Industrial Park, LLC, a Delaware limited liability company, the owner of the property in an unincorporated area located at 19472 Cajon Boulevard, also known as Assessor’s Parcel Number 0262-021-09 and 13, has requested connection to the City of San Bernardino’s sewage system; and WHEREAS, said Property is located within the City’s Sphere of Influences; and WHEREAS, pursuant to Section 2.28.030 (Service outside City Limits) of the San Bernardino Municipal Code, the Mayor and City Council must approve any water and sewer service outside the corporate limits of the City of San Bernardino; and WHEREAS, pursuant to California Government Code Section 56133, a city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries subject to approval from the Local Agency Formation Commission (LAFCO); and WHEREAS, pursuant to Resolution No. 97-275 the property owner requesting connection to the City’s sewage system must pay all applicable fees required by the City, San Bernardino Municipal Water District, and LAFCO. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. That the Mayor and City Council of the City of San Bernardino hereby authorize an application to the LAFCO for the connection to the City’s sewage system for property located at 19472 Cajon Boulevard, Assessor’s Parcel Number 0262-022-09 and 13, more fully described as follows: PARCEL 1: THAT PORTION OF BLOCK 11 OF THE MEYER AND BARCLAY SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS 21.a Packet Pg. 876 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to Resolution No. 2022-20 Resolution 2022-20 February 2, 2022 Page 2 of 4 PER MAP RECORDED IN BOOK 2, PAGE(S) 32, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID BLOCK 11, DISTANT THEREON SOUTH 89° 36' 35" WEST, 233.98 FEET FROM A 2' X 3" HUB IN A ROCK "MOUND" MARKING THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 517.71 FEET ALONG SAID SOUTH LINE; THENCE NORTH 44° 03' 25" WEST, 21.75 FEET; THENCE NORTH 35° 51' 10" WEST, 516.24 FEET; THENCE NORTH 28° 59' 28" WEST, 649.53 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE FROM A TANGENT BEARING SOUTH 67° 46' 32" EAST, ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 5,679.65 FEET, THROUGH AN ANGLE OF 7° 28' 36", A DISTANCE OF 741.16 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE FROM A TANGENT BEARING SOUTH 28° 13' 04" EAST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3200 FEET, THROUGH AN ANGLE OF 14° 54' 24", A DISTANCE OF 832.55 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION RELINQUISHED TO THE COUNTY OF SAN BERNARDINO, A CERTIFIED COPY OF SAID RELINQUISHMENT HAVING BEEN RECORDED SEPTEMBER 3, 1959 IN BOOK 4921, OF SAID OFFICIAL RECORDS, PAGE 123, AND IS SHOWN ON DETAIL MAP OF RELINQUISHMENT ON F ILE IN STATE HIGHWAY MAP BOOK 3, PAGE 49-53, IN SAID RECORDERS OFFICE. PARCEL 2: THAT PORTION OF BLOCK 11, MEYER AND BARCLAY SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 233.98 FEET ALONG THE SOUTH LINE OF SAID BLOCK 11 TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID BLOCK 11, AND THE EASTERLY LINE OF THE STATE HIGHWAY, AS CONVEYED BY DEED RECORDED IN BOOK 1203, AT PAGE 418 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID STATE HIGHWAY, FROM A TANGENT BEARING NORTH 43° 07' 28" WEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 3200 FEET THRU AN ANGLE OF 14° 54' 24" A DISTANCE OF 832.55 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID BLOCK 11; THENCE SOUTH ALONG THE EAST LINE OF SAID BLOCK 11 TO THE SOUTHEAST CORNER OF SAID BLOCK 11, TO THE POINT OF BEGINNING. SECTION 3. The City Manager is hereby authorized to execute an Irrevocable Agreement to Annex No. 2021-368, a copy of which is attached as Exhibit “A”. SECTION 4. The City Clerk of said City is hereby authorized and directed to file, or cause to be filed, a certified copy of this resolution with the Executive Officer of the LAFCO. 21.a Packet Pg. 877 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to Resolution No. 2022-20 Resolution 2022-20 February 2, 2022 Page 3 of 4 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 ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney 21.a Packet Pg. 878 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to Resolution No. 2022-20 Resolution 2022-20 February 2, 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-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk 21.a Packet Pg. 879 Attachment: Attachment 1 - Resolution No. 2022-20 Irrevocable Agreement to Annexation No. 2022-368 (8754 : Irrevocable Agreement to LAFCO SC# RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Bernardino 290 N. D Street San Bernardino, California 92401 Attn: City Manager Exempt from Recording fee pursuant to Gov't Code §§ 27383, 6103 (Space above for Recorder’s use) IRREVOCABLE AGREEMENT TO ANNEX No. 2021-368 This I r r e v o c a b l e A g r e e m e n t to A n n e x (“Agreement), is entered into this day of February 2, 2022; by and between Cajon Blvd. Industrial Park LLC, a Delaware Limited Liability Company Hereinafter referred to as “OWNER,” and the CITY OF SAN BERNARDINO, a charter city and municipal corporation, hereafter referred to as a “CITY.” OWNER and CITY may be referred to in this Agreement individually as “Party” and collectively as “Parties”. RECITALS: WHEREAS, OWNER holds title to the unincorporated parcel, located at 1 9472 Cajon Boulevard, San Bernardino , California, and parcel is further described as follows: PARCEL 1: THAT PORTION OF BLOCK 11 OF THE MEYER AND BARCLAY SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2, PAGE(S) 32, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID BLOCK 11, DISTANT THEREON SOUTH 89° 36' 35" WEST, 233.98 FEET FROM A 2' X 3" HUB IN A ROCK "MOUND" MARKING THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 517.71 FEET ALONG SAID SOUTH LINE; THENCE NORTH 44° 03' 25" WEST, 21.75 FEET; THENCE NORTH 35° 51' 10" WEST, 516.24 FEET; THENCE NORTH 28° 59' 28" WEST, 649.53 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE FROM A TANGENT BEARING SOUTH 67° 46' 32" EAST, ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 5,679.65 FEET, THROUGH AN ANGLE OF 7° 28' 36", A DISTANCE OF 741.16 FEET ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE; THENCE FROM A TANGENT BEARING SOUTH 28° 13' 04" EAST, ALONG A CURVE TO THE LEFT WITH A RADIUS OF 3200 FEET, THROUGH AN ANGLE OF 14° 54' 24", A DISTANCE OF 832.55 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION RELINQUISHED TO THE COUNTY OF SAN BERNARDINO, A CERTIFIED COPY OF SAID RELINQUISHMENT HAVING BEEN RECORDED SEPTEMBER 3, 1959, IN BOOK 4921, OF SAID OFFICIAL RECORDS, PAGE 123, AND IS SHOWN ON DETAIL MAP OF 21.b Packet Pg. 880 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to RELINQUISHMENT ON FILE IN STATE HIGHWAY MAP BOOK 3, PAGE 49-53, IN SAID RECORDERS OFFICE. PARCEL 2: THAT PORTION OF BLOCK 11, MEYER AND BARCLAY SUBDIVISION, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 OF MAPS, PAGE 32, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID BLOCK 11; THENCE SOUTH 89° 36' 35" WEST, 233.98 FEET ALONG THE SOUTH LINE OF SAID BLOCK 11 TO THE POINT OF INTERSECTION OF THE SOUTH LINE OF SAID BLOCK 11, AND THE EASTERLY LINE OF THE STATE HIGHWAY, AS CONVEYED BY DEED RECORDED IN BOOK 1203, AT PAGE 418 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID STATE HIGHWAY, FROM A TANGENT BEARING NORTH 43° 07' 28" WEST ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 3200 FEET THRU AN ANGLE OF 14° 54' 24" A DISTANCE OF 832.55 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID BLOCK 11; THENCE SOUTH ALONG THE EAST LINE OF SAID BLOCK 11 TO THE SOUTHEAST CORNER OF SAID BLOCK 11, TO THE POINT OF BEGINNING. APN 0262-021-09 AND 13) WHEREAS, the Property is within the CITY’s sphere of influence; and WHEREAS, OWNER desires to obtain CITY’s sewage system and wastewater treatment plant service for the Property; and WHEREAS, CITY’s sewage system and wastewater treatment plant service could be provided to the Property by connecting to the CITY’s sewage system; and WHEREAS, CITY’s sewage system and wastewater treatment plant have sufficient capacity to convey and treat the sewage generated by the Property; and WHEREAS, the covenants and conditions set forth herein shall create an equitable servitude upon the parcel, and shall be fully binding upon OWNER’s heirs, successors, and assigns. NOW, THEREFORE, the Parties hereto agree as follows: 21.b Packet Pg. 881 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ SECTION I OWNER AGREES: a. To consent to the annexation of the Property to the CITY. OWNER agrees to covenant for itself, its agents, employees, contractors, heirs, successors, and assigns (“Successors”) not in any way object to, protest, delay, frustrate or otherwise impede any annexation proceedings concerning the annexation of the Property to the CITY. OWNER and its Successors shall cooperate in every reasonable way with the requests of the CITY, the San Bernardino Local Agency Formation Commission (“LAFCO”), or any other public agency in any proceedings to annex the Property to the CITY. The OWNER’s and its Successor’s cooperation shall include, but not be limited to, the filing of all necessary applications, petitions, plans, drawings, and any other documentation or information required by the CITY, LAFCO, or any other public agency. b. To pay such annexation fees and costs and other municipal charges as would ordinarily be charged in the annexation of property to the CITY. Said fees shall be payable when the same becomes due and payable. c. To pay all fees and charges and make all deposits required by the CITY to connect to and use the CITY’s sewage system and wastewater treatment plant service system, and further agrees to be bound by all CITY ordinances, rules and regulations respecting the sewage system. d. To acknowledge that execution of this Agreement to annex is on behalf of all future heirs, successors, and assigns; and that said Agreement shall be irrevocable without written consent of CITY. e. To comply with the San Bernardino Municipal Code and any rules and regulations promulgated by the Water Board of the San Bernardino Municipal Water Department relating to CITY’s sewage system and wastewater treatment plant service system. f. To make application to LAFCO and allow CITY to make application on behalf of the OWNER and pay all application fees, for approval to connect to CITY’s sewage system, pursuant to Section 56133 of the Government Code. g. To execute a standard form agreement with CITY stipulating the terms and conditions under which the connection to the CITY’s sewage system and wastewater treatment plant service system shall be made and maintained. h. OWNER acknowledges and agrees that if CITY determines that any attempted annexation fails or is unreasonably delayed because the OWNER or Successor failed to exercise good faith and best efforts to cause or assist in permitting the annexation to occur, any connection to CITY’s sewage system and wastewater treatment plant service system permitted or authorized by this agreement may 21.b Packet Pg. 882 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ be disconnected at the sole option of CITY and upon reasonable notice to the OWNER to provide for alternative service. i. OWNER agrees to maintain the Property in good condition and in compliance with reasonable residential standards. Reasonable standards are defined as the level of maintenance service necessary to keep the appearance and operation of the Property free from visible defects, deterioration, dirt, and debris. j. OWNER shall indemnify, defend, and hold the CITY and its officials and staff harmless from any and all liability, claims, costs (including reasonable attorneys’ fees), damages, expenses and causes of action resulting from any construction performed under or otherwise related to performance of this Agreement. SECTION II CITY AGREES: a. To allow OWNER’s parcel, described hereinbefore, to connect to CITY’s sewage system and wastewater treatment plant service system, subject to payment of all applicable fees and permits. SECTION III BE IT MUTUALLY AGREED, AS FOLLOWS: a. City Clerk for CITY shall record this Agreement with the County Recorder. b. The benefit to the subject parcel will inure to the benefit of subsequent owners, their heirs, successors, and assigns, and the agreements, conditions, and covenants contained herein shall be binding upon them and upon the land. c. The approval granted to connect said parcel to CITY’s sewage system and wastewater treatment plant service system is contingent upon OWNER securing approval from LAFCO. d. This Agreement may be executed in counterparts. e. CITY and OWNER acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. f. This Agreement may only be amended by the written consent of all of the Parties at the time of such amendment. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the 21.b Packet Pg. 883 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ prevailing party shall be entitled to have and recover from the losing Party reasonable attorneys’ fees and costs of suit, and, if CITY is awarded such attorneys’ fees and costs, such award shall constitute a lien upon the Property. g.Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. h.This Agreement has been executed in and shall be governed by the laws of the State of California. Venue shall be in the County of San Bernardino. 21.b Packet Pg. 884 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021-363 LAFCO SC # _____ SIGNATURE PAGE TO IRREVOCABLE AGREEMENT TO ANNEX IN WITNESS WHEREOF, the Parties hereto have caused this agreement to be entered into as of the Effective Date set forth above. CITY OF SAN BERNARDINO Approved By: OWNER Robert D. Field City Manager Signature Name Sonia Carvalho City Attorney Attested By: Genoveva Rocha, CMC City Clerk 21.b Packet Pg. 885 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____ STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public (Seal) 21.b Packet Pg. 886 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 363363 IRREVOCABLE AGREEMENT TO ANNEX NO. 2021 LAFCO SC # _____ STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) On before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public (Seal) 21.b Packet Pg. 887 Attachment: Attachment 2 - Resolution No 2022-20 - Exhibit A - Irrevocable Agreement to Annex [Revision 1] (8754 : Irrevocable Agreement to 21.c Packet Pg. 888 Attachment: Attachment 3 - Vicinity map (8754 : Irrevocable Agreement to Annexation No. 2022-368 (Ward 6)) 21.dPacket Pg. 889Attachment: Attachment 4 - Application (8754 : Irrevocable Agreement to Annexation No. 2022-368 (Ward 6)) Page 1 Consent Calendar City of San Bernardino Request for Council Action Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Robert D. Field, City Manager By: Alex Qishta, Interim Director of Public Works Subject: Resolution Declaring Intent to Annex Territory: CFD No. 2019- 1 Annexation No. 11 (Ward 3) Recommendation Adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of a special taxes therein. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Discussion On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019 -178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019 -1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the Ci ty. Development projects are subject to conditions of approval that require projects to form/annex a maintenance district. These districts apply an annual fee or special tax upon properties within the district which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. 22 Packet Pg. 890 8755 Page 2 The public facilities and services proposed to be financed within the territory to be annexed to the district are the following: 1. Public lighting and appurtenant facilities, including streetlights within public rights- of-way and traffic signals; and 2. Maintenance of streets, including pavement management, and provide street sweeping; and 3. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the district including the contract administration and for the collection of reserve funds. The proposed development includes approximately 13.69 gross acres of a zoned industrial property to include a gated truck parking lot with a guard house. The property is located west of I-215, on W. Rialto Avenue just west of S. Mt. Vernon Avenue. At build out this development will create 12.53 net taxable acres as a new Tax Zone No. 12 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019 -1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 12), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $175 per acre for FY 2022/23. In order to annex property to CFD No. 2019 -1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below: • Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). • Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. • Resolution declaring the results of the election and directing the recording of the notice of special tax lien. • Amend the Ordinance and order the levy and collection of special taxes in the District. 22 Packet Pg. 891 8755 Page 3 With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for March 16, 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Financial Stability and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $2,190 to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, adopt Resolution No. 2022-21 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 11) and authorizing the levy of special taxes therein. Attachments Attachment 1 Resolution No. 2022-21 Attachment 2 Resolution No. 2022-21; Exhibit A - Description of Territory; Exhibit B - Description of Authorized Services; Exhibit C - Rate and Method of Apportionment; Exhibit D - Annexation and Potential Annexation Boundary Maps; Exhibit E - Signed Petition, Waiver and Consent; Exhibit F - Notice of Public Hearing; Exhibit G - Special Election Ballot Attachment 3 PW CFD 2019-1 Annex 11 - Project Map Attachment 4 PW CFD 2019-1 Annex 11 - CFD Landscape Maintenance Exhibit Ward: 3 22 Packet Pg. 892 8755 Page 4 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello - Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019 -20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. 22 Packet Pg. 893 Resolution No. 2022-21 Resolution 2022-21 February 2, 2022 Page 1 of 4 RESOLUTION NO. 2022-21 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENT TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 11) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2. Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 22.a Packet Pg. 894 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution Resolution No. 2022-21 Resolution 2022-21 February 2, 2022 Page 2 of 4 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 11, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4. Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, March 16, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as the time and place when and where the City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. 22.a Packet Pg. 895 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution Resolution No. 2022-21 Resolution 2022-21 February 2, 2022 Page 3 of 4 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday March 16, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting 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 22.a Packet Pg. 896 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution Resolution No. 2022-21 Resolution 2022-21 February 2, 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-___, 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 22.a Packet Pg. 897 Attachment: Attachment 1 - Resolution No. 2022-21 Declaring Intent to Annex Territory: CFD No. 2019-1 Annexation No. 11 (8755 : Resolution EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 11 is currently comprised of 10 parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN). APN Owner Name 0137-011-01 Prologis LP 0137-011-31 Prologis LP 0137-051-27 (Por.) Prologis LP 0137-052-46 Prologis LP 0274-011-11 Prologis LP 0274-011-12 Prologis LP 0274-011-34 Prologis LP 0274-011-35 Prologis LP 0274-011-42 Prologis LP 0274-011-43 Prologis LP 22.b Packet Pg. 898 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. 22.b Packet Pg. 899 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: EXHIBIT C City of San Bernardino 1 Community Facilities District No. 2019‐1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County. 22.b Packet Pg. 900 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 2 Community Facilities District No. 2019‐1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non‐Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1. 22.b Packet Pg. 901 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 3 Community Facilities District No. 2019‐1 (Maintenance Services) “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019‐1. “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit. “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non‐residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non‐Residential Property. “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone. “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator. “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units. “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth in the documents adopted by the City Council at the time the CFD was formed. “Single Family Residential Property” means any residential property other than Multi‐Family Residential Property on an Assessor’s Parcel. “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property. “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement. "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A Requirement include funds for Bonds. 22.b Packet Pg. 902 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 4 Community Facilities District No. 2019‐1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required. "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt Property. “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is annexed into the CFD. "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1. "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision. “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property. B. ASSIGNMENT TO LAND USE CATEGORIES For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non‐Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi‐Family Residential Property and the number of Residential Units shall be determined by the Administrator. C. MAXIMUM SPECIAL TAX RATES For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or shown on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi‐family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs. For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s 22.b Packet Pg. 903 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 5 Community Facilities District No. 2019‐1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs. 1. Special Tax A a. Developed Property (i) Maximum Special Tax A The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below: TABLE 1 MAXIMUM SPECIAL TAX A RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential Property RU $961 (ii) Increase in the Maximum Special Tax A On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below: 22.b Packet Pg. 904 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 6 Community Facilities District No. 2019‐1 (Maintenance Services) TABLE 2 MAXIMUM SPECIAL TAX A RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax A 1 TR 17170 Single Family Residential RU $961 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below: TABLE 3 MAXIMUM SPECIAL TAX A RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax A 1 TR 17170 Acre $4,338 On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. 2. Special Tax B (Contingent) The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its bligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances: (a) The POA files for bankruptcy; (b) The POA is dissolved; (c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council. a. Developed Property (i) Maximum Special Tax B (Contingent) 22.b Packet Pg. 905 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 7 Community Facilities District No. 2019‐1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 4 below: TABLE 4 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES DEVELOPED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 (ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. (iii) Multiple Land Use Categories In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acreage designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final. b. Approved Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 5 below: TABLE 5 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES APPROVED PROPERTY Tax Zone Tract Land Use Category Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Single Family Residential Property RU $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for 22.b Packet Pg. 906 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 8 Community Facilities District No. 2019‐1 (Maintenance Services) Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of 22.b Packet Pg. 907 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 9 Community Facilities District No. 2019‐1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s). 22.b Packet Pg. 908 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 10 Community Facilities District No. 2019‐1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations. 22.b Packet Pg. 909 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: CityofSanBernardino11 CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices) APPENDIXA CITYOFSANBERNARDINO COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES) COSTESTIMATE SpecialTaxAServicesͲTheestimatebreaksdownthecostsofprovidingoneyear'smaintenance servicesforFiscalYear2022Ͳ23.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor CommunityFacilitiesDistrictNo.2019Ͳ1. TAXZONE12 TR20305 ItemDescriptionEstimatedCost 1Lighting$236 2Streets$1,168 3Reserves$36 4Admin$750 Total$2,190 SpecialTaxBContingentServices–TherearenoservicesbeingfundedbythelevyofSpecialTax B(Contingent)forCommunityFacilitiesDistrictNo.2019Ͳ1.However,additionalTaxZonesmay haveSpecialTaxBContingentServicesbeingprovided. TAXZONE12 FY2022Ͳ23MAXIMUMSPECIALTAXRATES DEVELOPEDPROPERTYANDAPPROVEDPROPERTY LandUse Category Taxable Unit Maximum SpecialTaxA Maximum SpecialTaxB NonͲResidentialPropertyAcre$175$0 TAXZONE12 FY2022Ͳ23MAXIMUMSPECIALTAXRATES UNDEVELOPEDPROPERTY Taxable Unit Maximum SpecialTaxA Maximum SpecialTaxB Acre$175$0 22.b Packet Pg. 910 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: CityofSanBernardino12 CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices) TAXZONESUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum SpecialTaxA Maximum SpecialTaxB Subdivider Original1171702019Ͳ20$961/RU$0/RUSantiagoCommunities,Inc. 12173292019Ͳ20$473/RU$0/RUJECEnterprises,Inc. 23PM198142020Ͳ21$608/Acre$0/AcreGWS#4Development,LLC 340266Ͳ041Ͳ392019Ͳ20$1,136/Acre$0/AcreDevoreStorageFacility,LLC 45TR200062020Ͳ21$344/RU$57/RUTHRanchoPalma,LLC 56PM197012020Ͳ21$1,895/Acre$528/AcreStrataPalma,LLC 67PM201122020Ͳ21$3,197/Acre$0/AcreSanBernardinoMedicalCenter LLC 78TR202932021Ͳ22$2,913/Acre$334/AcreICOFundVI,LLC 89LM2019Ͳ0212021Ͳ22$815/Acre$232/AcreTR2600CajonIndustrialLLC 910TR201892021Ͳ22$490/Acre$154/AcreCentralCommerceCenter,LLC 1011LD19000862021Ͳ22$1,472/Acre$0/AcreLankershimIndustrial,LLC 1112TR203052022Ͳ23$175/Acre$0/AcrePrologis,LP 1213LLA2020Ͳ0042022Ͳ23$1,169/Acre$0/AcreDreamlandRealEstateHoldings 1314TR59072022Ͳ23$2,268/Acre$0/AcreMagicLaundryServices,Inc. ESCALATIONOFMAXIMUMSPECIALTAXES OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesͲRiversideͲOrange County(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent (2.0%),whicheverisgreater. 22.b Packet Pg. 911 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 13 Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any portions adjacent to the properties within CFD No. 2019‐1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019‐1 before CFD No. 2019‐1 was created. 22.b Packet Pg. 912 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: City of San Bernardino 14 Community Facilities District No. 2019‐1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES 22.b Packet Pg. 913 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 0137-011-310137-011-01 0137-052-460274-011-43 0274-011-42 0274-011-350274-011-12 0274-011-11 0274-011-34A.T.&S.F.RRPICO AVES BCFCDCLRIALTO AVEANNEXATION MAP NO. 11COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1TAX ZONE 12^_·|}þ18·|}þ210§¨¦15§¨¦215£¤66£¤66THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22.-LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER12 TAX ZONETHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA.THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE120137-051-27(Por)EXHIBIT D22.bPacket Pg. 914Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : 22.bPacket Pg. 915Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : EXHIBIT E 22.b Packet Pg. 916 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 917 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 918 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 919 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 920 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 921 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 922 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: 22.b Packet Pg. 923 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 11) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on February 2, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, March 16, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the March 16, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022 22.b Packet Pg. 924 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 11 (March 16, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Prologis, LP 13.66 14 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than March 2, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on March 16, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on March 16, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk 22.b Packet Pg. 925 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Prologis, LP Attn: Thomas Donahue 3546 Concours Street, Suite 100 Ontario, CA 91764 0137-011-01, 0137-011-31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, 0274-011-12, 0274-011-34, 0274-011-35, 0274-011-42, 0274-011-43 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on February 2, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 11 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. Prologis, LP By: Thomas Donahue VP, Project Management Signature Print Name Title 22.b Packet Pg. 926 Attachment: Attachment 2 - Resolution No. 2022-21; Compiled Exhibits A-G [Revision 1] (8755 : Resolution Declaring Intent to Annex Territory: PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 12 22.cPacket Pg. 927Attachment: Attachment 3 - PW CFD 2019-1 Annex 11 - Project Map (8755 : Resolution Declaring Intent to ©2020 KIMLEY-HORN AND ASSOCIATES, INC. NORTH CFD MAINTENANCE AREA VICINITY MAP NORTH|||||||||||||||||||||||LEGEND 22.d Packet Pg. 928 Attachment: Attachment 4 - PW CFD 2019-1 Annex 11 - CFD Landscape Maintenance Exhibit (8755 : Resolution Declaring Intent to Annex Page 1 Request for Future Meeting City of San Bernardino Date: February 2, 2022 To: Honorable Mayor and City Council Members From: Ben Reynoso, Council Member, Ward 5 Subject: Contract with Placeworks, Separate from the General Plan, to Complete the Restricted Truck Routes 23 Packet Pg. 929